Commercial and Government Contracting
The Differences Between the Formation of Commercial and Government Contracts
When a business moves from the commercial contracting marketplace to the government procurement world it must ensure a clear understanding of the specific rules and regulations to which it will be a party (Manos, 2004; Oyer, 2005). There are inherent risks in working with the government, but businesses that are careful with what they do can mitigate those risks and manage them effectively and efficiently (Barnett, 2003). There are four distinct areas where government and commercial contracting differ, and these are: kickbacks, false statements, false claims, and antitrust issues (Murphy, 2005; McKendrick, 2005). It is important to address all four of these in order to ensure that the differences between the two types of contracting are more easily understood.
In the commercial market, kickbacks are not illegal. For example, a subcontractor can offer to kickback a payment to…...
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References
Barnett, R.E. (2003). Contracts New York: Aspen Publishers
McKendrick, E. (2005). Contract Law - Text, Cases and Materials London: Oxford University Press
Manos, K.L. (2004). Government Contract Costs & Pricing. New York: Thomson-West
Murphy, J.E. (2005). Guide to Contract Pricing: Cost and Price Analysis for Contractors, Subcontractors, and Government Agencies. New York: Management Concepts.
Small usiness Government Contracting
CEO of Small usiness that Provides Service Expansion by Competing for Navy Contracts at a ase Several Miles Away
The objective of this study is to examine the scenario of a CEO of a small business that provides a service and business expansion through competing for Navy contracts at a base several miles away. This work will: (1) Determine how the federal government encourages small businesses and how passing of " The Historical Underutilized usiness Zone (HUZone) Act, 15 U.S.C. 631 of 1997, increases the chances of landing a government contract; and (2) Determine how SmartPay and similar programs in electronic contracting will assist the small-business owner in obtaining more contracts.. This will involve description of the nature of government contracting including authority, responsibilities, and legal considerations and providing and explanation of the government acquisition process using sealed bidding, negotiations, and alternative contracting methods.
Acquisition of Innovative Technology and Weapon Systems
Government contracting plays a critical role in the acquisition of innovative technology for different departments such as the Department of Defense (DoD). Over the past few years, DoD has enhanced its development and acquisition of innovative weapon systems to enhance its effectiveness and efficiency. However, the conventional government contracting process is characterized by challenges resulting in delays and significant costs for taxpayers. This issue has attracted the attention of various researchers and stakeholders such as the U.S. Government Accountability Office. These stakeholders have conducted various studies and researches on the government contracting process and provided recommendations that could help enhance it and improve efficiencies in the operations of government agencies. This paper compares and analyzes two publications conducted on this issue and discusses the significance of procurement law and the applicable government requirements.
Primary Goals of Each Reading
Complicated government procurement programs have generated significant attention…...
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References
Mlinarchik, C., & Myers, J. (2016). Other transaction authority: Acquiring innovative technology and research by avoiding the regulatory burden of traditional government contracting. Contract Management, 56(10), 68-73.Sullivan, M. J., et al. (2015). Acquisition reform: DOD should streamline Its decision-making process for weapon systems to reduce inefficiencies. (GAO-15-192). Washington, DC: Government Printing Office.
The government official has a legal as well as an ethical responsibility to put the interests of the public first, as a public servant. To fail to do so will result in greater cost to the taxpayer, and perhaps even an inferior product. This type of waste takes money away from other, more worthy public projects as well, including aid to the poor.
Government contracting officers have unique responsibilities and special, additional privileges as a result of their duties: "Of all government personnel, only a Contracting Officer has the authority to enter the government into a binding contract. He or she will be the one to sign the final contract agreement, and only a Contracting Officer has the power to change the terms of the contract" (Government contracting personnel: Understanding roles played, 2011, ONVIA). The contracting officer is thus acting on behalf of the entire government, and has unique powers…...
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References
Business ethics in government contracts. (2011). ONVIA. Retrieved
The ability to end or terminate the contract is unilateral. Gabbard expresses the fact that changes must also be unilateral. The terms in settling a dispute must be predetermined before entering contract. The Government contract gives the authoritative party the right to audit the books of the company selling the product or service. In this court case, the government was allowed to appeal the case won by Agredano resulting in a reversal of the former court ruling.
Government Contract Comparison to Uniform Commercial Code/Contract
The U.C.C. Or commercial contract is less formal and authority to enter a contract is assumed by the parties involved (Gabbard, 2011). In a UCC the terms are not detailed or written out in a formal document as required by a government contract. In fact the details are implied (Gabbard, 2011).
Analyzing and Evaluation Example: Carpet Cleaning Contract
For example in a UCC contract with a carpet cleaner, it…...
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References
Cengage Learning, (2011). Buyer beware applies to vehicle bought by the government.
Government Solicitation
Developing a Federal Acquisition Team: everse Engineering a Standard Forestry Project to Determine Team equirements
FA Provisions
The selected project is controlled by the Forestry Department, which is part of the Department of Agriculture, placing the project under the auspices of Chapter 4 for the Federal Acquisition egulations, which themselves make up Title 48 of the Code of Federal egulations (e-CF, 2012). elevant paragraphs include a provision that all Head of Contracting Activities (HCAs) comply with FA 7.103, detailed further below (e-CF, 2012, Title 48, Chapter 4, Part 407, par. 407.103). In addition, paragraph 407.503 of the same chapter provides provisions for the determination of whether or not a proposed contracting function is "inherently governmental" according to FA 7.503(e), and also sets out rules for settling disputes when there is not agreement on this issue (e-CF, 2012). It is not expected that this will be of issue in this case, however,…...
