Filter By:

Sort By:

Reset Filters

Contracting Process Essays (Examples)

Having trouble coming up with an Essay Title?

Use our essay title generator to get ideas and recommendations instantly

Establish Required Contracting Policies
Words: 861 Length: 3 Pages Document Type: White Paper Paper #: 49262636
Read Full 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 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…

References

Defense Procurement and Acquisition Policy (DPAP). (2011). Contingency contracting fact sheet. Retrieved January 25, 2011 from  http://www.acq.osd.mil/dpap/contingency/reports/additional-resources/ar - ContingencyContractingfactsheet1-20060911.pdf

Department of Defense (DoD). (2010). Contingency contracting (CON 234). Retrieved January 24, 2011 from http://www.dau.mil/registrar/pre- courses/CON%20234%20Pre-Course%20Materials.pdf

GAO. (2010). Contingency contracting: Improvements needed in management of contractors and grant administration in Iraq and Afghanistan. Highlights of GAO. Retrieved January 25, 2011 from  http://www.gao.gov/new.items/d10357.pdf 

Long, W. (2010). Joint contingency contracting: A step forward. Defense AT&L. 10-14.

Contract Dispute Contract Is a Mutual Agreement
Words: 1258 Length: 4 Pages Document Type: Essay Paper #: 96670021
Read Full Paper  ❯

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…

References

Bower, G. a. (1998). Basic Behavioural Science. London: DIANE Publishers.

Publictions, W.B. (2008). Public Expenditure Management and Financial Accountability Review. New York: World Bank Publications.

Stalcup, G. (1999). Judgement Fund. London: DIANE publishers.

Contract Proposal This Paragraph Serves as the
Words: 1789 Length: 6 Pages Document Type: Essay Paper #: 81942286
Read Full Paper  ❯

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…

References

DoD. (2013, August 18). United States Department of Defense (defense.gov). United States Department of Defense (defense.gov). Retrieved August 18, 2013, from  http://www.defense.gov/ 

E-Verify. (2013, August 18). USCIS - E-Verify. USCIS Home Page. Retrieved August

18, 2013, from  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b 

9 ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110Vgn VCM100000

Contracts and Fraud Contracts Are One of
Words: 1110 Length: 3 Pages Document Type: Essay Paper #: 43899555
Read Full Paper  ❯

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…

References

Election of remedy. (2013). U.S. Legal. Retrieved:

 http://definitions.uslegal.com/e/election-of-remedy/ 

Fitzpatrick, D. (2013). Unenforceable contracts: What to watch out for. Nolo. Retrieved:

 http://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html

Contract Risk
Words: 681 Length: 2 Pages Document Type: Essay Paper #: 88083628
Read Full Paper  ❯

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…

References

Melbye, D. 2013. Mitigating risks in IT contracts. Available:

 http://www.gfoa.org/downloads/GFOAGFRdec12MitigatingRiskinITContracts.pdf 

[5 Dec 2013]

Contract Disputes and the Benefits
Words: 1159 Length: 4 Pages Document Type: Thesis Paper #: 10549462
Read Full Paper  ❯

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…

References

University of Phoenix. "Legal Environment of Business." Simulation.

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.

Marsh, P.D.V. (2001). Contract Negotiation Handbook. 3rd ed. Gower Publishing Company.

Contract Learning Is a Form of Learning
Words: 2143 Length: 8 Pages Document Type: Essay Paper #: 52382851
Read Full Paper  ❯

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…

References

Hiller, T.B. & Hietapelto, A.B. (2001), "Contract grading: Encouraging commitment to the learning process through voice in the evaluation process," Journal of Management

Education, vol. 25, no. 6, pp. 660.

Kafel, K.W. (2007), "A Nuts-and-Bolts Approach to Teaching Nursing," The Journal of Continuing Education in Nursing, vol. 38, no. 4, pp. 191.

Schrader, V. & Davis, S. (2008), "Opinions of Adult Learners About Negotiating Syllabi Rules

Contract Issues in Proof of
Words: 2353 Length: 7 Pages Document Type: Essay Paper #: 84999897
Read Full Paper  ❯



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…

References

Eisenberg, Melvin a. (2002). Contracts. Chicago: Thompson.

Gilbert's Law Dictionary. (1997). Chicago: Harcourt Brace.

Gilroy, Tony and Hackford, Taylor. (2000). Proof of Life. United States: Castle Rock

Entertainment.

Contract Creation and Management Simulation
Words: 854 Length: 3 Pages Document Type: Term Paper Paper #: 34273240
Read Full 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 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…

Contract Agreement Owners Names George and Marilyn
Words: 711 Length: 2 Pages Document Type: Essay Paper #: 19963156
Read Full Paper  ❯

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…

References

Cheung, S.O.; Wong, W.K.; Yiu, T.W.; Kwok, T.W.; (2008) Exploring the influence of contract governance on construction dispute negotiation, Journal of Professional Issues in Engineering Education and Practice, Vol. 134, Issue 4, pp. 391-398

Contract Procurement Noncomete and Nondisclosure
Words: 1160 Length: 4 Pages Document Type: A-Level Coursework Paper #: 79280413
Read Full Paper  ❯

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.…

Contract Dispute and Renegotiation Between
Words: 1271 Length: 4 Pages Document Type: Thesis Paper #: 80683386
Read Full Paper  ❯

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…

Contracts Chapter 1 Introduces the
Words: 2886 Length: 10 Pages Document Type: Essay Paper #: 40571875
Read Full Paper  ❯

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…

Contracts and Procurement Project Proposal
Words: 587 Length: 2 Pages Document Type: Term Paper Paper #: 40369648
Read Full 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 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…

References

 http://www.nbt.nhs.uk/newhospitalNORTH  BRISTOL NHS TRUST. 2013. Southmead Hospital Bristol [Online]. Available: [Accessed January 1st 2014].

RUSSILL, R. 2010. A Short Guide to Procurement Risk, Farnham, UK, Gower.

Financial Contracting for New Venture Investments in
Words: 1706 Length: 5 Pages Document Type: Essay Paper #: 32383500
Read Full Paper  ❯

Financial Contracting for New Venture:

Investments in a new venture usually involve financial contracts between the entrepreneur and external investors. These external investors include venture capitalists, angel financiers, banks, private financing companies, and credits unions among others. Notably, financial contracts can have positive and negative effects on the new venture. For instance, an angel financier can add a clause on the financial contract that will not permit the entrepreneur to borrow more funds without permission from the lender. While this is likely to occur when the lending institution has a mortgage or lean on the venture's property, the clause is usually added to lessen foreclosure risk. As an individual seeking to venture in a clothing business for the Mixed Martial Arts customers to provide shirts, hoodies/fleeces, and hats, it is important to choose the most appropriate type of financial contracting with the external investor. This process of selecting the most…

References:

Anderson, C. (2013, January 25). 8 Things You Need to Know About Starting A Fashion

Business. The Huffington Post. Retrieved January 10, 2014, from  http://www.huffingtonpost.com/2013/01/24/starting-a-fashion-business_n_2534518.html 

de Bettignies, J. (2008, January). Financing the Entrepreneurial Venture. Management Science,

54(1), 151-166. Retrieved January 10, 2014, from  http://web.business.queensu.ca/faculty/jdebettignies/docs/EntrepFinPrintedVersion.pdf

Performance-Based Contracting Since Federal Contracting Began the
Words: 577 Length: 2 Pages Document Type: Essay Paper #: 26760217
Read Full Paper  ❯

Performance-Based Contracting

Since federal contracting began, the federal government has continuously sought ways to manage and more efficiently execute the contracting process. The enduring goal is to achieve maximum effectiveness and ensuring the desired contract outcomes are reached by the contracted party. One tool to achieve this end is the Performance-Based Contract introduced in the early 1990's as a child of Performance Based Acquisition (PBA). This paper will discuss the history of Performance-Based Contracting as well as the benefits, goals and outcomes of this relatively new and innovative contracting initiative.

