...Professor Lateefah Muhammad LEG 440- Procurement and Contract Law July 25, 2012 Introduction Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion. Review and Discussion Legal Framework At present, federal procurement contracts are governed by a number of statutory and regulatory requirements, including the Federal Acquisition Regulation (FAR) (Nou, 2009). The FAR sets forth detailed procedures concerning virtually all aspects of the federal procurement process including notice and competition as well as awards and contract management (Nou, 2009). In addition, the Competition in Contracting Act of 1984 mandates that federal government agencies use one of two defined...
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...Project to Improve Financial Reporting and Auditing (PIFRA)”, a World Bank Pakistan project. The objectives of PIFRA is improvement of governance in fiscal management sphere to achieve the vision of strengthened Integrated Financial Management System (IFMS) of the country. • I ensured that each project and i worked in “GO LIVE” on PIFRA platforms and managed all of that through the following: • Assessing the Hardware and software requirements for the project implementing entity. • Updating the Project Accounting system with New Accounting Manual(NAM) Codes. • System and data mapping. • Test Runs • GO LIVE Provided with a computer terminal that is directly linked to the PIFRA transaction server of the Controller General of Accounts establishment (i.e. AGPR, AGs, DAOs and Treasuries). The project’s non-lapsable budgets is loaded into the system at the project implementing entity by the project’s Finance Manager. A sub-account of the consolidated fund shall be established for each donor-funded project, representing the project’s Designated (Special) Account. Each time a payment is processed through the system by the project implementing entity, the transaction will be charged against the sub-account of the consolidated fund of the government and defaulted as a charge against the Bank account of the project. This Bank account will be denominated as the sub-account of the consolidated fund. The project manager at the implementing entity shall also be accorded the powers of a...
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...Federal Procurement Framework By Michael R. Baran LEG 440: Procurement and Contract Law Instructor: Dr. Masheika Allen 17th of July 2011 Federal Procurement Framework We need to how the Federal Procurement Framework is suppose to work. We need to have understanding of the protest framework, which are going to be the basic procedures, remedies and a discussion of who can bring a claim. Next we need to have an understanding of the sealed and competitive bidding process. By filing a protest, the company is seeking an injection to prevent the government from proceeding with the solicitation because of their contention that it is unduly restrictive of competition. When a company wants to protest a bid they are not agreeing with the decision of the contracting officer or the government agency that is regarding a contract bid or awarded contract. The regulations that are provided for you with ways to make our voice heard are most commonly, with a bid or award protest. For a company to file a protest they must be an ‘interested party’. They must have a direct economic interest in and need to potentially going to be affected by the contract award or the failure to award a contract. If the protest was sustained, then the company who did the protest could be in line for the award. According to (Government Contracts; Federal Bid Protests) “Your protest to the procuring agency may be either pre-award or post-award, and will almost certainly be heard...
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...Methodology Richard H. Hopf Deputy Assistant Secretary for Procurement and Assistance Management Department of Energy David J. Litman Director, Office of Acquisition and Grants Management Department of Transportation Lloyd W. Pratsch Procurement Executive Department of State Ida M. Ustad Deputy Associate Administrator for Acquisition Policy General Services Administration Robert A. Welch Director for Acquisition Management and Procurement Executive Department of Commerce Terrence J. Tychan Deputy Assistant Secretary for Grants and Acquisition Management Department of Health and Human Services Pauk A. Denett Director of Administration/Senior Procurement Executive Department of Interior Moving from Performance Measurement to Performance Management Guide to a Balanced Scorecard: Performance Management Methodology Preface T he members of the Procurement Executives’ Association (PEA) - an informal association of civilian procurement executives - have redesigned their programs for performance evaluation and management of acquisition systems. They have moved from headquartersbased, process-oriented oversight programs to ones which rely more on self or local assessment of performance against departmental or agency expectations. Through the use of assessment approaches based on performance measurement models developed by a federal interagency team chartered by this Association, the participating procurement organizations have fundamentally redesigned performance...
