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Berrios, R. (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63: 119-130.
Privatization, in the realm of government contracts, could be conceptualized in terms of outsourcing and contracting out. Here, the government reaches out to firms in the private sector to avail essential and other critical services. There are various benefits that could be realized as a consequence of such a move. These include, but they are not limited to, enhanced efficiency and access to higher skill levels. To a large extent, the competitive nature of such engagements results in greater efficiency in as far as service delivery is concerned. It is important to note that in principle, the government contracting system ought to not only be competitive, but also open. In some instances, however, this has not been the case. This is more so the case given that some of the contracts awarded in the…
Risk management as it relates to government contracts can often be a complex and convoluted process. This is particularly true as government contracts often have certain stipulations and provisions that are unlike their private sector counterparts. When approaching a high-level negotiation is therefore important to have a strategy that emphasizes risk management and its implications for downside protection.
To begin, as with any negotiation, it is important to identify each party’s key interest. By identifying what each party is attempting to achieve, it is much easier to formulate a negotiating strategy. Here, I would first identify the counterparties primary constituencies and formulate a strategy centered around them. In the case of a government contract, the immediate constituency is the community at large. Depending on the contract, a key counterpart stakeholder is the supply chain itself. For example, in a bid to construct military housing on an off-base premise, key counterparty…
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…
Business ethics in government contracts. (2011). ONVIA. Retrieved
February 17, 2011 at http://www.onvia.com/b2g-resources/article/business-ethics-in-government-contracts
Government contracting personnel: Understanding roles played. (2011). ONVIA. Retrieved
February 17, 2011 at http://www.onvia.com/b2g-resources/article/government-contracting-personnel
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…
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
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…
Cengage Learning, (2011). Buyer beware applies to vehicle bought by the government.
June 12, 2010 from http://www.swlearning.com/blaw/cases/sales/0410_sales_01.html
Gabbard, E.G. (2011). Relationship of far and ucc in subcontracting. Retrieved June
10, 2011 from http://www. fasmg. org/farucc. html
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…
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.
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 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…
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
Government Contracting class.
GAO case study: Contract dispute
One of the most recent government debacles of 2013-2014 was that of the healthcare.gov crisis. Healthcare.gov, the Internet exchange on which people could buy healthcare plans on the open market, was largely inoperable for the first months of its existence. The fact that the website was effectively the result of a failed government contract is often forgotten, due to the focus on the policy debate swirling around the requirement that all American citizens are ensured. There was later an investigation into the contract between the government and the firm (CMS) charged with designing the website. "To be expedient, CMS issued task orders to develop the federally facilitated marketplace (FFM) and federal data services hub (data hub) systems when key technical requirements were unknown, including the number and composition of states to be supported and, importantly, the number of potential enrollees. CMS used…
Ineffective planning and oversight practices underscore the need for improved contract
Management (2014). GAO-14-694. Retrieved from:
Prenegotiation Objectives Order
Prenegotiation Objectives Contract NO. DACA87-12-5-6789
Change Case NO. 23-0-41-2
Modification Description: he U.S. Department of Housing and Urban Development feels it is necessary to submit our interest in adding Employment Identification Verification EIV to the application process of families who need low income housing assistance.
o assist Public Housing Agencies (PHAs) with effective monitoring on a monthly basis of participant compliance with the Social Security Number (SSN) disclosure and verification requirement, in agreement with 22 CFR 5.910; and to measure the aid with diverse households, in agreement with 22 CFR 5.420. he account will also support PHAs with proof of citizenship, entitled citizens who are allotted alternate identification number (AL ID) who must reveal their given SSN, suitable noncitizens with AL ID who must reveal their allotted SSN, and to verify if families are honestly reporting their employment while receiving housing assistance.
Government Estimate: he U.S. Department…
Time: We request that the EIV system be a part of the program effective immediately after approval to assist with the second half of FY2011. This can allow HUD to notify families and begin service for August 2011 to December 2011.
Price Analysis: HUD requests to pay EIV a monthly set fee because the accessibility should be unlimited logons and not to exceed what general verification websites charge which is no more than $60.00 a month per HUD office.
Price Objective: To cut back or terminate rental assistance to families that is verified through EIV as not reporting their income by their SSN. Even if HUD terminated 100K families with a $600 monthly voucher from approval starting August 1, 2011 to December 31, 2011, that would be approximately $240 million in savings. We feel that is ample enough reason to consider awarding HUD the contract to add EIV.