History of Performance-Based Contracts

Performance-Based Contracts stemmed from reforms made in 1993-1994 as a result of the President's Management Agenda. The President's Management Agenda gave birth to the Government Performance and Results of Act of 1993 as well as the Federal Acquisition Streamlining Act of 1994. Performance-Based Acquisition (PBA) is the materialization of the reforms mandated in the above mentioned…

Works Cited

Daly, Donna, Jennifer Tucker-Tatlow, and Carrie Gibson. "Innovations in Performance-Based Contracting." Southern Area Consortium of Human Services. N.p., n.d. Web. 10 Feb. 2012. < heacademy.sdsu.edu/Documents/InnovationPBCReport9-14-04.pdf>.

"PBA - Overview." Installation Management E-Time Page. N.p., n.d. Web. 9 Feb. 2012. .

RFP Process Review of Request for Proposal
Words: 627 Length: 2 Pages Document Type: Essay Paper #: 77131660
Read Full Paper  ❯

RFP Process Review of Request for Proposal

The objective of this study is to review a sample request for proposal for implementation assistance and training support. Specifically the Department of Homeland Security (DHS) is accepting proposals from firms that support Evergreen, an open source software. DHS seeks assistance in training staff, and providing support to staff responsible for planning and implementing the launch of Evergreen as an integrated research system. The services to be performed include assisting the DHS in making changes that bring to use of electronic circulation of an online catalog and technical support services and to provide recommendations to DHS for hardware procurement and firewall procurement. Included will be: (1) Scope of Work and Cost Proposal: Complete responses for each item in Services to be Performed; and (2) Relevant Experience: Detail your firm's experience in providing Evergreen installation services, as well as Evergreen support services.

The id…

Bibliography

Edwards, VJ (2003) Competitive Processes in Government Contracting: The FAR Part 15 Process Model and Process Inefficiency. Competition in Government Contracting. Dell Computer Corporation.

Goldstein, JM and Prieto, VL (2000) Nova Law Review. A SURVEY OF FLORIDA'S RECENT DISTRICT COURT OF APPEAL AND ADMINISTRATIVE DECISIONS INVOLVING BID PROTESTS: CHALLENGING THE GOVERNMENT'S CONDUCT. Surveys of Florida Law. Fall. 2000.

Plan for Contracting
Words: 1031 Length: 3 Pages Document Type: Term Paper Paper #: 74854333
Read Full 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 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…

References

Biggs, D. (2010). Management consulting: a guide for students. Boston: Cengage Learning.

Block, P. (2011). Flawless consulting: a guide to getting your expertise used. 3rd ed. San Francisco: Pfeiffer.

Gray, D. (2004). Start and run a profitable consulting business. London: Kogan Page.

Contracts and Performance-Based Acquisition a Contract Is
Words: 1554 Length: 5 Pages Document Type: Essay Paper #: 35279465
Read Full Paper  ❯

Contracts and Performance-Based Acquisition

A contract is a planned and legal agreement made between two or more parties with intent. It could be oral or written and may involve business individuals, employers and employees, or tenants and land lords. elations built through contracts emerge from offers given, reception, intentions, considerations and genuine consent, and legal agreement from which the contract began. Every person involved in a contract gains responsibilities and rights similar to those of other individuals in the contract. Legally, all parties benefit equally from the contract, meaning all members are entitled to equal rights whatsoever. While contracts remain enforceable whether they are spoken or written, a written contract ensures legal security to all parties involved. This is because a spoken contract will only depend on the loyalty of people involved but with not future reference whatsoever. A written contract on the other hand will have recorded details on…

References

CCH Incorporated. (2007). Government contracts reference book; New York: CCH Incorporated,

C. Ralph. (2012). Intellectual property in government contracts: 2012 statutory and regulatory supplement. New York: Wolters Kluwer Law & Business Publications

C. Terrence. (2007). Understanding government contract law. New York: Management Concepts Publishing

F. Steven. (2011). Feldman and Keyes' government contracts in a nutshell, 5th (West Nutshell Series). Minnesota: West Publications

Contract Elance Has a Services Agreement Which
Words: 1788 Length: 5 Pages Document Type: Research Paper Paper #: 29438732
Read Full Paper  ❯

Contract:

Elance has a Services Agreement, which acts as part of company's Member Contract between Client and Provider. The agreement is considered effective after a client awards and provider accepts a job on the firm's website. In this case, the Member Contract is implemented once the client agrees to purchase and the provider agrees to deliver a job on the site. In order to ensure the suitability of the Member Contract, the Service Agreement is based on the company's conditions, terms, rules, guidelines, and policies that include the organization's terms of service. Notably, the client is responsible for managing, accepting, evaluating, and making payments for suitable Provider Services based on the Member Contract in an apt and professional way. One the contrary, the Provider is responsible for the quality and performance of Client Services based on the Member Contract in a professional and timely manner. This Services Agreement or Member…

References:

"Hypothetical Case Scenarios -- Procurement, Patient Choice and Competition Regulations."

(2013, May 20). Monitor. Retrieved October 4, 2013, from  http://www.monitor-nhsft.gov.uk/sites/default/files/publications/ToPublishIllustrativeCaseStudies20May2013.pdf 

Mack, D.J. (2011, October). Basics of U.S. Contract Law. Retrieved October 4, 2013, from  http://www.ieee.org/membership_services/membership/discounts/us_contracts_basics.ppt 

"Services Agreement between Client and Provider." (2010). Elance. Retrieved October 5, 2013,

Contract for Sale Must Be Made and
Words: 590 Length: 2 Pages Document Type: Essay Paper #: 38379882
Read Full Paper  ❯

contract for sale must be made and signed by bot parties or by parties' autorized agent. All details must be clearly and specifically stated. Te contract must also satisfy all details of subsection and satisfies requirement unless recipient gives notice of complaint witin 10 days of signing contract. All tese contracts refer to goods of $5,000 or more.

A contract wic even toug it does not satisfy te details of subsection, may still be enforceable if:

buyer as specifically requested goods tat are custom-made just for im and would not be suitable for anoter if te party against wic claim for enforcement was made admits tat te original contract was enforceable but tat e sees no grounds for enforceability under tis or oter paragrap contract is also enforceable in regards to goods tat ave been paid for, accepted, and used.

Contracts may become unenforceable if not carried out witin te…

http://www2.gsu.edu/~rmipzb/contracts.htm

UNIFORM COMMERCIAL CODE - ARTICLE 2

 http://www.law.cornell.edu/ucc/2/overview.html

Contracts Elements Needed in Order for a
Words: 748 Length: 2 Pages Document Type: Essay Paper #: 39611058
Read Full Paper  ❯

Contracts

Elements needed in order for a contract to be formed

The essential aspects of contract that make it legally binding contract are; there must be an offer and acceptance in that the offer by one party is accepted by another party. Intention to create a legal relation, the contract will not be valid only on the basis of only there being an agreement, but also on the intention to getting into the legal agreement. There other element is consideration which refers to the price paid by the one party for the promise of the other party. Legal capacity is yet another element in forming a contract, those with mental impairment, minors, bankrupts, corporations and prisoners are not able to get considered as having legal capacity to get into a contract (Fitzroy Legal Services, 2012).