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...OF CONTENTS………………………………………………………………1 1. INTRODUCTION …………………………………………………………………...3 2. OBJECTIVES OF THE RESEARCH……………………………………………...4 3. PROBLEM STATEMENT……………………………………………………….....4 4. METHODOLOGY………………………………………………………………….. 5 5. IMPORTANT ISSUES RELATED TO PROCUREMENT PERFORMANCE MEASUREMENT……………………………………………………………………...6 5.1. DEFINITIONS…………………………………………………………………….6 5.2. WHY MEASURING PROCUREMENT PERFORMANCE……………….7 5.3. CHARACTERISTICS OF PERFORMANCE INDICATORS……………..9 5.4. BOARDROOM ALIGNEMENT…………………………………………….10 5.4 EXEMPLE OF A DETAILED FRAMEWORK FOR MEASURING PROCUREMENTPERFORMANCE…………………………………………...10 6. MESEARING SSFR PROCUREMENT PERFORMANCE………………….13 6.1. SIMPLIFIED PROPOSED FRAMEWORK FOR PROCUREMENT PERFROMANCEMESUREMENT………………………………………………...13 6.2. CHALLENGES FACED BY RSSB PROCUREMENT IN THE AREAS OF IMPROVEMENT……………………………………………………………………19 7. CONCLUSIONS AND RECOMMENDATIONS……………………………...20 7.1. CONCLUSION…………………………………………………………….……20 7.2. RECOMMENDATIONS…………………………………………………….…23 8. BIBLIOGRAPHY. …………………………………………………………….…24 MEASURING PROCUREMENT PERFORMANCE IN RWANDA CASE STUDY: SOCIAL SECURITY FUND OF RWANDA: 2010-2011 Abstract For decades procurement performance has been attracting great attention from different stakeholders due to poor performance resulting from non adherence to proper processes and procedures. It had been also proved that performance measurement is the key driver to improving quality of services...
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...Running head: SENIOR LEADERSHIP CHALLENGE Performance Based Service Contracting Impediments POINT PAPER PERFORMANCE BASED SERVICE CONTRACTING PROBLEM In last 10 years, the priority of the Federal Government has been to expand the use of Performance Based Service Acquisition (PBSA). Unfortunately, as whole, the Federal Government has been unable to achieve any of the PBSA targeted quotas as set forth by the Office of Management and Budget. BACKGROUND Performance Based Service Acquisition is a procurement method of contracting. It is structured around performance outcomes, objectives and measurable goals. The strategy of PBSA arose as a result of evolving Government practices to align with commercial business practices. PBSA employs a number of techniques, strategies and frameworks for the definition of program requirements, acquisition planning, competition management, performance measurement, contract structure, payment structure, and post-award contract monitoring and management. (“SARA Panel Draft Report,” 2006) In PBSA, the contractor is provided a Performance Work Statement (PWS) or a Statement of Objectives (SOO) in which the Government describes the end result. The contractor is also provided a Quality Assurance Surveillance Program (QASP) which specifies how and when the Government will assess the contractor’s performance of the tasks set forth in the PWS or SOO. (“Performance Based Service Acquisition,” 2009) In some cases, the...
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...Emerging Cybersecurity Policies in the Federal Government Information Assurance Officer and Risk Management Analyst Department of Defense. Emerging Cybersecurity Policies in the Federal Government Information Assurance Officer and Risk Management Analyst Department of Defense. CSEC 655 UMUC Individual Assignment 1 September 16, 2014 CSEC 655 UMUC Individual Assignment 1 September 16, 2014 Table of Contents Emerging Cybersecurity Policies in the Federal Government 3 Emerging Policies and Practices 4 Defense in Depth (DID) 5 Security Risk Frameworks 6 Test Driven Development 8 Business Service Frameworks 9 Acceptance and Preparation for Failure 11 The Federal Government and these Emerging Policies and Practices 13 The Feds and Defense in Depth 14 The Feds and Security Risk Frameworks 14 The Feds and Test Driven Development 16 The Feds and Business Service Frameworks 17 The Feds and Acceptance and Preparation for Failure 19 How could the Feds continue to improve 20 References 22 Emerging Cybersecurity Policies in the Federal Government One of the largest and most important enterprises there is to protect in the cyber security realm are the various networks that make up the federal government. This massive undertaking to secure the systems, networks, and data of the various governmental agencies is a never ending uphill battle. The requirements of the federal government enterprise to be globally far reaching, as well...