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…
Melbye, D. 2013. Mitigating risks in IT contracts. Available:
[5 Dec 2013]
Developing a Federal Acquisition Team: everse Engineering a Standard Forestry Project to Determine Team equirements
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…
e-CFR. (2012). Electronic Code of Federal Regulations. Accessed 22 April 2012.
PAYCO NSFR #2210 (2012).
PAYCO NSFR #2210 Recons. Drawing. (2012).
Contracts (except for those of high paid professional athletes who believe that they do not have to be held to such trivialities) are documents that require events to take place at the behest of each participant. When the participants are buyers and sellers, a contract is normally written to specific exactly what the buyer will receive from the seller, and what the seller will receive from the buyer. The contract also spells out any terms and conditions of the purchase or sale, and what the consequences will be if the contract is not fulfilled by either party.
As one recent article reports "contracts are mediated by markets, implying that there exists a price for every possible good for each possible contingency over each possible date" (Nosal, 2010, p. 1). As Nosal puts it, people choose to buy or sell goods to maximize their own happiness, and their only constraint is…
Nosal, E.; (2010) What is clearing and why is it important? Chicago Fed Letter, Issue 278, pp. 1-4
Evaluate how Public Policy Decisions Affect the Receipt of Revenues
Politics and attitudes about where the various revenues should be spent can create heated amounts of debate. In the case of the Department of Defense, this can mean that periodic reviews could occur that can have an impact upon a host of different spending programs. At the same time, various assessments will take place with Secretary of Defense. Where, they will review the size and necessity of the various bases / personnel. A good example of this can be seen when the Secretary of Defense will recommend various base closures and force adjustments. As politics and changes in the Department's needs / availability of funds will affect what programs are going to receive the most appropriate amount of revenues.
Analyze the Economic Conditions that Affect Revenue Projections
The economic conditions will play a major role in determining how…
Base Closure List. (2005). MSNBC. Retrieved from: http://www.msnbc.msn.com/id/7834939/ns/us_news
The Numbers. (2010). Tax Policy Center. Retrieved from: http://www.taxpolicycenter.org/briefing-book/background/numbers/revenue.cfm
Bender, B. (2010). Spending Critic Brown. Boston Globe. Retrieved from: http://www.boston.com/news/nation/washington/articles/2010/04/08/spending_critic_brown_backs_mass_weapons_bid/
Dupy, T. (2010). Defense Secretary Wants Spending Cuts. Huffington Post. Retrieved from: http://www.huffingtonpost.com/tina-dupuy/defense-secretary-wants-d_b_571906.html
Government Accounting Office in America (GAO)
This is an examination of the Government Accounting Office in America. The writer discusses the history, purpose and background of the GAO as well as the duties that the office is charged with performing. The writer then analyzes literature that illustrates the office in action. The final discussion revolves around the question, "Is the office effective or is it a waste of money." There were four sources used to complete this paper.
During the last few years there has been a public outcry and demand to investigate government spending. The public was brought stories by the media about the government paying thousands of dollars for toilet seats, and spending hundreds of dollars on a screwdriver and other such tools. When the reports began to surface about wasted government spending the public became angry. Lobbyists across the nation began to demand an accounting of not…
Bibliography for a listing of non-GAO publications.) It should be noted that, as with any effort to put current events into historical context, alternative interpretations are possible. Often debated are the intent and motivation of the framers of the Constitution who created the census. In this report, we have quoted the Constitution and various laws relating to the decennial census and have attempted to place their language in an historical context. We are not, however, providing our own independent review or interpretation of the constitutional and statutory issues discussed in this report, which, unless otherwise noted, are based primarily on the analysis contained in the various publications and documents we relied upon in preparing this report.
Short answers to some frequently asked questions about the decennial census are in appendix 1. Appendix 11 contains information on changes in the apportionment of the membership of the House of Representatives between the 1920 and 1990 Decennial Censuses by region of country and on changes in the nation's population and its undercount by race and ethnicity between the 1950 and 1990 censuses, as well as a snapshot of the growth and cost of census-taking since the first decennial census in 1790. Major contributors to this report are identified in appendix III.
L. Nye Stevens Director, Federal Management and Workforce Issues
Why Take the Census?