Conditions for an offer to be valid/legal sufficiency

There however are situations where a contract…

References

Erick Goldman, (2003). Notes on Contract remedies. Retrieved May 26, 2013 from  http://www.ericgoldman.org/Courses/contracts/contractremedies.htm 

Fitzroy Legal Services, (2012). Elements of Contract. Retrieved May 26, 2013 from  http://www.lawhandbook.org.au/handbook/ch12s01s02.php 

The 'Lectric Law Library. (2013).Agent. Retrieved May 26, 2013 from  http://www.lectlaw.com/def/a026.htm 

US Legal, (2010). Breach of Contract: Defenses. Retrieved May 26, 2013 from  http://contracts.uslegal.com/breach-of-contract-defenses/

Contracts Outsourced Software Project Specifications The Best
Words: 642 Length: 2 Pages Document Type: Essay Paper #: 56883260
Read Full Paper  ❯

Contracts

Outsourced Software

Project specifications: The best type of contract to use

The standard contract used in most software development is that of a procurement order. A procurement order is a standardized document, usually for routine agreements (Sollish & Semanik 2007: 83). However, it would not be suitable for a software development project which is likely to be extremely volatile, given that a procurement order specifies in concrete terms precisely the prices, deliverables, and all needed instructions of the project (Sollish & Semanik 2007: 83). In this instance, a procurement order would be unsuitable given that specifications and requirements may change drastically throughout the project life cycle (Sollish & Semanik 2007: 83-84).

ut another option is using requirements contracts or indefinite delivery contracts which locks in pricing and lead times and mandates the signer's commitment to purchase all of the project's requirements before the fact, even though specific amounts and…

Bibliography

Cost reimbursement. 2013. acquisition.gov. Available:

 http://www.acquisition.gov/far/html/Subpart%2016_3.html  [6 Jun 2013]

Sollish, F.B. & Semanik, J. 2007. The procurement and supply manager's desk reference. John Wiley & Sons, Inc.

Contracts Over the Last Several
Words: 1235 Length: 4 Pages Document Type: Term Paper Paper #: 93713202
Read Full Paper  ❯

These different elements are important, because they make it difficult for the federal government to adjustment to large scale projects. This is problematic, because it means that inevitable cost overruns and delays will occur (despite using these agreements to deal with these issues). (Carr, 2004)

Discuss which element(s) of cost-reimbursement contracts tend to produce the biggest troubles for contractors and why.

The biggest elements that are giving contractors the largest challenges with reimbursement agreements are the lack of flexibility they have. Like with the federal government, contractors have to work within the overall scope of the accord. During the course of various projects, this can often lead to cost overruns. The reason why, is because the contractor must issue new agreements to: cover additional costs or changes to the underlying work. Once this occurs, it means that it is only a matter of time until there will be delays and…

Bibliography

Federal Contract Awards. (2009). Fed Spending. Retrieved from:  http://www.fedspending.org/fpds/tables.php?tabtype=t1&rowtype=f&subtype=a&sorttype=tot 

Environmental Management. (2005). Department of Energy. Retrieved from:  http://www.em.doe.gov/PDFs/EMAB_Contract_Strategy_and_Mgmt_Presentation_092905.pdf 

Carr, A. (2004). Federal Contracts and Assistance Relationships. Public Law Research Institute. Retrieved from:  http://uchastings.edu/public-law/plri/spring95/basefund.html 

Manuel, K. (2010). Contract Types. Washington DC: U.S. Government Printing Office.

Contract Administration Plan
Words: 670 Length: 2 Pages Document Type: Essay Paper #: 75223909
Read Full Paper  ❯

devising a contract administration plan should include concise and clear direction. Focus or scope should be narrow and specific. Years of experience suggests the more focused one is on a subject, the more one can eliminate the unnecessary fluff, the better the product or outcome will be. People across various fields appreciate when a plan generates progress and that can be achieved through effective communication.

Perhaps that is why contract administraton planning, if done well, will affect a company's business in a positive way. As mentoned in a report by the Office of Federal Procurement Policy: "In contract administration, the focus is on obtaining supplies and services, of requisite quality, on time, and within budget. While the legal requirements of the contract are determinative of the proper course of action of government officials in administering a contract, the exercise of skill and judgment is often required in order to protect…

References

Luther, C. (n.d.). Preparing a Contract Administration Plan | Chron.com. Retrieved April 25, 2013, from  http://smallbusiness.chron.com/preparing-contract-administration-plan-40327.html 

OFFICE OF FEDERAL PROCUREMENT POLICY (OFPP) (1994, October). Best Practices for Contract Administration. Retrieved from  http://acquisition.gov/bestpractices/bestpcont.html

Contract Is a Legally Enforceable Promise That
Words: 2214 Length: 7 Pages Document Type: Essay Paper #: 33709781
Read Full Paper  ❯

contract is a legally enforceable promise that allows commerce to flow smoothly throughout society. ithout contracts, businesses and consumers would be embroiled in constant disputes with potential for fraud and frequent misunderstandings but the fact that contracts are available does not eliminate disputes and resulting litigation. The courts are full of cases involving transactions between parties that have been formalized by the existence of a contract but the existence of a contract, or what the parties believed was a contract, does not ensure that matters will progress without problems.

Although contracts are in their simplest form promises there are elements that must be contained in contracts that distinguish them from simple promises. All contracts must contain: 1) an offer; 2) an acceptance; and 3) consideration. In a perfect world, every contract would have clearly identifiable offer, acceptance and consideration but in reality this is not always possible and the terms…

Works Cited

Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).

American Law Institute. (1981). Restatement (Second) of Contracts. Philadelphia: American Law Institute.

Balfour v. Balfour, 2 KB 571 (English Court of Appeal 1919).

Biotechnology Australia Pty Ltd. v. Pace, 15 NSWLR 130 (New South Wales Court of Appeal 1988).

Contract Has Been Signed With a Qualified
Words: 870 Length: 3 Pages Document Type: Essay Paper #: 54601860
Read Full Paper  ❯

contract has been signed with a qualified contractor for working on the firm's computer applications with the mutual understanding that the contractor or vendor would facilitate improved performance and reduced cost of the system. The type of contract reached was 'a time and material' one where it was important that the buyer be thoroughly assured of the contractors' integrity because of the constricted timeline involved and the assurance that the cost of the system would be reduced.

The problem came about when the contractor refused to divulge his baseline data to the buyer, who was seeking to ensure the credibility of the contractor. All of this was important because knowing the quality and success of materials used, the average amount of time that it took contractor to complete past products and the record of his success with past applications would give the buyer insight into how costs would be reduced…

Process Outline
Words: 1504 Length: 5 Pages Document Type: Chapter Paper #: 27254399
Read Full Paper  ❯

Decision-Making Process in Business Environment

The activity of decision-making may be defined as mental processes leading to the choosing of one alternative out of many.

All decision-making processes generate an ultimate choice.

Decision-making output may be a chosen view or action.

Broadly, decision-making represents a process of choosing between numerous alternatives and making a commitment to adopting some particular option for the future (Masood).

The Nature of Decision-Making

Successful decision-making, realizing where one has made the wrong choice, and being quick to respond to one's errors, forms a major component of corporate efficiency.

According to some scholars, decision-making constitutes the most elementary and salient of all the responsibilities of a manager.

The activity of decision-making relates most closely to the activity of planning.

But it also forms part of leadership, organization, and control (icaksana).

Decision-Making Process

Decision-making entails six steps:

a. Problem Identification

• Need for explicitly outlining the issue…

Works Cited

Wicaksana, Seta. Decision-Making. 2013. Web. 8 Sept. 2016.

Chapter 9. Managerial Decision-Making. 2009. Web. 8 Sept. 2016

Masood, Aima. Decision-Making Process. 2013. Web. 8 Sept. 2016.

