...Getting the Contract Cecil T. Smith Dr. Calvin Lathan III BUS 319-Principles of Federal Acquisition and Contract Management February 28, 2013 Analyze the process of pre-negotiation to determine why it is so important to the company. Holding pre-negotiation sessions provides a forum for both parties to communicate their objectives. These can be held anywhere between one week to a month before negotiations, depending on the complexity of the negotiations and the amount of needed information to be gathered (Ghamami, 2011). The process of pre- negotiations is important to company for many of the same objectives they are to the government. Those objectives are spelled out for the government in FAR 15.406-1 Pre-negotiation objectives. (a) The pre-negotiation objectives establish the Government’s initial negotiation position. They assist in the contracting officer’s determination of fair and reasonable price. They should be based on the results of the contracting officer’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. (b) The contracting officer shall establish pre-negotiation objectives before the negotiation of any pricing action. The scope and depth of the analysis supporting the objectives should be directly related to the dollar value, importance, and complexity of the pricing...
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...planning. | Explain why it is so important to get these aspects of the event right and the consequences of getting it wrong. | Outline a specific example of one aspect of this requirement that might be important when running an event | Health & Safety | The health and safety is a legal requirement which is extremely important for the event organiser in order to make sure that all attendees are within safe environment during the event. There should be first aid kit available in case someone gets injured so the general medical health can be provided. The Health and Safety Act is the primary piece of legislation covering work-related health and safety in the UK. The event organiser has to take this into account and make sure that everyone who is involved in any of the event activities is also following health and safety regulations. The Health and Safety Act affects event planning as it requires extra time for the event organiser to make sure that everything is covered and the event attendees are completely safe. | It is important to get health and safety requirements right because it will show how much the event organiser really cares about health and safety of the guests and employees. Taking into account this legal requirement will reduce chance of accidents during the event. As long as the event organiser plans everything carefully there are less risks of someone getting injured or accidently injuring someone else. There are things that might happen due to not following health...
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...Business contract that is signed by someone lacking legal capacity can be made void. 1.2 When getting customers for the hotel to sign a contract there can be many ways that are acceptable and professional. By getting them to agree verbally to stay in a room, there can be many pro's and con's of this form of contract. The advantages of having a contract like this is that they are extremely easy to modify and change in short notice. Written leases tend to contain more provision, qualifications and responsibilities. Oral contracts also tend to be more simple and easier to understand. Disadvantages of the oral contract is that without having a physical paper copy to look at, it can be difficult to determine what the terms of the contract where and what was exactly agreed on. More problems may arise if one party in the contract attempts to manipulate the fact that there is no hard paper evidence of the contract, they may try to change it to their advantage. The next potential type of contract for customers at the hotel that is being considered is signing printed terms at the reception. The advantages of this way is that it reduces risks because both parties have acknowledged the contract and there is even a signature to prove that both parties know what they have signed. Another advantage is that the written contract can provide clarity, they are well written and are clear in stating what the contract holds. Problems that may arise are that written contracts are normal extremely...
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...Recognizing Contract Risk and Opportunities Memo Cliff Brown Business Law 531 April 6, 2011, 2011 Chris Phan Memo To: Span Systems Management From: Manager Date: April 06, 2010 Subject: Recognizing Contract Risk and Opportunities Management Team: There is grave concern with respect to the contract between Span Systems and Citizen-Schwarz and its ability to remain unharmed. The organization has made the decision to guarantee that this project gets done promptly and with first-rate quality of the outcome to enable Span’s opportunity of getting C-S’s e-CRM order. The accomplishment of acquiring the next contract with C-S is relies heavily on the current project’s status. The company is committed to getting this project finished affably between each party. The performance within the contract is one of the issues within the project. C-S’s position is we are late on schedule and our product deliverable is not the best of in quality as forecasted by C-S. The language of the contract maintains that C-S may not repeal the contract if greater than 50% of the project schedule has passed; however, C-S is demonstrating that the performance within this period has indicated the quality of product deliverables is inadequate and consequently it is within their rights to assert that we have not significantly executed. The project management team at Span will argue against this claim due to the amplified change of end user obligations. To rectify this, we have...
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...ACNB SHARON MALCOLM A4078694 RAKHI ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS 1.1 Issue: Were all the elements of a contract in place between Primark Direct and Presec Presetters? Rule: All the elements of a contract have to be in place for a contract to be valid. There are four essential elements to a contract which are: offer, acceptance, consideration and intention as i will explained below. Offer A person that makes an offer is called the offeror. The person whom the offer made is made to be called the offeree. (664 hand handbook) Essential reading Mckendrick chapeter 3 on offer and acceptance states that An offer is an expression of willingness to contract on certain terms. It must be made With the intention that it will become binding upon acceptance. There must be no Further negotiations or discussions required. Offers can be offered to the public and when acted upon the offer is accepted. A good example of an offer is the Essential reading McKendrick, Chapter 3: ‘Offer and acceptance’ – Section 3.1 ‘Offer and invitation to treat’ to Section 3.7 ‘Acceptance’ page (15 miss notes) hnd book 664 Carlill v Carbolic Smoke Ball co (1893) case summery. In this case the defendants were the manufactures of smokeballs which they claimed could prevent the flu. They published adverts stating anyone that used their smokeballs for a specific period of time and caught the flu would receive a payout of£100. Carbolic company proved they were...