There are several kinds of contracts that are commonly used at the federal level, including fixed-price and cost-reimbursement contracts. In order to understand them more clearly, and in order to compare them with other contracts, it is important to discuss them thoroughly. Fixed-price contracts are exactly what their name implies. They are set up based on a fixed and agreed-upon price, and that price cannot be changed (Barnett, 2003). There are both benefits and drawbacks from the perspective of the contractor when it comes to this type of contract. The most significant benefit is that the contractor knows how much he or she will be paid when the job is completed. The drawback, of course, is that there is the possibility that the job will cost much more than the contractor anticipated. With that being the case, the contractor may find that he or she is not getting…
Barnett, R.E. (2003). Contracts. New York, NY: Aspen Publishers
McKendrick, E. (2005). Contract law - Text, cases and materials. New York, NY: Oxford University Press
Stanberry, S.A. (2008). Federal contracting made easy (3rd ed.). New York, NY: Management Concepts
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.
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.
uben Berrios (2006). Government Contracts and Contractor Behavior. Journal of Business…
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).
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,…
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.
Small Business Contract
The objective of this paper is to suggest the simplified an acquisition method that our organization could employ to bid for contract from the federal government. Typically, we are intending to bid for the contract that worth $600,000 from the Department of Defense (DoD) and we are required to select an appropriate simplified acquisition method.
Appropriate Simplified Acquisitions Method
The federal government agencies purchase product and services using three methods:
Sealed bids, and Negotiation.
Simplified acquisition method is the easiest method that the governments use to acquire product and services from contractors. This paper suggests that BPAs (Blanket Purchase Agreements) will be appropriate as the simplified acquisition method for our organization. The rational for selecting blanket purchase agreements is to fill anticipated repetitive needs for supply of the government goods and services. Since our organization is anticipating bidding for the contact worth $600,000, the BPAs…
Acquisition Central ( 2013).Subpart 15.2 -- Solicitation and Receipt of Proposals and Information, USA.
Acquisition Central ( 2013). Subpart 13.3 -- Simplified Acquisition Methods, USA.
U.S. Department of Health & Human Services. (2014).Chapter 5: Small Business Review of Simplified Acquisition Actions, USA.
Federal Contracting Activities and Contract Types-
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…
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
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…
Frequently Asked Questions about Government Contracting. (2011). Small Business Notes. Retrieved November 13, 2011, from < http://www.smallbusinessnotes.com/starting-a-business/frequently-asked-question-about-government-contracting.html#b >.
FedBizOpps. (2011). FedBizOpps.gov. Retrieved November 13, 2011, from < https://www.fbo.gov/ >.
FedBizOpps. (2011). FedBizOpps.gov. Retrieved November 13, 2011, from <
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.…
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. .
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.
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…
Fair Acquisition Regulation (nd). Viewed 10 July 2014. Retrieved from https://acquisition.gov/far/index.html
Dallimore, S.M. (2006). The Ten Commandments of Ethical Government Purchasing. Government Procurement, 14(2), 28-30.
Schouten, R. (2013). Many ex-governors work as lobbyists, consultants. The U.S.A. Today, 11 Aug 2013. Retrieved from United States Office of Government Ethics (nd). Mission & Responsibilities. Viewed 10 July 2014. Retrieved from http://www.oge.gov/About/Mission-and-Responsibilities/Mission-Responsibilities/
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,…
Mills, C. (1997). The Racial Contract, Cornell University Press, Ithaca & London
Affirmative Action in Procurement/Contracting
Affirmative action programs in procurement are amongst the more significant government programs proposed to progress self-employment prospects for minorities as well as women. In essence, the policy on affirmative action with regard to procurement or contracting necessitates that business concerns owned by women or the minorities, shall have the utmost gaining prospect to take part as supplies for goods and services. This also takes into account construction, irrespective of whether bought with a grant, contract or organizational funds. In accordance to Marion (2011), statistics indicate that in the year 2002, about 7% of federal procurement funds were granted to underprivileged enterprises and initiatives, through the Small Business Administration (SBA). In addition, it is a prevalent feature for numerous national and local government agencies to offer preferential treatment to organizations that are minorities (Marion, 2011). In recent periods, the decisions made by the law courts and the…
Bates, T., Williams, D. (1996). Preferential Procurement Programs and Minority-Owned Businesses. Journal of Urban Affairs 17:1, pp. 1-17.
