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…...
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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.
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…...
Department of Defense (DoD). (2010). Contingency contracting (CON 234). Retrieved January 24, 2011 from courses/CON%20234%20Pre-Course%20Materials.pdfhttp://www.dau.mil/registrar/pre-
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.
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 suitable…...
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References:
Anderson, C. (2013, January 25). 8 Things You Need to Know About Starting A Fashion
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 Process
The bid…...
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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.
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 Acts. Performance-Based Contracts…...
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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>.
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. While…...
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 variety of high…...
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References
Advameg, (2012).Dell Inc.-Company Profile, Information, Business Description, History,
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 statutory and regulatory…...
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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.
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.
The contracting and procurement…...
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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.
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…...
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References
Bianca, a. (2010, June 28). The duties of a contracting officer. eHow. Retrieved from http://
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 contracts themselves.…...
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Reference fbo.gov. (2011). Accessed 23 April 2011.
The protester then has an opportunity to file written comments on the report.
Utilizing Debriefings to Prevent id Protests
Officially, Post-Award debriefings are meant to provide transparency to the unsuccessful candidates. Although the prescribed requirements of the briefings are very rigid and formal, agencies should resist the temptation to meet the bare minimum required by the formalities. Agencies should pay special attention to Requirement 1, the "evaluation of the significant weak or deficient factors in the offeror's proposal" because the evaluation is open-ended, unlike Requirements 2-3, which contain definite numerical standards, and Requirement 4, which only requires a simple summary. Open-ended evaluations can vary greatly in quality and also increase the opportunities for the agency to make a mistake.
If it is a particularly confusing or shallow evaluation, an unsuccessful offeror might take issue with the soundness of the agency's decision and later move to Protest the id by claiming that the…...
ACQ Center (2003) Source Selection: Common Myths and Misconceptions NIH AMC Symposium Nov. 9, 2004 oamp.od.nih.gov/.../AMCSymposium.
Maser, S.M., Subbotin, V., & Thompson, F. (2010) The GAO's Bid-Protest Mechanism: Effectiveness and Fairness in Defense Acquisition? Working Paper Atkins School of Management Willamette University. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1616424
Companies have been progressively integrating project management practices into their operations; executive and managerial meetings have also been increasingly incorporating specialist project management language. The trend will persist and managers have to familiarize themselves with the terminology, systems and functions of project management. This paper will attempt to acquire an understanding of the constituents of each process group, and processes required to be carried out in individual groups in the course of a project. Process groups are as follows: initiating process group (2 processes); planning process group (24 processes); executing process group (8 processes); monitoring & controlling process group (11 processes); and closing process group (2 processes).
Initiating process group
PMBOK (Project Management Body of Knowledge) defines initiating processes as those conducted for outlining any new phase in a project or new project itself, through procurement of sanctions for beginning with the phase/project (Snijders, Wuttke & Zandhuis, 2013). These processes define the…...
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References
Project Management Institute Global Standard (2008), A Guide to the Project Management Body of Knowledge (PMBOK"3° Guide), 4th edn, Project Management Institute.
Snijders, P., Wuttke, T. and Zandhuis, A. (2013), A Pocket Companion to PMI's PMBOK Guide, 5th edn, Van Haren Publishing.
Team, F. M. E. (2013). Project Management Process Groups.
If Brookdale is able to reduce its operating costs, the company should be able to capitalize on the growth opportunities that the next few years and a rebound in housing prices will represent, allowing it to return to profitability, a track that it should be able to carry for several years or even decades.
The company has reasonable power over its suppliers, and its size allows it to offer prospective customers a wide range of options, which can reduce shopping around. The industry has low intensity of rivalry, although it must contend with some strong substitutes at times. The demographic trends, however, favor continued growth, which combined with the other factors renders the industry favorable for Brookdale.
In addition to the Five Forces, it is worth considering the industry life cycle. Most industries can be seen as having four distinct life cycle stages: Introduction, Growth, Maturity and Decline. The assisted living…...
secondary literature and a survey of practitioners concerning the fact that Defense Logistics Agency (DLA) acquisition costs are often excessive because first article testing (FAT) requirements are often misapplied to DLA contracts. This study was guided by three objectives: (a) to determine the frequency of misapplication of First Article Testing requirements to Defense Logistic Agency contracts; (b) to determine Engineering Support Agency and Defense Logistics Agency employee interpretations of First Article Testing requirements; and, (c) to provide Engineering Support and Defense Logistics Agency employees with First Article test requirement discriminators that will assist with appropriate First Article Test requirement application to Defense Logistics Agency contracts. This study was also guided by the following research questions: (a) what major factors do Engineers and Defense Logistics Agency employees consider prior to applying First Article Test requirements to contracts?, and (b) what specific discriminators can be applied to First Article Test requirement…...
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References
Borenstein, S. & Markoe, L. (2006, September/October). Prime vendor. The IRE Journal, 29(5),
18-22.
Chandler, G.N. & Lyon, D.W. (2001). Issues of research design and construct measurement in entrepreneurship research: The past decade. Entrepreneurship: Theory and Practice.
25(4), 101-102.
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