Default Dispute Termination of Contract Default and
Words: 1716 Length: 6 Pages Document Type: Essay Paper #: 36362944
Read Full Paper  ❯

Default Dispute Termination of Contract

Default and Dispute (contract law)

In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contractor is a seller who is to deliver services and the government as the buyer pays for these services as agreed upon in the contract. However, situations arise where the agreements may be terminated in order to settle disputes that arise between the contracting agents and the contractor. Normally, the government may terminate the contract for default of the contractor or by convenience (Kathuria, 2009). Federal Acquisition egulations define termination for convenience as the exercise of the government's right to terminate a contract when it is in the government's interest

Termination for default

The government has a right to terminate a contract on a situation where the contractor does not meet the set contractual obligations (umbaugh,…

References

Kathuria, S. (2009). best practices for compliance with the new government contractor compliance and ethics rules under the federal acquisition regulation. Public Contract Law Journal.

Loulakis, M.C. (2003). Default Must Be Proven to Justify Termination. Civil Engineering (08857024), 73 (3), 96.

Nemet, G.F. (2010). Cost containment in climate policy and incentives for technology development. Climatic Change, 103 (3/4), 423-443. doi: 10.1007/s10584-009-9779-8

Robert, F. (2004). Construction law handbook. Gaithersburg [MD: Aspen Law & Business.

Federal Contracting Activities and Contract Types- Dell
Words: 1390 Length: 4 Pages Document Type: Essay Paper #: 35364712
Read Full Paper  ❯

Federal Contracting Activities and Contract Types-

Dell Inc.

Dell Inc. was founded by Michael Dell who ventured into business as a freshman at the University of Texas in Austin. He realized that the branded models of computers were expensive and not many could afford them. He ventured into the business of buying the computer parts which he assembled in clones of IBM computers and sold to the consumers directly through the mail. The computer market was already dominated by the big players in the market but against the odds Dell faced competition and emerged the best brand sold through the direct-mail market. Customers recognized the brand through his aggressive marketing and the quality of his computer products that earned him a bigger market share compared to the other little known companies. It became incorporated in 1984 where it has been the world's leading seller of computer systems.

Dell offers a…

References

Advameg, (2012).Dell Inc.-Company Profile, Information, Business Description, History,

Background Information on Dell inc. Retrieved June 8, 2012 from  http://www.referenceforbusiness.com/history2/68/Dell-Inc.html 

Nick Wakeman, (2010). Dell Wins $120 Million outsourcing pact with DHS. Retrieved June 8,

2012 from  http://washingtontechnology.com/articles/2010/04/14/dell-citizenship-contract-win.aspx

Federal Contracts Awarded to Boeing Company Boeing
Words: 1598 Length: 5 Pages Document Type: Essay Paper #: 42681577
Read Full Paper  ❯

Federal Contracts Awarded to Boeing Company:

Boeing Company is the largest aerospace company across the globe and the leading manufacturer of commercial defense and jetliners, space and security systems. In addition to being a top exporter in America, the Boeing Company supports airlines and the United States and allied customers in 150 nations worldwide. The company's position in the aerospace industry originates from its long tradition of aerospace innovation and leadership. Boeing continues to expand its product line and services in order to meet the emerging needs of its customers. Boeing's broad range of capabilities include developing new and more efficient members of its commercial airline family, developing advanced technology solutions, integrating military platforms, and organizing innovative customer-financing options.

History of Boeing Company:

Boeing Company has a history that stretches back to 1916 when the United States timber merchant, William E. Boeing, founded the aero products firm after he and…

References:

"About Us." (2012, January). Boeing Company. Retrieved September 6, 2012, from http://www.boeing.com/companyoffices/aboutus/brief.html

Capaccio, T. (2011, June 24). Boeing Projected to Face $300 Million Overrun on Tanker

Contract. Retrieved September 6, 2012, from  http://seattletimes.com/html/businesstechnology/2015420023_tanker25.html 

Dimascio, J. (2011, February 24). Boeing Gets $35 Billion Air Force Tanker Contract. Retrieved September 6, 2012, from  http://www.politico.com/news/stories/0211/50145.html

Gd Contract Federal Contacts Play a Very
Words: 1258 Length: 5 Pages Document Type: Essay Paper #: 81664550
Read Full Paper  ❯

GD Contract

Federal contacts play a very large and important role in the economic sectors of our society. Knowledge about these contracts can assist students in learning about the processes that occupy most of the nation's economic resources. Military spending provides the bulk of all federal government spending and most of this money is processed through contracts.

The purpose of this essay is to examine General Dynamics Corporation and give an account of a recent contract they were awarded. This essay will also investigate the type of contract of this discussion and explain some specific qualities of that particular type of contract.

The essay will also discuss some of the costs of this contract, both direct and indirect, to help contextualize the contract from the contractors point-of-view.

General Dynamics

General Dynamics is one of largest government contractors operating in today's business world. According to their website their corporate overview statement…

Works Cited

The Associated Press (2011). General Dynamics lands $286 million Army contract to produce Hydra-70 rockets in Arkansas. AP 27 June 2011. Retrieved from  http://www.al.com/42/index.ssf/2011/06/general_dynamics_lands_286_mil.html 

"Camden Operations." General Dynamic Fat Sheet. Approved for 2012. Retrieved from  http://www.gdatp.com/factsheets/F007_Camden%20Operations.pdf 

General Dynamics Press Release." General Dynamics Awarded $224 Million by U.S. Army for Hydra-70 Rocket Program. " 27 Feb 2013. Retrieved from  http://www.generaldynamics.com/news/press - releases/detail.cfm?customel_dataPageID_1811=18338

General Dynamics. Corporate Overview. Viewed 12 Mar 2013. Retrieved from  http://www.generaldynamics.com/about/corporate-overview/

Insurance Contracting Strategy
Words: 1077 Length: 3 Pages Document Type: Essay Paper #: 5393350
Read Full Paper  ❯

The other necessary element in this process is procedure cost vs. reimbursement evaluation and proactive search of strong reimbursement for future volume. Analysis of the first element is crucial because it helps in ensuring that reimbursement documented in existing contracts is being effectively recorded. The information obtained during this stage can be used at any time of renegotiations or contribute to the development of effective alternative approaches. The assessment of the second element helps to determine how insurance contracts compare and to ensure reimbursement expectations are established within competitive market ranges. The third element can be used for defense in validating the need for higher reimbursement than the current offer.

Second Students' esponse:

As the use of managed care plans have increased in the past few years, there is an increased need for appropriate insurance contracting strategy. The existing managed care plans are primarily based on demand management through co-payments.…

References:

Devers, K.J., Brewster, L.R. & Casalino, L.P. (2003, February). Changes in Hospital

Competitive Strategy: A New Medical Arms Race? Health Services Research, 38(1), 447-469. Retrieved from  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1360894/pdf/hesr_124.pdf 

Jones, C.L. & Mills, T.L. (2006, November-December). Negotiating a Contract with a Health

Plan, Family Practice Management, 13(10), 49-55. Retrieved from  http://www.aafp.org/fpm/2006/1100/p49.html

Federal Procurement Process Highly Publicized Incidents Such
Words: 1369 Length: 4 Pages Document Type: Essay Paper #: 36003860
Read Full Paper  ❯

Federal Procurement Process

Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion.

eview and Discussion

Legal Framework

At present, federal procurement contracts are governed by a number of…

References

Farazmand, A. (2001). Privatization or public enterprise reform? International case studies with implications for public management. Westport, CT: Greenwood.

Nou, J. (2009). Privatizing democracy: Promoting election integrity through procurement contracts. Yale Law Journal, 118(4), 744.

Sparks, H.C. & Wichmann, H. (2007). Help clients get government contracts: Quick, who is the biggest customer in the world? Journal of Accountancy, 203(3), 32-34.