Blanchflower, D. G., & Wainwright, J. (2005). An analysis of the impact of affirmative action programs on self-employment in the construction industry (No. w11793). National Bureau of Economic Research.
Chay, K., Fairlie, R. (1998). Minority Business Set-Asides and Black Self-Employment. Mimeo, U. of California, Berkeley.
Fairlie, R., & Marion, J. (2012). Affirmative action programs and business ownership among minorities and women. Small Business Economics, 39(2), 319-339.
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…
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.
They have limits within reason and they are relinquished when used to infringe upon others. Along these lines Eidelberg stresses that man to have been granted these rights must possess certain special qualities;
Surely a being thus endowed must be potentially capable of governing himself without impairing the unalienable rights of others. Presumably, such a being would have the capacity to distinguish between his immediate wants and his long-range interests. He would have to understand how the pursuit of his own interests may affect the well-being of others, and how the wants and interests of others may affect his own... If he is to show "a decent respect to the opinions of mankind," he would have to address the reason rather than the passions of mankind, which means he would have to defend his own claims by reasoning.
Reason is therefore a requirement for the retention of these…
Aguirre, Adalberto, and Frances Vu. "Eminent Domain and City Redevelopment in California: An Overview and Case Study." Social Justice 33.3 (2006): 101. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=5020039975 .
Eidelberg, Paul. On the Silence of the Declaration of Independence. Amherst University of Massachusetts Press, 1976. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=9674133 .
Hole, Robert. "The American Declaration of Independence of 4 July 1776." History Review (2001): 38. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=5000957981 .
Mace, George. Locke, Hobbes, and the Federalist Papers: An Essay on the Genesis of the American Political Heritage. Carbondale, IL: Southern Illinois University Press, 1979. Questia. 29 Apr. 2008 http://www.questia.com/PM.qst?a=o&d=1381039 .
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…
Federal Acquisition Regulation Source Selection Statute 15.3 https://www.acquisition.gov/far/html/Subpart%2015_3.html
Acquisition Community Connection https://acc.dau.mil/CommunityBrowser.aspx?id=18888
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
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…
"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,
Therefore, these agreements can determine an increased level of quality of the contractors' efforts.
The advantages of the basic ordering agreements also rely on the fact that they allow to agree on prices and quantities of products and services that are not established when the agreement is made. But in such situations it is expected that the government is likely to purchase these products and services and the contractors agree on providing them when they are required by the government.
However, there are also certain disadvantages associated with these agreements. These disadvantages refer to the fact that in certain situations the costs associated with these contracts cannot be anticipated. This makes it difficult for the government to establish the level of resources that can be attributed to these purchases. It is important to establish the costs of the contracts in accordance with the production costs of the providers.
1. Symes, S. (2012). Advantages and Disadvantages of a Fixed Price Contract. Retrieved June 9, 2012 from http://smallbusiness.chron.com/advantages-disadvantages-fixedprice-contract-21066.html .
2. Basic Ordering Agreement (2012). Business Dictionary. Retrieved June 9, 2012 from http://www.businessdictionary.com/definition/basic-ordering-agreement.html .
3. Philpott, D. & Cook, S. (2012). Managing Cost Reimbursable Contracts. Government Training Inc. Retrieved June 9, 2012 from http://governmenttraininginc.com/pdfs/Cost-Reimbursable-TOC-Excerpt.pdf .
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U.S. Constitution. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors. It was the intent of the Framer's…
Brock, P. (2001). Supreme Court Justice Thomas Smith speaks. Montpelier Magazine (Spring, 2001), Harrisonburg, VA: James Madison University, Montpelier.
Eastman, J.C. (2002). Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Harvard Journal of Law & Public Policy, 01934872, 25 (3), 931-952.
Greve, M. (2000). The supreme court's federalism. AEI Federalist Outlook, 2 (August 2000). Found at http://www.federalismproject.org/outlook/8-2000.html.
Jeffrey, K. (1995). Guide to regulatory reform: The federalism rule. Brief Analysis No. 151, National Center for Policy Analysis, Washington DC. Found at http://www.ncpa.org/ba/ba151.html
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…
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.