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...planning process for a major procurement such as a Contracting Writing system is to determine the requirements of the procurement. Engelbeck( 2002), states “It is a fundamental policy that all government requirements are based on a need that is tied to a mission.” FAR 7.105 lists the requirements of a written acquisition plan and states, in part: “Introduce the plan by a brief statement of need. Summarize the technical and contractual history of the acquisition. Discuss feasible acquisition alternatives, the impact of prior acquisitions on those alternatives, and any related in-house effort.” In this case, the need is to improve an existing capability within the Department of Agriculture, since they already write proposals and contract to support agency needs. The technical history of the acquisition would consist of information about how the need was identified and why the procurement is needed. For example, perhaps a review of the contracting system at the Department of Agriculture suggested that overall contracting costs could be reduced by automating the proposal and contract writing function. The statement of need would also contain information about any alternatives considered and explain why this acquisition was selected to fill the need. Since the Department of Agriculture is currently writing contracts and proposals, the acquisition team can review the system being used currently and use the information gathered as a framework for developing the requirements...
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...Christy Leek United Network of Organ Sharing (UNOS) The UNOS mission is to advance organ availability and transplantation to support patients through education, technology and policy development (UNOS, 2015). There is 122,571 people awaiting a lifesaving transplant (UNOS, 2015). UNOS has a computerized system which stores vital information about each patient who is in need of a transplant, and matches all donor organs with someone on the waitlist. The system works every day for 24 hours a day. It does not take a day off for any reason. When a deceased donor organ becomes available then the UNOS computerized system will go through every single person that needs that particular organ and rank them to see who is suitable to receive it. There is no number ranking with UNOS. The system will screen patients by using the following criteria to match the donor organ, survival benefit, blood type, height, weight and other medical factor as well as wait time on the transplant list, this system is used for all organs. The other factor that is taken into consideration is the size of the organ and if it will fit nicely in the patient. The patients who rank highest on this list are usually the ones that need it urgently. Pediatrics candidates usually do better with other children’s organs and they have a unique scoring system that it goes through to match the donor organ with the patient. Organs are always offered other children’s organs first, if they don’t find a child to match then...
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...|[pic] |Course Design Guide | | |College of Information Systems & Technology | | |CMGT/442 Version 4 | | |Information Systems Risk Management | Copyright © 2010, 2009, 2008, 2006 by University of Phoenix. All rights reserved. Course Description This course identifies and defines the types of risks that information systems professionals need to consider during the development and implementation of computer based information systems. This course will survey remedies and prevention techniques available to address the risk areas present. Organizational policies and current regulatory considerations will also be examined relative to development, implementation, and use of computer based information systems. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials...
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...Federal Department of Economic Affairs, Education and Research EAER State Secretariat for Economic Affairs SECO Foreign Economic Affairs Directorate Factsheet Free Trade Agreement (FTA) between Switzerland and China Summary A comprehensive bilateral FTA between Switzerland and the People's Republic of China was signed by Federal Councillor Johann Schneider-Ammann and Minister of Commerce GAO Hucheng on 6 July 2013. Following initial exploratory contacts in November 2007, joint workshops in 2009 and a joint feasibility study in 2010, the negotiations were officially opened in January 2011. The agreement was then negotiated in nine rounds of negotiations and various intersessional meetings from April 2011 to May 2013. The FTA will improve mutual market access for goods and services, enhance legal security for the protection of intellectual property and bilateral economic exchange in general, contribute to sustainable development and deepen bilateral cooperation. For the vast majority of bilateral trade, the FTA will dismantle tariffs fully or partially, sometimes subject to transition periods. In the area of technical barriers to trade and sanitary and phytosanitary measures, sector-specific cooperation agreements are aimed at reducing non-tariff barriers to trade. For trade in services, more precisely defined rules compared to the GATS of the WTO will apply, e.g. for approval processes, as well as improved market access commitments for various services. Regarding intellectual...