Federal Contracting Give a Brief
Words: 1689 Length: 5 Pages Document Type: Research Paper Paper #: 2158641
Read Full Paper  ❯

Specialized labor is needed to produce a specialized product for the military. As such the cost of attracting and utilizing such talent can be very expensive to IBM.

IBM's indirect costs would consist of three aspects pertaining mainly to time, fraud and unexpected occurrences. The first indirect cost of time creates large expenses with IBM. The larger each individual employee takes to complete his task, the more expensive the services rendered by IBM become. This is because the contract has a set time frame. If the time frame for the contract is exceeded, IBM will incur a bulk to the expenses related to such inefficiencies. This could potentially reduce the overall return of the project. Fraud can also occur as employees could utilize technology or knowledge of the data centers to use for their own personal use. This could include selling the information to foreign entities or IBM's direct competitors.…

References:

1) Conway Lloyd Morgan and Chris Foges. (2004). Logos, Letterheads & Business Cards: Design for Profit. Rotovision. p. 15. ISBN 2-88046-750-0. http://books.google.com/?id=5zAW7RntiD8C&pg=PA15&lpg=PA15&dq=big+blue+ibm.

2) E. Garrison Walters. (2001). The Essential Guide to Computing: The Story of Information Technology. Publisher: Prentice Hall PTR. p. 55. ISBN 0-13-019469-7.  http://books.google.com/?id=AwrQsOW5SsQC&pg=PA55&lpg=PA55&dq=big+blue+ibm .

3) Emerson W. Pugh (1996). Building IBM: Shaping an Industry. MIT Press.

4) "History of IBM." IBM Archives:. IBM, n.d. Web. 08 June 2012. .

SMEs Internationalization Process
Words: 2546 Length: 9 Pages Document Type: Literature Review Paper #: 60010518
Read Full Paper  ❯

SMEs Internationalization Process

INTENATIONALIZATION MODELS

TADITIONAL MAKETING APPOACH

Uppsala model (the classical model)

NETWOK THEOY

ENTY MODES

EXPOT ENTY MODES

Direct Exports

Indirect exports

INTEMEDIATE ENTY MODES

LICENSING

Franchising

Joint venture

Hierarchical entry modes

INTENATIONALIZATION MODELS:

Traditional Marketing Approach:

An American born British economist, Edith Elura Penrose has described the traditional marketing approach in his exceptional work "The Theory of the Growth of the Firm." The writer has described how the firm grows and how effectively and efficiently it can grow at a faster pace. Penrose had participated in a research which reviewed the growth of the firms. After the through research she found out that the theory which existed at that time related to the growth of the firms was not sufficient enough to clarify the growth of the firms. The growth of the firm which is in theory is different from the practical circumstances that the firms have…

References

Root, Franklin R. (1994), Entry Strategies for International markets, John Wiley & Sons, Inc.

Yoshino, M.Y.; Rangan, U.S. (1995), Strategic alliances: an entrepreneurial approach to globalization, Harvard Business Press

Foley, J. (1999), The Global Entrepreneur: taking your business international Age, Dearborn,

Hoy, F.; Stanworth, J. (2003), Franchising: an international perspective, Routledge

Civil Service Process in Iowa
Words: 956 Length: 3 Pages Document Type: Term Paper Paper #: 19819435
Read Full Paper  ❯

Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).

The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…

References

Kotchegura, a. (2008) Civil Service Reform in Post-Communist Countries: Netherlands, Amsterdam University Press.

Bagley, P.D. (2007) the Everything Guide to Careers in Law Enforcement: A Complete Handbook: New York, Everything Books.

Cordner, G.W. & Scarborough, K.E. (2010) Police Administration: New York, Elsevier.

Richard, M.A., Emener, W.G. & Hutchison, W.S. Jr. (2009) Employee Assistance Programs: Wellness/Enhancement Programming: New York, Charles C. Thomas Publishers.

Diffusion Process Briefly Describe the Individuals Who
Words: 998 Length: 3 Pages Document Type: Case Study Paper #: 56565515
Read Full Paper  ❯

diffusion process? Briefly describe the individuals who make up each grou

The first stage of a diffusion process is the awareness stage. In this stage the consumer becomes aware or informed about the existence of a new innovation. However this group of individuals is only know about the existence of the idea such as a brand name but do not know any further details about the product or the idea. The second stage is of interest where an individual shows interest in knowing more about the idea and how will it be useful to him. In the evaluation stage the customer applies the idea mentally to his situation and evaluates as to what degree is the idea or the product useful to him. In the trial stage, the individuals use the idea or the product but only for experimental purposes. If the individuals are satisfied after using the product in…

References

Burke, M.A., Fournier, G.M., & Prasad, K. (2007). The Diffusion of a Medical Innovation: Is Success in the Stars?. Southern Economic Journal, 73(3), 588+. Retrieved March 22, 2012, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5019432466 

Doyle, P. & Bridgewater, S. (Eds.). (1998). Innovation in Marketing. Boston: Butterworth-Heinemann. Retrieved March 22, 2012, from Questia database:  http://www.questia.com/PM.qst?a=o&d=115344535 

Murray, C.E. (2009). Diffusion of Innovation Theory: A Bridge for the Research-Practice Gap in Counseling. Journal of Counseling and Development, 87(1), 108+. Retrieved March 22, 2012, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5033508939

Supply Chain Management
Words: 3264 Length: 12 Pages Document Type: Research Paper Paper #: 61277976
Read Full Paper  ❯

Contracting and Procurement in Supply Chain Management

Supply Chain Management 5960

This paper comprehensively describes the contracting and procurement function in the supply chain management of an organization. The paper starts with an introduction to the supply chain management and proceeds by discussing the importance of contracting and procurement function for an organization. The paper also describes the whole contracting and procurement process and highlights some risks and ethical issues associated with this function.

Contracting and procurement is the acquisition of raw material, goods, or services from external suppliers or vendors. It is one of the most important functions in the supply chain management of an organization. An effective and efficient contracting and procurement is vital in achieving success in the industry and satisfying the stakeholders through manufacturing capabilities. This paper comprehensively describes the contracting and procurement process which business organizations generally follow while purchasing raw material for their business.…

References

Arlbjorn, S. (2010). Supply chain management: sources for competitive advantages, 1st edition. A-rhus: Academica.

Bower, D. (2003). Management of procurement, 1st edition. London: Thomas Telford.

Coyle, J.J. (2009). Supply chain management: a logistics perspective, 8th edition. Mason, OH: South-Western Cengage Learning.

Ivanov, D. & Sokolov, B.V. (2010). Adaptive supply chain management, 1st edition. New York: Springer.

Csow Contract Statement of Work
Words: 1936 Length: 4 Pages Document Type: Business Proposal Paper #: 84992471
Read Full Paper  ❯

Failure to complete a contract in the required time will allow the Provider to forfeit any further contracting potential for a period of at least one year from the signing date of the contract.

10.4

Penalties and Bonuses

No penalties or bonuses will apply to this project

11.

LICENSES, PERMITS & INSURANCE

The Provider will carry at least $1 million dollars in general insurance to cover their equipment, personnel, and any damage to the facility that is caused by the provider. They will also carry and additional errors and omissions rider for project. The contractor will carry any additional insurance required by the facility. These certificates will be provided to the facility as part of the contract approval process and will provided by the initial signing date of the contract.

11,1

Exclusions

Any damages that occurred to the Provider's equipment will be excluded from insurance required by the facility as…

Gilbert's Summaries Contracts the Law
Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030
Read Full Paper  ❯

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…

Duties of the Senior Contracting
Words: 720 Length: 3 Pages Document Type: White Paper Paper #: 9047343
Read Full Paper  ❯

In addition, the SCO is also responsible for coordinating inter-command agreements that set forth the details of contracting support relationships between United States armed forces and coordinating operational plans or requirements that originate with the Joint Staff as well as the provision of host nation support, status of forces agreement, assistance in kind agreements, or any treaties for Contingency Contracting Officer review (Contracting Officer's Authority, 2011).