Criminal justice is an inherently ethical profession. The judiciary ostensibly crafts laws that reflect the ethical sensibilities and social norms of the society, which are often embedded in the American Constitution. The role of the criminal justice system is to ensure that local, state, and federal laws are applied and enforced in a manner consistent with constitutional and regional codes. Issues like the equal protection clause are also ethical matters. The core objective of the criminal justice system is built on ethical responsibility: the ethical responsibility of the system to its main stakeholders, which is the American people.
However, there are also ancillary ethical issues associated with criminal justice that are not codified. Such issues are often linked with ambiguities and philosophical complexities. Applying criminal justice ethics entails sensitivity and awareness to prevailing political and social climates. Among the most pressing ethical issues in criminal justice include those related…
American Civil Liberties Union (2012). Racial profiling. Retrieved online: http://www.aclu.org/racial-justice/racial-profiling
Banks, C. (2012). Criminal Justice Ethics. Sage.
Block, W.E. & Obioha, V. (2012). War on black men: Arguments for the legalization of drugs. Criminal Justice Ethics 31(2): 106-120.
Harfield, C. (2012). Police informers and professional ethics. Criminal Justice Ethics 31(2): 73-95
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…
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
Legume and Arrow Contract Order
IAC Method Assessment of Case Study
Statement of Facts
Issue (Question at Hand)
ule (Statement of the Law)
Case Name: This is a case between K.K. Legume Inc. which is a sweater manufacturer and Arrow LLC signs a contract with them stating that Arrow will buy a certain amount of brand Arctic Ice which are 100% wool for a one year agreement of $12.00 per unit (Path Finder Advisors, n.d.).
Statement of Facts: However legal action has been determined in the case of contract because two different yet unexpected issues took place that neither company anticipated. The first problem that has been defined is that there is a sheep shortage for making the sweaters which is obvious because there are less and less sheep to shear for the increase in the demand for wool which has affected the suppliers that K.K. Legume Inc.…
FindLaw. (2011). Breach of contract and lawsuits. Retrieved from http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-breaching.html
Path Finder Advisors. (n.d.). How to brief a case brief format irac method. Retrieved from http://pathfinderadvisors.org/classwork/Briefing%20Cases/HOW%20TO%20BRIEF%20CASE.pdf
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…
Poverty rose after the Islamic evolution, and so did unemployment, leaving Iran largely uncompetitive in the global marketplace. Their largest export is the sale of oil and gas, and Iran holds what is estimated to be 10% of the world's oil reserves, so their economy is growing again, and they are successfully paying off old debt that was restructured in the 1980s (Editors).
While Iran was sinking into a depression, Israel, on the other hand, was gaining ground in many areas of their economy. While they still have to import oil, and that continued during the 1975-1985 time period, their economy has modernized and gained much more ground and diversity than Iran's, at least today. However, from 1975 to 1985, the economy was a very different story. While Iran was undergoing a boom because of oil prices, Israel enjoyed no such luxury. In fact, their resources were depleted after the…
Coutsoukis, Photius. "Israel's Economy." Photius.com. 2004. 3 July 2008. http://www.photius.com/countries/israel/economy/israel_economy_economic_growth_and_~13.html
Editors. "Iran's Economy." Iran Trade Association. 2008. 3 July 2008. http://www.iraniantrade.org/doinbiz/econ.asp
Kirshner, Sheldon. "Israel's Ties With Iran Have Been Mercurial." CanadianJewishNews.com. 21 February 2008. 3 July 2008. http://www.cjnews.com/index.php?option=com_content&task=view&id=14065&Itemid=86
Melman, Yossi. "How Israel Lost to the Iranians." Iran Press Service. 2006. 3 July 2008. http://www.iran-press-service.com/ips/articles-2006/december2006/iran_israel_oil_071206.shtml
Production Case Study
PICE NEGOTIATION MEMOANDUM
(The prenegotiation objectives establish the Government's initial negotiation position. They provide parameters that will be used in the contracting officer's final determination of a fair and reasonable price. They should be based on the results of the acquisition team's analysis of the offeror's proposal, taking into consideration all pertinent information including field pricing assistance, audit reports and technical analysis, fact-finding results, independent Government cost estimates, and price histories. The contracting officer must establish and document prenegotiation objectives before the negotiation of any pricing action.
A PNM must be a stand alone document that will pass scrutiny in court. The reader should not have to refer to audits or technical reports to make sense of the PNM.)