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...much honesty and treating everyone as fairly as possible. In this situation I believe that Frank the salesperson is enticing Otis the buyer with perks to pick their product so that he could get the contract that Acme Corporation had been trying to get for so long. By Frank offering tickets to games or vacations he was able to get that contract. Sure, that seems enticing and it seems like Frank is building a relationship with Otis. However, if you really look at the big picture, Frank is actually using a tactic to bring Otis closer in to close the contract. Frank is not using the product he is making the decision to make the deal sweeter with extra perks. This is not ethical at all to do business this way. Yes you want to make your clients happy but you can make them happy using your company’s values and your company’s mission. It is not ethical to use gifts to get what you want in business. 2. What should Acme do if there is a desire to make ethics a part of its core organizational values? If Acme wants to make ethics a part of its values then they will definitely have to stop offering gifts just to get contracts. I mean you definitely want to make your clients happy and offer to them what works best for their company. However accepting gifts in place of getting a contract is not ethical and not how a business should run. 3. Identify the ethical issues of which Frank needs to be aware. Frank is just starting out with Acme, so I feel that he is trying really hard...
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...A contract can become a very important and essential part of any agreement between people. “A contract is a legally enforceable agreement that is created when two or more competent parties agree to perform or to avoid performing, certain acts that they have a legal right to do and that meet certain legal requirements”. (Anthony L. Liuzzo, 2010) Capacity means that “in the law sense, denotes some ability, power, qualification or competency of persons, natural or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as the capacity to devise, to bequeath, to grant or convey lands; or to take and hold lands, to make a contract and the like”. (The 'Lectric Law Library, 2011) The capacity matters when a contract is going to be written. It can become crucial to know the ability of the other party involved in the contract, this way you have a better understanding of how the agreement will function in the future. The wide-ranging belief of the law is that all individuals have a capacity to contract. A person who is trying to escape a contract would have to plead his or her lack of capacity to contract against the party who is trying to enforce the contract. For example, he would have to prove that he was a minor, adjudged incompetent or drunk or drugged, and so forth. Often this is the most difficult burdens of proof to overcome due to the presumption of one's ability to contract. “In most states, the standard for mental...
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...lands. Lands, farmers and crops these were the scenario of Bangladesh economy with very few industries. But now the economy is getting the base to stand on the industrial sector. Although the depiction of performance of the economy of Bangladesh is a mixture of success and failure but every time the process of doing business is changing ,and slowly but surely crossing steps to introduce the nation to the globe. The government and people of Bangladesh are entitled to take some pride in the degree of success they have achieved since independence. A country can’t go ahead with out its enriched economy. From the birth of the country, people of Bangladesh are trying to do so. Fate of Bangladesh put it’s on such a play ground where the strong players are also active with their strong position. In today’s competitive market situation the most uttered word is Brand Brand & Brand. Bangladesh is also part of this competition. They are also competing head to head with world renowned brands. There are so many brands in which Bangladesh have contributions in building those brands through maintaining the quality and global standards. With that experience Bangladesh have also built so many brands for them. The thing which is giving Bangladesh and other nations to add another item in their portfolio of economical activities is “contract manufacturing”. Contract manufacturing is a process that established a working agreement between two companies. As part of the agreement, one company custom...
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...CHAPTER-1 THE CONTEXT OF HRM 1: APPROACH, ORGANISATION AND LEGAL FRAMEWORK Definition of Human Resource Management “Human Resource Management is a central philosophy that people in the organization are managed and transition of this into policies and practice. To be effective the policies and procedures must be aligned with business or organizational strategy.” (Torrington and Hall) Nature of the human resource in organizations Human Resource Management brings organizations and people together so that the goals of each are met. The nature of HRM includes: 1. Broader function: HRM is a comprehensive function because it is about managing people in the organisation. It covers all types of people in the organisation from workers till the top level management. 2. People Oriented: Human resource is the core of all the processes of human resource management. So HRM is the process which brings people and organizations together so that their goals can be achieved. 3. Action Oriented: Human resource management believes in taking actions in order to achieve individual and organizational goals rather than just keeping records and procedures. 4. Development Oriented: Development of employees is an essential function of human resource management in order to get maximum satisfaction from their work so that they give their best to the organization. 5. Continuous function: As human resource is a living factor among all factors of production therefore it requires...
