Contracting Process Essays (Examples)

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Contracting
An effective consulting contract is one that clearly stipulates the scope and deliverables of the project. Both the client and the consultant must have a detailed understanding of each element of the contract (Block, 2011). This paper identifies the steps and processes involves in preparing a consulting contract as well as managing contract negotiations. Attention is specifically paid to necessary contracting skills, the importance of the different sections of a contract, the different approaches to drawing up a contract, the appropriate setting for holding the contracting meeting, and important factors to anticipate during the negotiation process.

Necessary Contracting Skills

The first step in the consulting cycle is to negotiate and enter into a contractual agreement with the client. For the consultant to win the contract, however, they must possess and demonstrate certain skills, capabilities, and competencies. First, it is important for the consultant to exhibit a deep understanding of the service….

Contracting Policies
Established equired Contracting Policies

Organization

Establish equired Contracting Policies

Following is a white paper report regarding three specific steps in the contingency contracting process. This report will use the DoD accepted definition of "direct contracting support to tactical and operational forces involved in the full spectrum of armed conflict and military operations other than war, both domestic and overseas" (DoD, 2010).

Developing the Contingency Contracting Process

Contingency contracting is a complicated process that is "characterized an extremely high tempo, confusion and controlled chaos" (DoD, 2010). Since the initial phase of most contingency operations are expected to involve some amount of chaos initially, a strong development plan is a necessity.

Developing contingency contracting plans for "major regional conflicts; lesser regional conflicts; military operations other than war; domestic disaster/emergency relief; and, routine military exercises" (DoD, 2010) is complicated and requires the input of many governmental offices. The first stage would be to consult the Joint Contingency Contracting….

Contract Dispute
Contract is a mutual agreement between at least two persons or parties, aimed at achieving a certain business goal. A contract can be oral or written, although, over the years, written contract has been preferred due to disputes that may arise in the later period of the contract. Often a lawyer is required during the mutual agreement, to ensure that the contract is legal, and serve as a witness of the agreement between the two. Contractual disputes can be during or even after the business process. This often results due to disagreements between the two parties or even misunderstanding.

Procedures in solving contract dispute

Contract Dispute Act is set by the United State that provides guidelines and procedures required whenever a dispute arises, and such disputes resolutions differ depending on the nature of dispute involved. Dispute resolution process involves filing a contract dispute between the two parties and seeks informal resolution….

Contract Proposal
This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility to participate and other details. Third, the dollar threshold reserved for business contracts in this scenario will be described. Fourth, an analysis of the contract formats for government contracts will be evaluated to include universal and commercial formats. The format to be used for this situation will be described in this scenario, per the assignment parameters. Fifth, the purpose of source selection will be evaluated for the purposes of this plan. Sixth, the ranking of criteria for the evaluation plan….

Contracts and Fraud
Contracts are one of the cornerstones of our modern legal system. They are necessary to conduct reliable economic transactions between individuals. When people make a formal agreement such as buying a car they must be assured that the requirements of both parties will be fulfilled: the seller will receive his or her money and the buyer will receive a vehicle. A critical component of contract law is the need for a contract that is not fraudulent in nature, since contracts depend upon a system of trust between both parties. "If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions. Misrepresentations commonly occur when a party says something false (telling a potential buyer that a house is termite-free when it is not) or, in some other way, conceals or misrepresents….

Contract Risk
PAGES 2 WORDS 681

Contracts involve risks. How could these risks be mitigated? Be sure to explain which role (or roles) on the project team within the performing organisation are responsible for identifying and remedying the results when said risks materialise.
A number of inherent risks are woven into certain projects: for example, if the project manager is not sufficiently on task and driven to ensure compliance or underestimates the needs of the project, the project may go over-budget and over time. Due to changes in the organization's leadership "priorities could change in the middle of the project, rendering some objectives moot and elevating previously discarded concerns" (Melbye 2013: 9). Failure of third parties and contractors may result in delays or impingements of quality. The IT department may not adequately support project needs with appropriate computer software, causing delays.