TEAM MEMBES: (List the first and last names and positions of each person representing the Government here.)
First and Last names
Senior Contracting Specialist…
CON 217 (nd). Cost Analysis and NEGOTIATION Technique
© Management Concepts Incorporated
federal grant application process. According to Grants.gov, a federal grant is an award of financial assistance from a federal agency to a recipient "to carry out a public purpose of support or stimulation authorized by a law of the United States."
The grant process is detailed and specific, with rules that must be closely adhered to. Although a few individuals receive federal grants, most federal grants are awarded to organizations, institutions, and state and local governments planning major projects that will benefit specific sectors of the population or the community as a whole. Organizations that receive government grants are subject to strict government oversight. They must meet detailed government performance standards during the duration of the project and funding period of the grant. Failure on the part of the grant recipient to perform under the requirements of the grant can result in penalties that range from economic sanctions to prison…
Governmental healthcare centers concentrate on providing primary care to individuals and to control and manage the spread of infectious diseases and to manage natural disasters (Christian et al., 2008). However, in the public domain, health care differs from one country to another. This can be specifically applied in developed nations, where social, economic and political factors are most likely to influence public health policies and centers and their accessibility and availability (Christian et al., 2008). This research proposal concentrates on presenting an overview and detailed background of health centers in English-speaking countries. The countries selected are Australia, Canada, the United Kingdom and the United States.
Governmental health care centers concentrate on the provision of primary care to individuals and on controlling and managing the spread of infectious diseases and managing responses to natural disasters (Christian et al., 2008). However, in the public domain, health care differs --…
About NHS hospital services. (2013). National Health Service. Retrieved from http://www.
Christian MD, Devereaux AV, Dichter JR, et al. (2008). Definitive care for the critically ill during a disaster: current capabilities and limitations: from a Task Force for Mass Critical
Care summit meeting, January 26 -- 27 2007 Chicago, IL. Chest. Vol. 133(Suppl):8S -- 17S.
Contracts, Contract Law, And Society
Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.
Elements of a Contract
The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent…
Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from: http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .
Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.
"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from http://www.hfrr.k-state.edu/doc3109.ashx .
Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from: http://www.law.cornell.edu/ucc/2 .
Government Shutdown was the period when the routine operations of the United States federal government were curtailed. This happened because the legislative body was not able to successfully pass the legislations related to the funds for the next fiscal period. This shutdown continued to several days and was considered to be the third longest government shutdowns in the history of the United States that took place in the last quarter of the year 2013 (Kille, 2013).
From the past government shutdowns, the fact has been exposed that it only leads to negative and far reaching impacts on the overall financial system and wealth of the county. In a very similar manner, the 2013 government shutdown has also exhibited unnecessary damage on the economy of the United Sates. Economic disruption, harmful effects on Federal programs and services (that were supporting businesses and citizens of United States), loss of revenues to the…
Alter, D. (2013). The Full Cost of the Government Shutdown. Retrieved from Money Morning website: http://moneymorning.com/2013/11/13/the-full-cost-of-the-government-shutdown/
Burwell, S.M. (2013). Impacts and Costs of the Government Shutdown. Retrieved from The White House website: http://www.whitehouse.gov/blog/2013/11/07/impacts-and-costs-government-shutdown
Kille, L.W. (2013). Economic effects of the 2013 U.S. federal government shutdown. Retrieved from Journalist's Resource website: http://journalistsresource.org/studies/government/budget/economic-effects-2013-us-federal-shutdown#
Needleman, S.E., Loten, A. & Simon, R. (2013). Small Firms Grapple With Roadblocks Caused by Shutdown. Retrieved from The Wall Street Journal website: http://online.wsj.com/news/articles/SB10001424052702303492504579111590750304108
Established equired Contracting Policies
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…
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.
