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Termination of Contract Which Ran Concurrently with Another Contract

B-192354 Nov 29, 1978
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Highlights

A company protested an agency action terminating a contract (contract "A") which was to run concurrently with another contract (contract "B"). The protest was considered since it involved a question of law rather than contract administration. Although assignment of a Government contract may violate the Anti-Assignment Act, the Government can recognize the assignee as a successor if it is in the best interest of the Government. Contract "B" was novated with the agency's approval, and this had the effect of extinguishing the contract and substituting a new one. Therefore, the view that contract "A" expired was proper. The agency determination to set aside the procurement under the Small Business Act was not a matter for GAO consideration.

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