This final responsibility also requires a high level of expertise and experience in the relevant field. For example, Bianca reports that, "Senior level contracting requires more knowledge of the impact of business trends and new laws on an organization. The contracting function, under the supervision of a senior contracting officer, must help the organization achieve its strategic goals" (2010, p. 2). With respect to the coordination of joint contracting operations, Bianca adds that, "A senior contracting officer may resolve issues and disputes, terminate or…

References

Bianca, a. (2010, June 28). The duties of a contracting officer. eHow. Retrieved from http://

www.ehow.com/list_6676695_duties-contracting-officer.html.

Contracting Officer's Authority. (2011). Defense Procurement and Acquisition Policy. Retrieved from  http://www.acq.osd.mil/dpap/ccap/cc/jcchb/chap_2.html .

Appendix a

Demetrius Jackson Current State Contract
Words: 601 Length: 2 Pages Document Type: Term Paper Paper #: 29683440
Read Full Paper  ❯



Alternative B -- Implement a Contracts Procurment Requisition Pre-Approval Process -- This would eliminate ERP system errors created by utilizing incorrect information and shortening the time to execute a contract modification.

Alternative C - Implement a shared drive system utilizing the local network to track funding actions by contract. This effort would create a filing system housed completely on the LAN. Specialists would save their funding action files on the network using a predetermined organized format, as well as a universal naming system for different document types. This would eliminate ERP system errors and shorten time to execute contract modifications.

Criteria

Performance -- measured by capabilities and overall effect on the ability of the contracting department to fulfill its mission (50% weight)

Cost -- Monetary cost to command (25% weight)

Sustainability -- Long-term implications and future viability, effect on moral, success of solution (25% weight)

Criteria / Alternatives

Performance

Cost…

Misrepresentations in Contracts an Examination
Words: 1636 Length: 5 Pages Document Type: Term Paper Paper #: 792334
Read Full Paper  ❯

For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses as a result of the mistake, they may recover such costs or expenses as part of completing their obligations under such contract (p. 117).

Conclusion

The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In…

References

Ayres & Gertner Filling Gaps in Incomplete Contracts, supra note 8, at 97 in Katz, p. 1251.

Beatson, Jack E. And Daniel E. Friedmann (Eds.). 1997. Good Faith and Fault in Contract Law. Oxford: Clarendon Press.

Black's Law Dictionary. 1990. St. Paul, MN: West Publishing Co.

Buckley, F.H. (Ed.). 1999. The Fall and Rise of Freedom of Contract. Durham, NC: Duke University Press.

Federal Contract There Are Two Basic Methods
Words: 668 Length: 2 Pages Document Type: Essay Paper #: 68746296
Read Full Paper  ❯

Federal Contract

There are two basic methods for providing goods and services to the federal government. One is through existing and required sources of supply where the other is an open market acquisition using simplified acquisition techniques or formal contracting methods (14 FAH-2 H-200 Acquisition asics, 2011). The simplified acquisition method falls into the threshold of $3,000 to $150,000 category and is done with procedures such as, imprest fund, purchase card, purchase orders, or blanket-purchase agreements. They follow the procedural guidelines of the Federal Acquisition Regulation Part 13 (FAR13).

When a contract, like $500,000, exceeds the threshold, the sealed bidding or negotiation methods must be used. The Sealed idding Process (IF) is characterized by competitive bids that are sealed by the respective vendors, only opened by government officials in a public ceremony, and awarded to the lowest-price acceptable bidder. Sealed bids are considered when time permits the solicitation, submission and…

Bibliography

14 FAH-2 H-200 Acquisition Basics. (2011, June 06). Retrieved from U.S. Department of State Foreign Affairs:  http://www.state.gov/documents/organizations/89066.pdf 

Contract Administration Issues. (2011, May 16). Retrieved from Victorian Government Health Information: http://www.capital.dhs.vic.gov.au/capdev/ProjectDelivery/Construction/ContractAdministration/ContractAdministrationIssues/

Subpart 15.2-Solicitation and Receipt of Porposals and Information. (n.d.). Retrieved from U.S. Government:  http://www.acquisition.gov/for/current/html/Subpart%2015_2.html

Project Leader Personal Learning Contract Learning Within
Words: 4101 Length: 13 Pages Document Type: Essay Paper #: 68936965
Read Full Paper  ❯

Project Leader

Personal Learning Contract

Learning within organizations is vital to success. It is the lifeblood that grows and sustains human capital (Bassi & McMurrer, 2004; Noe, 2008; Senge, 1990) through human resource development (HD) and the management of technology which, according to Thamhain (2001), is the key to competitiveness and wealth creation.

In this essay the researcher attempts to explore the challenges he will be facing as a leader and the competencies he will need to handle these challenges. The essay is divided into two parts. Part-I reflects the challenges, difficulties, scope and required competencies to be leader in the organization and how the writer will develop himself to fulfill the requirements of the role. While in Part-II the author has stated how to keep balance among personal and professional life.

Part-I

Contract Title: What I want to work on. The leadership contribution and capability I want to build.…

References

Argyris, C. (1992). On organizational learning. Boston, MA: Blackwell.

Axson, D. (2007). Best practices in planning and performance measurement: From data to decisions. Hoboken, NJ: John Wiley.

Bassi, L., & McMurrer, D. (2004). What to do when people are your most important asset. Golden, CO: McBassi & Company.

Besner, C., & Hobbs, B. (2008). Project management practice, generic or contextual: A reality check. Project Management Journal, 39(1), 16-33.

Parties Have a Contract The Parties Had
Words: 1540 Length: 5 Pages Document Type: Essay Paper #: 40585019
Read Full Paper  ❯

parties have a contract?

The parties had a contract from the moment they agreed to the deal verbally. This is easy to prove, as X received an email from them stating their acceptance of the terms and conditions. In it, they agreed with the fax he sent them in principle. This is illustrating how there was a contract in place, based upon the email communication indicating that Company will follow the different provisions. These factors are demonstrating how X can go to court, present this information and demonstrate this relationship between the two parties. (Blond, 2007) (Le oy, 2009)

What facts may weigh in favor or against X in terms of the parties objective intent to contract?

The specific factors that will weigh in favor of X are: the email communications and the agreement he faxed to Company A. These variables will bolster his case and show how there was…

References

Block, G. (2004). Legal Writing Advice. Buffalo, NY: William Hein.

Blond, N. (2007). Contracts. New York, NY: Aspen Publishers.

Gale, M. (2004). Legal Remedies. New York, NY: Author House.

Hudson, L. (2005). Equity and Trusts. London: The Glass House.

Controversy Surrounding Healthcare Contract Workers
Words: 1764 Length: 5 Pages Document Type: Research Paper Paper #: 47612566
Read Full Paper  ❯

Healthcare Contact Workers

Controversy of Healthcare Contract Workers

Contract Workers

enefits of Hiring Contract Workers for Healthcare

Drawbacks of Hiring Contract Workers

Lack of Loyalty and Motivation

Wasted Training

Inconsistencies

Collaboration Issues

Safety Issues

Reliability

Healthcare Contract Workers

Controversy Surrounding Healthcare Contract Workers

This paper is designed to analyze the role of healthcare contract workers. This paper discusses the reasons of being hired by different companies. The advantages that a company has by appointing temporary employees are also highlighted. As every aspect has two sides, therefore disadvantages are also discussed. There are many controversies that temporary employees have to face while working in any company. Companies believe that there resources might be wasted if they invested more in temporary employees hence they have to survive on their own. They face reliability issues and permanent employees do not trust them a lot. This paper gives an overall analysis on the difficulties…

Bibliography

Dawe, T. (n.d.). What are the Disadvantages of Hiring Temporary Workers?