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,…
Cost-Reimbursement Contracts (2011) GovWin.com. 18 Oct 2010. Retrieved from: http://govwin.com/knowledge/cost-reimbursement
Philpott, D. And Cook, SP (2010) Managing Cost Reimbursable Contracts. Government Training, Inc. Retrieved from: http://governmenttraininginc.com/pdfs/Cost-Reimbursable-TOC-Excerpt.pdf
Title 48: Federal Acquisition Regulations System. Part 1516 -- Types of Contracts. Subpart 1516.3 -- Cost-Reimbursement Contracts. (2012) e-CFR Data 7 Sept 2012. Retrieved from: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div6&view=text&node=48:22.214.171.124.13.1&idno=48
Federal and State Government
An Analysis of Powers in Federal and State Government
The debate over having a strong central government or strong state government in the early days of the epublic seemed to fall on the side of the states. But as the years have proven, the Constitution, which extended very specific powers to the U.S. government, has come to be interpreted in ways that would extend even more power to the central government than at first seemed possible or even permissible. This paper will show what powers are actually extended to the federal government (according to the Constitution), what powers are extended to the state governments, the power limitations of both, and the powers that overlap.
As Ellis Katz (1996) states, "The Constitution, as written and ratified, creates a system of dual federalism in which both the national government and the states are sovereign in their respective spheres…
Katz, E. (1996). United States of America. Retrieved from http://www.federalism.ch/files/categories/IntensivkursII/USAg2.pdf
McClellan, J. (2000). Liberty, Order, and Justice. IN: Liberty Fund.
U.S. Constitution. Retrieved from http://www.archives.gov/exhibits/charters/constitution_transcript.html
OVISIONS (FA) AND CONTACT
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…
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
Federal Government has increased its presence in many ways in the last decade and has supplied much of the economy with its own purchases. These government acquisitions are important because they represent the collective buying power of the American people. The purpose of this essay is to examine the system of regulation that supplies the rules to government purchase entitled the Federal Acquisition egulation (FA). To demonstrate the practical usage of this regulation this essay will use four different types of contracts and investigate the details of these rules creating effective, efficient and accountable acquisition planning.
Fixed Price Contracts
The FA's Subpart 16.2 supplies the necessary information about these types of purchases. According to the text, " Fixed-price types of contracts provide for a firm price or, in appropriate cases, an adjustable price. Fixed-price contracts providing for an adjustable price may include a ceiling price, a target price (including target…
Ashline, L. (2012). Contracting 101: Cost Reimbursement and Cost Plus Contracts.Gov Win Network, 27 Mar 2012. Retrieved from http://govwin.com/lindleyashline_blog/contracting-101-costreimbursement-and - costplus/423992
"Federal Acquisition Regulation (FAR)." Viewed 3 May 2013. Retrieved from http://acquisition.gov/far/index.html
US Small Business Administration. "Federal Acquisition Regulations." Viewed 3 May 2013. Retrieved from http://www.sba.gov/ content/federal-acquisition-regulations-far
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…
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. .
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…
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
This is where incentives come in to play. agner quotes Rudolf Hickel who distinguishes between an entrepreneurial state and a tax state (our present state of affairs). Hickel and Schumpeter both see the tax state as acting outside the normal laws of contract and property to confiscate wealth. The entrepreneurial state is just the exact polar opposite of this. Corporatist principles that have been incorporated into this system. Corporate structures were in their infancy in 1787 when the U.S. Constitution was written, hence the lack of corporatist principles (ibid, 56-57). e must now incorporate the wisdom of two centuries of follow on experience.
These corporatist principles would turn a government entity like a city into a private corporation with stockholders that would provide services. In this view, government has created some markets. It is in the market already. Therefore, for us to bring the entrepreneurial state, we need to introduce…
Barth, A. (1991, Feb ). The roots of limited government. Retrieved from http://www.fff.org/freedom/0291c.asp .
Domesticating the leviathan. (2007). Retrieved from http://homepage.mac.com/npayne/leviathan.html.
Johnson, K. (2011, November 9). Tsa's expansion is questioned. Retrieved from http://www.joplinindependent.com/display_article.php/wildblue1320890017 .
Standt, N. (2010). Taxation without representation. Evanston, IL: Northwestern University School of Wagner, R.E. (1993). Parchment, guns and constitutional order. Northamton, MA: Edward Elgar Pub.
Such a process takes generations and the political will for the endeavor must be sustainable in order to promote a definite trajectory of change. Therefore, one of the quantifiable results for the process of decentralization would be the constant support for the process with the change of the generations of politicians.