A contract can mitigate risk by a "narrative description of the deliverable and a sample format;" specifying….

Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations.
Thus, a manager could attempt to work within the limitations of the contract to avoid even having to go to litigation within the constraints of contract disputes. With negotiation, rather than litigation, the manager can potentially succeed in minimizing liabilities and therefore financially benefit from the maintaining of the contract itself. The manager can then "Maintain the contract in being and accept its validity, but object to and seek to negotiate further within the contractual framework, the actions, proposals, or interpretations of the other," (Marsh 98). Now, this is not….

Contract learning is a form of learning (and teaching) that involves the student or mentee far more than usual in the formulation of assignments and curriculum. The teacher and student work together to come up with a series of assignments that the student agrees to complete, thus tailoring the course to their specific needs while giving them more motivation to complete the assigned tasks. Like any (relatively) recent development in education, contract learning has its supporters and detractors, and is likely not useful in every situation. However, contract learning has been successfully deployed in the nursing field, because it allows nurses and nurses-in-training to organize their own learning regimens and tailor their experience to their own learning needs. By examining critical literature regarding the function and success of contract learning, especially as it relates to nursing, it will become clear that contract learning is a highly effective form of learning….


Kidnapping, extortion and detention are real dangers for businesses that operate both overseas and in domestic markets. Top management of these firms often overlooks these things by saying that it will never happen to us. They seem to not understand how much damage it can do to a business. "With more than 1,000 annual kidnappings of business professionals and executives all around the world and number of terrorist's attacks, such policies is an absolute necessity in the eye of life and health insurance professionals who travels internationally" (Gordon, 2009). Kidnap and ansom insurance policies give a cushion to a business with regard to independent investigations, collaborations, arrangement and delivery of funds, and number of other services pivotal to a safe, speedy and satisfactory resolution. Any business of any size can be a target for extortion threats against them or their employees. People are inclined to think business extortion and kidnapping….

Contract Simulation and Management Simulation
Memo: Chief Executive of Span Corporation

Re: C-S Negotiations

Situational Overview

At present, Span is in negotiations with the C-S Corporation to determine the particulars of a joint venture between the two organizations. Negotiations have come to an impasse because of what is perceived as C-S's stalling techniques, designed to extract further concessions from Span. C-S has been continually changing the originally defined requirements of the negotiations.

What should Span do when C-S continually adds to or changes their original contract requirements?

One way to cope with this frustrating situation, however, is to view this volatile period of negotiations as a potential plus rather than a minus. Now, it is time for both organizations to take stock, then to come back to the negotiating table with more clearly defined objectives, deploying the current conflict in a positive fashion, with an eye to achieving a final and collective agreement. To make such….

Contract
Agreement

Owners Names: George and Marilyn Comes Phone [HIDDEN]

Job Location: 123 Mockingbird Lane

Anywhere, USA

oof repair

Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and equipment to complete the entire tear off, repair and replacement of the roof located at the above stated location in accordance with the plans and specifications attached to this agreement. All materials, finishes, and labor provided herein shall be equal to or superior to those typically used in the roofing industry unless otherwise noted. Work provided by CHI includes, but is not limited to: the complete tear off of the existing roof, repair and/or replacement of existing subfloor, installation of new sub-roof, and replacement of all shingles. All work will be performed in accordance with industry standards and local building codes. CHI accepts no responsibility for any defect in the existing structure that is not covered by our work. All changes….

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.
D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION. Any controversy or….

A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.

Specific measures managers may take to minimize legal risk or realize legal opportunities.

Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS might be….

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.

Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as restitutionary….

Contracts and Procurement Project Proposal
The North Bristol NHS trust is building the Southmead Integrated Community Hospital. The hospital will have maternity and neonatal facilities, a breast care center, and clinical research teams. The hospital will be the new acute and integrated community hospital in the North Bristol area. It will be housed in the Brunel building which will be the regional center for neurosurgery, orthopedics, renal, plastics, burns, and accident and emergency center. For this project to be successful, careful strategies must be implemented in procurement of goods and services for the building project.