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...Assessment 1 – Short Essay Unit: Contract & Procurement Optimisation 501 Word Count: 1678 Trimeser 3 2009 Face to Face GSB Perth Sam Tsakisiris (14110016) Contents Introduction……………………………………………………………………………3 Part 1 - Discussion of Statement…………………………...........................................3 Part 2 - Discussion of definitions…………………………………………...…………4 Part 3 - Discussion of two examples…………………………………………………..5 Conclusion……………………………………………………………………………..6 References.....................................................................................................................7 Appendices....................................................................................................................8 Introduction The following short essay will look to address a number of topics surrounding the basic tasks involved in the procurement process. The author will first address the following statement: “Procurement is simply a process that is never in the news. Even the tasks are simple: completion of the necessary forms, obtaining the necessary approvals and just issue the order. What is so difficult about that?” As part of the process of addressing the above statement, the author will uncover a number of academic & professional definitions of procurement, before arriving at his own. The author will then provide two examples of where procurement has been “in the news” and provide discussion how the definitions provided...
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...Institutional Framework of Federal Acquisitions By Russell E. Hall Legal 440 Professor Hutter Strayer University July 16, 2012 The biggest customer in the world: The U.S. Government. The federal government spends more than $400 billion on supplies and services each year. It actually spends $465,000 on average, every 20 seconds of every business day, for a contract (Stanberry, 2009, preface). In order for a business to become part of selling to that enormous market it must first understand the laws, rules, and regulations that govern acquisitions and procurement for the federal government. Discuss the importance of fixed price contract in creating effective, efficient, and accountable acquisition planning: Under a Fixed price Contract. FAR 16.201, the government agrees to pay a specific price (which includes the contractor’s profit) for completed work and delivered products. The fixed price contract is used for the procurement of commercial items as well as services when: * There is adequate price competition; * There is reasonable price comparisons with past purchases of the same or similar products or services made on a competitive basis are available; * Available cost or pricing information permits realistic estimates of the probable performance cost * Performance uncertainties can be identified, and reasonable estimates of their cost impact can be made. The government prefers a fixed price contract because the liability...
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...Technology Project procurement Process. IT-PROJECT PROCUREMENT PROCESES By Taiwo D. Ladeji PMAN 641 – Project Procurement Management Professor Michael Hagerman University of Maryland University College Date: 10-/2/2012 TABLES OF CONTENT Introduction and Objectives..…………………………………………………….1 Project Procurement Management Processes…...2 Plan Procurements…………………………………………………….……… …3 Conduct Procurement…………………………………………………………….4 Administer Procurement ………………………………………………………....5 Close Procurement………………………………………………………………..6 Conclusion……………………………………………………………………….7 References……………………………………………………………………...8 Introduction and Objectives According to PMBOK Guide (2003) project procurement management includes the process necessary to purchase or acquire products, services or resulted from outside the project team. Which includes the contract management and change control processes required to develop and administer contract purchase orders issued by authorized project team members? The objective of a procurement management plan is to describe the end-to-end procurement process that the project will use to acquire its goods and services. This plan will be completed in the Project Management Plan document. The purpose of project procurement is to acquire the goods and services necessary to achieve the project scope. The purpose of the project procurement management plan is to define the methodology that will be used by the project to manage project procurement. The plan describes...
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...VP, Oracle Practice Objectives/Agenda Provide a high level view of topics to consider when upgrading to R12 When is a “technical” upgrade possible What do I need to research more When is the right time for training What do I include in my budget/timeline Functional Topics Technical Topics 2 Overview Are you aware that… There are over 1500 new features in R12 A responsibility can now access data in multiple organizations R12.1 was released in April 2009 How does this impact custom Responsibilities How will all these new features be “discovered” Quicker data entry for shared services organizations The user interface to the Oracle Diagnostics scripts was rewritten in OA Framework in R12.0.6 12.0 focused on Financials 12.1 focused on everything else including HR Utilizes role-based access control requiring role grants from the user management responsibility Setup reports in diagnostics can help you find missing setups 3 FINANCIALS - GL 4 Financials - GL Legal Entities have significant functionality in R12 Should reflect legal corporate structure Utilized by Accounting Functions, E-Business Tax, Intercompany, and Bank Account Balancing segment is associated with legal entity – not ledger Bank account is owned by legal entity Align your Ledger structure with your business plan Operating units are associated with ledgers in R12 – not LE Position your business to accommodate...
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