Another quantifiable result would be the level of participatory presence at the polls. More precisely, the process of decentralization brings the actual issue of politics closer to the electorate and therefore easier to influence. egardless of whether the political process can be influenced at the local level or not, there should be an increased participation in elections whether they are local or state elections. This would prove a much bigger interest in the political process particularly as a result of decentralization because the electorate becomes aware of the possibility it has to change one bill or a law which…
Decentralization Thematic Team. General information. 2010. Accessed 31 July 2010, from http://www.ciesin.org/decentralization/English/General/Different_forms.html
Dunleavy, Patrick and Brendan O'Leary. Theories of the state: the politics of liberal democracies. New York: Palgrave Macmillan, 1987.
Staab. Andreas. The European Union Explained: Institutions, Actors, Global Impact. New York: Indiana University Press, 2008.
United Nations Development Program. Local governance and decentralization in Europe & CIS. 2010. Accessed 31 July 2010, from http://europeandcis.undp.org/governance/lgdc
U.K. Government: Social Policy Theory & Practice
The objective of this study is to answer all four questions stated as follows: (1) What is the social administrative tradition? (2) What is meant by liberal welfarism? (3) Explain the parliamentary policy- making process? In addition (4) Detail the New Right critique of the welfare state?
Social Administrative Tradition
Grover Starling, administration scholar is reported to have described six characteristics of government's public administrative responsibility: (1) responsiveness; (2) flexibility; (3) competence; (4) due process; (5) accountability; and (6) honestly. (Shiguang, nd) Traditional government responsibility is noted to be that of maintaining public order. (Shiguang, nd) The World Bank identifies four primary administrative traditions as being those of: (1) Anglo Saxon (minimal state); (2) Continental European: Germanic (organicist); (3) Continental European: French (Napoleonic); and (4) Scandanavian: (mixture of Anglo-Saxon and Germanic). The most fundamental difference is reported to be "between the Anglo-Saxon and…
PC's, Central-System Computing, and Government Functionality
In this article, the authors use correlational methods to prove their point-of-view. The way that this is accomplished is through a survey. They used percentages comparing two sets of subjects as well as a statistical analysis based on Cramer V scoring. The importance of the correlation was based upon whether or not the values in the study were greater than.20 on the Cramer V scale. If the score was under.20 it showed a weak relationship, while scores greater than.20 on the Cramer V scale showed a moderate relationship.
The authors address the computing problem quickly. The problem being the widespread belief that PC's can easily and cheaply replace mainframe computers in governmental operations (page 1, paragraph 3, lines 1-4). The problem itself was deduced from research studies completed over the last decade and is answered by the study conducted by the authors. The objective…
American Government Structure and Foundation" to a group of new citizens, what would you say?
I want you to know that it just doesn't get any better than this. In everything I say today, you're going to notice some really negative things. But every time you think I'm complaining, keep in mind that I know -- it just doesn't get any better than this. America has the worst form of government imaginable, except for every other kind of government in existence.
Let me tell you a few secrets about American Government Structure and Foundation. Officially, it's a republic. That means the people get to elect representatives who they trust to govern them, and those rulers are subject to other external checks and balances such as judges, and constitutions and so forth. The external checks serve to protect the rights of the individual from the tyranny of the majority, and…
ar and Occupation: The Effects of the U.S. Occupation on Japan's Government and Politics
The recent change in the American foreign policy direction which has seen the replacement of its traditional anti-colonialist tilt by the neo-conservative belief of guided nation building evokes a lot of interest in the history of United State's occupation of post world war II Japan. Although each such occupation is different -- the political, social and cultural environment as well as the historical context of every war and country being different-- it is interesting to study how the Americans handled the re-building of Japan in the post-orld ar II period.
There is no doubt that the United State government's influence in shaping the future of Japan was overwhelming. In fact it would not be wrong to state that Japan's current political and economic status as a first world power is a direct result of the guiding…
Bell, P.M.H. "The World Since 1945: An International History.": New York: Oxford University Press, 2001
Dower, John W. "Embracing Defeat: Japan in the Wake of World War II." New York: Norton/Free Press:, 1999
Dower, John W. "Why Iraq is not Japan." Mercury News. Apr. 27, 2003. July 2, 2003. http://www.bayarea.com/mld/mercurynews/news/editorial/5728557.htm?template=contentModules/printstory.jsp
Gordon, Bill. "The Allied Occupation of Japan." May 2000. July 2, 2003 http://wgordon.web.wesleyan.edu/papers/alliedoc.htm
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…
"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
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 is one of largest government contractors operating in today's business world. According to their website their corporate overview statement…
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/
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…
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
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.…
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