The Southmead Integrated Community Hospital project does not have clear procurement policies and procedures. Though the North Bristol NHS Trust has its own procurement policies and procedures, which may be applicable to this project, many of these have been found to be ineffective as a result of the tight deadlines for the project. The Brunel Building is….

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3 Pages
Term Paper

Business

Contracting Process and Negotiating

Words: 1031
Length: 3 Pages
Type: Term Paper

Contracting An effective consulting contract is one that clearly stipulates the scope and deliverables of the project. Both the client and the consultant must have a detailed understanding of…

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3 Pages
White Paper

Military

Establish Required Contracting Policies

Words: 861
Length: 3 Pages
Type: White Paper

Contracting Policies Established equired Contracting Policies Organization Establish equired Contracting Policies Following is a white paper report regarding three specific steps in the contingency contracting process. This report will use the DoD accepted…

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4 Pages
Essay

Business

Contract Dispute Contract Is a Mutual Agreement

Words: 1258
Length: 4 Pages
Type: Essay

Contract Dispute Contract is a mutual agreement between at least two persons or parties, aimed at achieving a certain business goal. A contract can be oral or written, although, over…

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6 Pages
Essay

Business

Contract Proposal This Paragraph Serves as the

Words: 1789
Length: 6 Pages
Type: Essay

Contract Proposal This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and…

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3 Pages
Essay

Business - Law

Contracts and Fraud Contracts Are One of

Words: 1110
Length: 3 Pages
Type: Essay

Contracts and Fraud Contracts are one of the cornerstones of our modern legal system. They are necessary to conduct reliable economic transactions between individuals. When people make a formal agreement…

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2 Pages
Essay

Business - Management

Contract Risk

Words: 681
Length: 2 Pages
Type: Essay

Contracts involve risks. How could these risks be mitigated? Be sure to explain which role (or roles) on the project team within the performing organisation are responsible for identifying…

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4 Pages
Thesis

Business - Law

Contract Disputes and the Benefits

Words: 1159
Length: 4 Pages
Type: Thesis

Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position…

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8 Pages
Essay

Teaching

Contract Learning Is a Form of Learning

Words: 2143
Length: 8 Pages
Type: Essay

Contract learning is a form of learning (and teaching) that involves the student or mentee far more than usual in the formulation of assignments and curriculum. The teacher and…

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7 Pages
Essay

Business

Contract Issues in Proof of

Words: 2353
Length: 7 Pages
Type: Essay

Kidnapping, extortion and detention are real dangers for businesses that operate both overseas and in domestic markets. Top management of these firms often overlooks these things by saying that…

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3 Pages
Term Paper

Business

Contract Creation and Management Simulation

Words: 854
Length: 3 Pages
Type: Term Paper

Contract Simulation and Management Simulation Memo: Chief Executive of Span Corporation Re: C-S Negotiations Situational Overview At present, Span is in negotiations with the C-S Corporation to determine the particulars of a joint…

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2 Pages
Essay

Architecture

Contract Agreement Owners Names George and Marilyn

Words: 711
Length: 2 Pages
Type: Essay

Contract Agreement Owners Names: George and Marilyn Comes Phone [HIDDEN] Job Location: 123 Mockingbird Lane Anywhere, USA oof repair Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and…

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4 Pages
A-Level Coursework

Business

Contract Procurement Noncomete and Nondisclosure

Words: 1160
Length: 4 Pages
Type: A-Level Coursework

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it…

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4 Pages
Thesis

Economics

Contract Dispute and Renegotiation Between

Words: 1271
Length: 4 Pages
Type: Thesis

A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media. Retaining a strong relationship…

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10 Pages
Essay

Business - Law

Contracts Chapter 1 Introduces the

Words: 2886
Length: 10 Pages
Type: Essay

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by.…

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2 Pages
Term Paper

Healthcare

Contracts and Procurement Project Proposal

Words: 587
Length: 2 Pages
Type: Term Paper

Contracts and Procurement Project Proposal The North Bristol NHS trust is building the Southmead Integrated Community Hospital. The hospital will have maternity and neonatal facilities, a breast care center, and…

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