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...as corruption which has been present in the world for centuries, it is without a doubt an uphill battle. I feel that Boeckmann can be successful in corruption free contracting if the right steps continue to be taken. The fight against corruption needs to happen on multiple levels; financially, politically, and intellectually. One of the first steps in eradicating corruption is on the financial front. Fluor can do this by continuing to support leading advocacy groups. (1) There is the Organization for Economic Cooperation and Development (OECD). In 1998 more than 30 nations, including all of our major trading partners, implemented rigorous anti-bribery commitments mandated by OECD. (1) One company that pioneered the private sector getting involved with anti-corruption acts is the the Partnership Against Corruption Initiative (PACI). (1) Each signatory company agreed to maintain a zero tolerance policy towards bribery and corruption. Along with this a broad based anti-corruption program was implemented to guide the behavior of employees.(1) These two groups have set a foundation for the most basic form of consequentialism to be implemented. There is power in numbers. The more countries and corporations we can have signatory to these types of advocacy groups the more of a Utilitarian way of thinking will come about....
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...Attending my first professional game at 2 months old, I grew up idolizing them. Waking up each morning with the same dream in my head got me where I am today. Training very hard each day has molded me into the elite soccer player I am today. As a kid, I was a standout athletically, which was obvious on the soccer field. At the age of twelve I stated getting recognition from around the state on my soccer talent. I was approached by a professional club from my hometown, the Chicago Fire. They wanted me to play for their academy to hopefully one day sign a contract to play for the professional team. It was something as a kid I really didn’t fully grasp the idea. For me it was play for the team because it was the...
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...home be child protective services. They are currently living with her mother, and Freydia would like to regain custody of them. Since Freydia, is new to me I have to take the time to get a good assessment of her, does she really want to quit using? Does she really want her children back? How much is she willing to do to get her children back? The assessment is not something I can do just by listening to her, I need to watch closely and pick up on her non verbal gestures. By paying attention to both verbal and non verbal conversations as a clinician I can learn a lot about Freydia and evaluate her and what goals would be easiest for her to obtain at this time. After determining what goals works best for her we are now able to form a contract of sorts to go along with our goals prioritizing which might be more important than the next. After evaluating and assessing Freydia I have decided that making rehab a priority, would be the most important goal for Freydia to set, she would need to be sure to attend every meeting, and if she doesn’t think she can do that, she might have to become a resident in an inpatient rehab facility; another very important goal would be for her to cut off communications with the people that might under mind her goal of becoming drug free. Drug addiction can be one of the hardest things to follow through with and if Freydia was to continue to associate with the people she has used with, in the past it would be easy for her to relapse right back...
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...PROJ 410 Week 4 DQ 1 To Buy This material Click below link http://www.uoptutors.com/proj-410/proj-410-week-4-dq-1 The formulation of evaluation criteria has long-lasting implications throughout the life cycle of a contract. The result should be picking the right seller for the contract. In fact, the development of evaluation criteria has often been debated to be one aspect of contract procurement that needs to be closely coordinated with both the contract administrator and project manager. What are your thoughts on the role that the contract manager should have in the development of evaluation criteria? What about the project manager? Who else should be involved in establishing and applying the evaluation criteria? It is very common to find customers/clients that fail to identify the RFP evaluation criteria during the procurement planning process, and in fact do not define the evaluation criteria until after proposals have been received and the evaluation process is set to begin. What do you think the risk of waiting is until bids have been received to establish the evaluation criteria to be used to select a preferred vendor? Do you think that clearly defining the evaluation criteria as part of the procurement process also locks in the Client to making his/her selection based on the specific criteria identified, thus reducing the potential for a client making a selection purely on subjective criteria (even through the ranking of proposals on a pre-defined set of criteria...
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...Street in My Town” (Cooper, 2009). Masterpiece Construction increased its workload during the period covering the promised renovations for Grocery, Inc., causing Masterpiece Construction to subcontract the work for the renovation to Build Them to Fall. Once Grocery, Inc. realized the poor quality of work, the company petitioned for an injunction and filed a suit for breach of contract against Masterpiece Construction. Grocery’s request for specific performance is burdensome because Masterpiece Construction does not have enough labor to complete the contract for Grocery, Inc., thus creating a hardship for Masterpiece Construction. The personal service contract is the main reason the courts would not grant such a request because the “courts would find it difficult or impracticable to supervise or monitor performance of the contract” (Cheeseman, 2004, p. 311). Masterpiece Construction attempts to escape responsibility for the improper workmanship by formulating two arguments; these arguments include (a) commercial impracticability and (b) the right to delegate duties. Unless the original contract stipulated no delegation of duties by another company, Masterpiece Construction is within its contractual rights to seek help from Build Them to Fall; however, the inferior workmanship from Build causes an issue with Grocery, Inc because of the difference in building styles. Grocery, Inc is within its rights to contest the argument delegation of duties because the duties provided...
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...call from a record executive named, Tyrone Julius, who was the owner of a record label named “S.F.C. Records”, and he had offered Willis a 1,000,000 dollar contract. Once Willis heard the deal, all he could say was “SAY NO MORE, I’LL TAKE IT, WHEN SHOULD WE MEET!!! Tyrone Julius told Willis he would fly him out to New York, the very next day to ink the deal, and after Willis heard that, he knew he was about to blow up. The next day, when Willis arrived at the New York airport, he had a limo waiting for him and inside it was 3 beautiful women with champagne and rich people food. Once, he got to the...
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