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References
e-CFR. (2012). Electronic Code of Federal Regulations. Accessed 22 April 2012.
As a result many government contractors struggle to remain profitable over the life of their contracts. Third, the federal government requires contractors to create a Project Management Office (PMO) that acts as the coordination point of all activities. The PMO is a requirement in larger government contracting projects including the building of aerospace and defense vehicles and systems.
ecommendation
Despite the costs and challenges of selling to the federal government, the annuity-oriented contract renewals and the potential of becoming a prime contractor make the investment an attractive one. Many companies initially begin pilot programs that concentrate on selling a specific set of products or services that can be tailored and customized to the governments' needs. By taking a pilot-based approach, a company can minimize risk but also gain insight into how to better work with the federal government.
eferences
uben Berrios (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63(2), 119-130.…...
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References
Ruben Berrios (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63(2), 119-130. Retrieved October 9, 2008, from ABI/INFORM Global database. (Document ID: 964489041).
Through these websites, the company could also stress that its services would be recognized worldwide and the U.S. would improve its standing in the world community relating to this subject and therefore gain the respect of other countries.
With regards to utilizing edBizOpps, the company must also be aware of the services that this websites provides, and utilize what it needs only. or instance, the website is very useful for marketing activities, due to the fact that it would provide both opportunities, and allow other to seek for opportunities provided, such as those by Enviro LTD. According to the website, in the Buyers/Engineers section, "Government users may post, manage, and award opportunities."
In the Vendors/Citizens section, furthermore, it states, "Vendors and citizens may search, monitor, and retrieve opportunities."
In this latter section, one can preview, at no cost, various opportunities and sign up. When signing up, one can include, in addition to…...
Ethics in Contracting
Government is full of many hundreds and thousands of people earning their living through service. It is important that this idea of service is kept in mind as the collective purpose should supersede that of the individual who has chosen to work for the government. The idealism behind organized governments warrant an ethical code to help ensure the sanctity of government is preserved. This moral imperative is stressed even more when we examine those who have served in government and can use that experience to further themselves in post government employment. This unique position therefore places unique ethical requirements on those who are seeking post government employment.
The purpose of this essay is to discuss the importance of ethics within post government employment and the need for ethical awareness to guarantee fairness. This essay will suggest that government employment at many levels is generally lacking any real ethical ideal…...
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
When evidence accumulates that the international system is developing in worrying ways, then the overall force development strategy can be modified to counter this - by either expanding or contracting particular hedging substrategies as appropriate" (p. 1).
Essentially, a hedging strategy would allow the U.. To 'hedge its bets' against unexpected attacks, while focusing its limited resources on the most obvious threats. While such a strategy could potentially backfire, the odds are stacked highly against a surprise enemy, and thus may be a reasonable avenue to pursue.
Considering the enormous chunk of the national budget that is spent on military defense (see appendix C), the most obvious solution to reducing the costs of war is to simply cut back on the amount of funds allocated to national defense. The U.. Defense spending is astronomical compared to other countries, and while it is important to be protected, there is such a thing…...
Technology and Software
Identify How the Data Will Be Collected Before and the After Solution States
Synthesis of data
esearch analysis and synthesis methods
Discuss analysis and synthesis of measurement results
Discuss findings of the measurement results
Discussion and Conclusion on Approach (Week 4)
Compilation of Findings, Conclusions, and ecommendations (Week 5)
The pace of technological development, inclusive of both hardware and software advances, has been rather unrelenting and chaotic in the last generation or two of modern human existence. Whether it be in the West or the East, the rich nations or the poor, in Africa or in North America, the pace of change and evolution of technology and software has been very fast. However, one group and type of people that have problems keeping up at times are the governments. The unwillingness or inability to keep up can manifest in terms of enforcement, the laws that are on the books, the spending that is allocated…...
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References
Balter, B. J. (2011). TOWARD A MORE AGILE GOVERNMENT: THE CASE FOR REBOOTING FEDERAL IT PROCUREMENT. Public Contract Law Journal, 41(1), 149-156.
Bartle, J. R., & Korosec, R. L. (2003). A review of state procurement and contracting. Journal of Public Procurement, 3(2), 192-214.
Baumann, P., & Trautmann, N. (2016). A note on the selection of priority rules in software packages for project management. Flexible Services & Manufacturing Journal, 28(4), 694-702. doi:10.1007/s10696-016-9236-8
Cucciniello, M., & Nasi, G. (2014). Transparency for Trust in Government: How Effective is Formal Transparency? International Journal of Public Administration, 37(13), 911 -- 921.
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.
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>.
Federal Contracting: enefits and Drawbacks of Cost Reimbursement Contracts
The objective of this study is to examine the pros and cons of cost-reimbursement contracts from the view of the federal contractor and to discuss which elements of cost-reimbursement contracts tend to produce the biggest troubles for contractors and explain why.
Cost-Reimbursement Compared to Fixed-Price Contract
Cost-reimbursement or cost-plus is reported as a contract "where a contractor is paid for all of its allowed expenses to a set limit plus additional payment to allow for a profit." (GovWin, 2010, p.1) Cost-reimbursement contracts can be contrasted with fixed-price contracts, which are reported to be such that the contractors "are paid a negotiated amount regardless of incurred expenses." (GovWin, 2010, p.1) Fixed-price contracts make provision of payment of the allowable costs that are incurred in performance of a contract "to the extent prescribed in the contract." (GovWin, 2010, p.1)
In the fixed-price contracts, "an estimate of the…...
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