Erickson, T. (2012, September 7). Harvard Business Review. The Rise of the New Contract Worker.

Hutton, S. (2011, July 25). Advantages of Hiring Contract Employees. Solutions to controlling Employee Costs in Unpredictable Economic Times.

Schaefer, P. (2005). Business Know- how. The Pros and Cons of Hiring Temporary Employees.

Regulatory P Rovisions Far and Contract Performance
Words: 2220 Length: 7 Pages Document Type: Essay Paper #: 12407046
Read Full Paper  ❯

egulatory P

OVISIONS (FA) AND CONTACT

PEFOMANCE

EGULATOY POVISIONS (FA) AND CONTACT PEFOMANCE

A contract involves a deal that is signed between two or more parties and which is bound to certain terms and conditions that must be met by the parties involved. W3hen talking of contract performance, one seeks to examine whether in the real sense, the parties which were involved in the contract acted in under the guidance of the contract terms. Has the deal been successfully achieved to give out the required results? This is the core of evaluating contract performance. Its main aim is to identify every party's response to the terms that bound the contract. It involves a bargain before signing of the contract under the discretion of its bound terms, which the parties must read and understand. For the contract to be closed, the parties involved must live fulfill the terms stipulated by the…

References

Buckley, F. (A theory of contract). Just Exchange:A theory of contract. London: Routledge.

Fried, C., (1981). Contract as qa Promise. A theory of Contractual obligation, 4-6, 74-85, 103-11.

W.D., S., (1996). Binding Promises: otThe late 20th century Reformation. Princeton: Princeton University Press.

Carter J.W., (1993). Party Autonomy and Statutory Regulation; Sale of Goods. Journal of Contract Law 6, 1993; 93-122

International Sale Contracts
Words: 2926 Length: 11 Pages Document Type: Term Paper Paper #: 94080606
Read Full Paper  ❯

International Sales Contract

Ross T. Smyth and Co. Vs. TD ailey Son & Co [1940] All ER

This paper will examine and discuss the specific implications of Lord Wright's statement and how this related to the seller and buyer, specifically in the context of the c.i.f. And f.o.b. contractual meaning.

In the historical case Ross T. Smyth and Co Ltd. Vs. TD ailey, Son & Co. [1940] 3 All ER 60, Lord Wright, upon considering a dispute between the parties is said to have stated:

Now it is true that all these rules both under section 18 and section 19 are prima facie rules and depend on intention in this regarded by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case.…

Bibliography

In the Supreme Court of Africa (1999) Highveld 7 Properties et al. v. Timothy Luke Bailes [Online] available at http://kiewiet.uovs.ac.za/facultieslaw appeals/31998.htm

Federal Court of Australia (1999) Westpac Banking Corp v. Stone Gemini [1999] FCA 434 [Online] available at http://jusgments.fedcourt.gov.au/1999/j990434.yes.htm

Smyth Ross T. & Co. Vs. T.D. Bailey & Co. (1940) All ER 60 (HL)

Online] available at http://ourworld.compuserve.com/homepages/pntodd/cases/cases_s/smyth_t.htm

The Social Contract and Racial
Words: 1830 Length: 6 Pages Document Type: Research Proposal Paper #: 17364037
Read Full Paper  ❯

Namely, the institutions of
slavery and Jim Crow that were used to constrain the growth and advancement
of African Americans are today disregarded as being directly relevant to
the fortunes and opportunities of blacks in America. This is both
unrealistic and unethical, with the denial of its lasting impact casting
American racism in an historical light rather than one which is still
present and problematic. It is thus that the social contract today serves
the interests of dominance even as it feigns to have disavowed these
aspects of itself.
A true resolution to the failures of the social contract may only
really occur when the discourse on America's racialist past and the lasting
effects of this on the current fortunes of African Americans is resolved.
In that regard, Mills regards it as largely a fiction that racial
discrimination ended in any meaningful way after the Emancipation
Proclamation; rather, racial prejudice…

Works Cited:
Mills, C.W. (2000). Race and the Social Contract Tradition. Social
Identities, 6(4).

Racial Contract Charles Mill Summary
Words: 1082 Length: 3 Pages Document Type: Essay Paper #: 23922094
Read Full Paper  ❯



An objective glance at history tells us that the social contract was a real and actual covenant. The first people who banded into communities formed some overt and covert covenant with their neighbors, replete with trappings, that later became known as 'legal', in order to ensure their survival within this band of fellow strangers. The racial contract, though real, did not displace the social contract. Although the social contract, as per the French revolutionists terms of liberty, equality and fraternity never existed - even amongst Whites, it was always a myth and more symptomatic of Utopia - practical forms of the social contract, albeit with variations amongst gender and race, persisted. Integrated with the social contract, however, was a racial form of contract where male supremacism characterized by Christians of the white race gained sufficient power to dominate others who did not belong to their gender or race. acial category,…

Reference

Mills, C. (1997). The Racial Contract, Cornell University Press, Ithaca & London

Breach of Contract a Person Contracts to
Words: 742 Length: 3 Pages Document Type: Essay Paper #: 82854350
Read Full Paper  ❯

Breach of Contract

A person contracts to build an expensive wooden play set in a customer's back yard. The contract states that the fasteners to be used in the making of the set should be of a certain length and tested strength. Because the play set comes as a kit, the builder believes that they have the correct fasteners, and the set is assembled. However, the customer, who is a general contractor without the time to do the work himself, has specific knowledge of the types of fasteners he required, and realizes that those installed on the play set did not meet what he believed he had contracted for. It did not matter that the bolts included in the play set packaging were of a certain alloy, the consumer believed that they had a greater chance of failure due to the amount of stress the fasteners would incur as the…

References

Larson, A. (2010). Contract law -- An introduction. Retrieved from  http://www.expertlaw.com/library/business/contract_law.html 

Lemance, K. (2011). Substantial performance in contracts. Retrieved from  http://www.legalmatch.com/law-library/article/substantial-performance-in - contracts.html

Career and Contracts Defenses
Words: 724 Length: 2 Pages Document Type: Essay Paper #: 11844181
Read Full Paper  ❯

Business Law Contracts, Defenses, Breach, And emedies

The Dream House:

-Was your contract with Bobby a unilateral or bilateral contract; if unilateral, at what time did Bobby substantially undertake performance?

The prerequisites for a bilateral contract are that an offer must be made, that offer must be accepted, and consideration must be tendered. In the Dream House scenario, I offered Bobby an opportunity to build my house in exchange for $500,000, and Bobby accepted my offer. Bargaining the performance of construction work in exchange for a predetermined payment amount represents consideration, completing the third and final requirement and making this agreement a bilateral contract.

-What remedies and/or damages are available to you and to Bobby?

I would be able to sue Bobby for damages while seeking the amount needed to compensate Sheila to complete the unfinished job, which amounts to a sum of $350,000. Conversely, Bobby could defend himself by…

References

Martucci Lamarre, H. (2006). Career focus: a personal job search guide. Prentice Hall (Upper Saddle River, NJ).

National Constructors v. Ellenberg, 681 So.2d 791 (3rd. Dist. FL 10/2/1996)

Stambovsky v. Ackley, 169 A.D.2d 254, 572 N.Y.S.2d 672 (07/18/91)

Computer Contracting Opportunities for a Computer Component
Words: 994 Length: 4 Pages Document Type: Essay Paper #: 82303122
Read Full Paper  ❯

Computer Contracting

Contracting Opportunities for a Computer Component Manufacturer: Trends in Federal Spending

The pace of technological development is now faster than it ever has been at any other time in human history, and this pace has been steadily increasing for several decades. The emergence of the computer in the first half of the twentieth century could not have foretold the power and mobility that these devices would provide a few short generations later, nor the opportunities that continuing advancement and technological growth would supply to businesses. For Vigilant Technology, a manufacturer of computer components, the opportunities are virtually endless. Selecting the most profitable route forward can be made more difficult by the abundance of choices, yet an examination of the current contracts being offered by the federal government can help indicate the large-scale trends needed for long-term profits, not to mention providing immediate short-term gains in terms of the…

Reference fbo.gov. (2011). Accessed 23 April 2011.

 https://www.fbo.gov/?s=main&mode=list&tab=list

Design Build Contracts
Words: 876 Length: 3 Pages Document Type: Essay Paper #: 13268210
Read Full Paper  ❯

Build Method

Conflicting Issues in Design Build Methods: FA 36.209 and 10 USC 2862

There are clear issues between design builds and how they are treated in regards to federal law and how the architectural industry uses them in recent industry trends. A number of conflicting elements makes the process of creating design builds difficult for architectural firms, forcing many to have to go through the process of getting special authorization to fulfill plans that are based on industry standards and trends. Design build projects are where a single firm has complete control over the design, the bid and the final construction. It is essentially when a single entity takes on the responsibility for the project from start to finish to help minimize risks and speed up project delivery. In recent years, this has been an increasing trend within the architectural industry, but statutes in U.S. Federal law do tend…

References

American Institute of Architects. (2007). Federal government design-build laws. AIA. Web. http://www.aia.org/aiaucmp/groups/ek_public/documents/pdf/aiap016823.pdf

American Institute of Architects. (2013). Building & Contract Negotiation. Emerging Professional's Companion. Web.  http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab097629.pdf 

Napier, Thomas P., Holcomb, Timothy D., Kapolnek, Robert G., & Rivas, Abelardo. (1988). Six case studies on alternative construction methods: One-step "turnkey" facility acquisition and architectural fabric structure technology. U.S. Army Corps of Engineers. Web.  http://www.dtic.mil/dtic/tr/fulltext/u2/a196929.pdf 

U.S. Government Printing Office. (2006). 10 USC 2862 turn key selection procedures. United States Code. Web.  http://www.gpo.gov/fdsys/pkg/USCODE-2010-title10/html/USCODE-2010-title10-subtitleA-partIV-chap169-subchapIII-sec2862.htm

Social Contracts Media Articulation of the Rites
Words: 3049 Length: 10 Pages Document Type: Annotated Bibliography Paper #: 46858953
Read Full Paper  ❯

Social Contracts:

Media Articulation Of The ites Of

HETEOSEXUAL vs. HOMOSEXUAL MAIAGE IGHTS

In the Land of the Free where the Bill of ights is supreme, all marital unions between consenting adults should be accorded the same level of societal respect and legality under federal and state laws. It was just a few decades ago when the Gay ights Movement was born in a raucous Greenwich Village bar, but homosexuals have become increasingly accepted in mainstream American society in the years since and a growing number of states are legalizing same-sex marriage in response to this trend. Unfortunately, the path to equal rights for all American citizens has been hampered by negative media coverage of homosexuals in the United States in recent years in ways that are frequently subtle but which are discernible through careful analysis. This type of analysis is important because prejudicial public information or notice of the…

References

Black's law dictionary. (1999). St. Paul, MN: West Publishing Co.

14th Amendment to the U.S. Constitution. (2011). Library of Congress. Retrieved from http://

www.loc.gov/rr/program/bib/ourdocs/14thamendment.html.

Gallagher, M. (2006, May 15). Banned in Boston. The Weekly Standard, 11(33), 3.

Patients Undergoing Mechanical Ventilation Contract Ventilator Associated
Words: 2974 Length: 8 Pages Document Type: Essay Paper #: 20462057
Read Full Paper  ❯

patients undergoing mechanical ventilation contract Ventilator Associated Pneumonia (VAP). This acute medical condition always results in increased death rates and associated medical costs among patients. This article reviews several literatures that try to enlighten masses on the diagnosis, medical treatments and VAP prevention methods. In addition, this article outlines recommendations medical practitioners can implement in their daily practices to curb VAP and offers an insight on controversies that usually arise during VAP diagnoses, treatment plans and prevention methodologies. This article defines VAP to be the causative agent of approximately 25 to 54% mortality rates among patients undergoing mechanical ventilation in ICUs. Factors responsible for VAP among patients include patients' population in ICUs, hospital stay durations and antimicrobial treatments. Even though antimicrobial medications are confirmed to reduce VAP casualties, further studies should be undertaken such as the ones outlined in the literatures below to help in early identification and treatment of…

References

Arroliga, A.C., Pollard, C.L., Wilde, C.D., Pellizzari, S.J., Chebbo, A., Song, J., et al. (2012).

Reduction in the Incidence of Ventilator Associated Pneumonia: A Multidisciplinary

Approach. Respiratory Care, 688-696.

Camargo, L.F., De Marco, F.V., Barbas, C.S., Hoelz, C., Bueno, M.A., Rodrigues Jr., M., et al.

How Do the Non-For Profit NFP Organizations Manage Their Procurement Processes
Words: 6916 Length: 20 Pages Document Type: Multiple Chapters Paper #: 39302164
Read Full Paper  ❯

picture of how nonprofit organizations balance their procurement processes by applying a phenomenological method to investigate the procurement methods, by categorizing the knowledge of participants. This involved the analysis of survey results in order to pinpoint the fundamental challenges that nonprofits face in conjunction with finding a means of improving the procurement processes. This was an investigation founded on an intensified approach to epistemology. Other models, such as the descriptive and analytical approach were also harnessed to help explain this particular topic. Surveys are of the most pinnacle and fundamental means of gathering enquiries to the information that exists, analyzing them to engage in a critical evaluation of the data. This survey seeks to shed light on the entire task of procurement, which generally refers to the manner in which goods are acquired, via a procuring entity and through the use of public funds. "Public bodies have always been big…

References

Aday, L., & Cornelius, L. (2011). Designing and Conducting Health Surveys. Ssan Francisco: Jossy-Bass.

Angeles, R., & Nath, R. (2007). Business-to-business e-procurement. Retrieved from porto.ucp.pt:  http://www.feg.porto.ucp.pt/docentes/rsousa/Files/Le%20Havre%20Files/S7_4.pdf 

Baxter, P., & Jack, S. (2008, December). Qualitative Case Study Methodology: Study Design. Retrieved from PSU.edu:  http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.152.9570&rep=rep1&type=pdf 

Daymon, C., & Holloway, I. (2011). Qualitative Research. New York: Routledge.

Psychological Contract With an Introduction
Words: 752 Length: 2 Pages Document Type: Essay Paper #: 66419301
Read Full Paper  ❯

How do employees adjust and how might it affect their attitudes toward their jobs? Have you had this type of conversation with a supervisor, and if so, what was the outcome?

Because of the fear of not being hired, few employees (including myself) are willing to discuss initial expectations with a supervisor upon entry into a company. However, during performance reviews, provided the relationship with the supervisor is strong, the topic of opportunities regarding personal growth may be broached. There is always reluctance even then about making the discussion too 'personal.' In some instances, this discussion can be a positive experience for employees, as it can enable them to be more honest in a workplace context. Other employees, particularly if they are not a good fit with the organizational culture to begin with, or do not have warm relations with their supervisor, may feel uncomfortable with such a discussion.

Q3.…