...b) Full and open competition after exclusion of sources c) Other than full and open competition a. Full and open competition; Full and open competition means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. It is the preferred form of contracting and includes contracting by sealed bids, negotiation, and other procedures. Example: b. Full and open competition after exclusion of sources Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources c. Other than full and open competition Under this method, a bid or proposal is solicited from one, or very few, sources. Detailed justification and approvals are required to document the choice of other than full and open competition as a means of acquisition. Example: The Department of Homeland Security, Office of Procurement Operations, proposes to enter into a contract on a basis other than full and open competition. DHS has a requirement on a sole source basis to upgrade and maintain proprietary software at an estimated cost of $7,550,000. List the name and address of the proposed contractor(s). 2. What is meant by the term “ratification” of a contract action? Who has the authority to ratify and give an example where ratification might be appropriate. Ratification means the execution by an...
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...Assessment 1 Government Acquisition January 31, 2010 The first action in the 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...
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...Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 Highlights of the Bill The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 was introduced in Lok Sabha on May 11, 2015. It was referred to a Joint Parliamentary Committee on May 12, 2015. The Committee is expected to submit its report by the first week of Monsoon Session, 2015. Recent Briefs: The Juvenile Justice (Care and Protection of Children) Bill, 2014 April 20, 2015 The Railways (Amendment) Bill, 2014 February 13, 2015 Mandira Kala mandira@prsindia.org Prachee Mishra prachee@prsindia.org July 17, 2015 This Bill amends the principal Act passed in 2013. The Bill enables the government to exempt five categories of projects from the requirements of: (i) social impact assessment, (ii) restrictions on acquisition of multi-cropped land, and (iii) consent for private projects and public private partnerships (PPPs) projects. The five categories of projects are: (i) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors, and (v) infrastructure including PPPs where government owns the land. The Act would apply retrospectively, if an award had been made five years earlier and compensation had not been paid or possession not taken. The Bill exempts any period when a court has given a stay on the acquisition while computing the five...
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...1.What is the concept of procurement in the context of the public sector? Investopedia.com defines procurement as the act of purchasing. In the public sector, procurement is the acquisition of products and services on behalf of the government (2016). The Office of Federal Procurement Policy (OFFP), which was created by congress in 1974 to guide government-wide procurement policies to promote efficiency and effectiveness in the acquisition process. The OFFP states that it is very important for the government to ensure that it spends money wisely and eliminates waste and abuse of taxpayers’ dollars (OFFP, 2016). 2.What differentiates the concept of procurement in both the private and public sectors? Why is public sector procurement different from private sector procurement? Corporate procurement in the private sector can be a “complex and lengthy process”. Therefore, many major corporations hire a Chief Procurement Officer to deal with all major acquisitions for the company (Investopedia). The main difference between public and private procurement is that in the private sector they have a more flexible budget for the acquisition of products and services, whereas in the public sector the budget is limited due to the OFFP, which ensures that the government spend taxpayers’ dollars wisely. Rocheleau, states that if an organization agrees to purchase from outside vendors; they must request an RFP or related mechanisms to obtain detailed bids. Some of the approaches detailed...
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...directs that the Government Information Technology Shop be operated exactly as an efficient and profitable business would be operated. Acquisition, planning and management of technology must be treated as а "capital investment." Because this law is complex, all consumers of hardware and software in thе department should be aware of thе Chief Information Officer (CIO) leadership in implementing this statute. Clinger-Cohen Act Thе Clinger-Cohen Act was enacted as а response to а report released by U.S. Senator William S. Cohen of Maine in 1994 called "Computer Chaos: Billions Wasted Buying Federal Computer Systems." This report outlined thе many ways that the government squanders taxpayer funds on outmoded and unwanted computer equipment. Some of thе long-standing, systematic problems that thе Clinger-Cohen Act was enacted to resolve include: • Insufficient attention to thе way business processes are conducted and to opportunities to improve these processes before investing in thе Information Technology that supports them; • Investments in new systems for which agencies had not adequately planned and which did not work as intended, little to improve mission performance; • Implementation of ineffective information systems resulting in waste, fraud, and abuse; • And outdated approaches to buying IT that do not adequately take into account thе competitive and fast pace nature of thе IT industry. Thе Clinger-Cohen Act functions to streamline IT acquisitions and minimize layered...
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...There is a reasonable expectation of receiving more than one sealed bid. 3 .Price and only price related facors 4. Contracting officers shall solicit sealed bids if—(1) Time permits the solicitation, submission, and evaluation of sealed bids; The award will be made on the basis of price and other price-related factors; It is not necessary to conduct discussions with the responding offerors about their bids; and There is a reasonable expectation of receiving more than one sealed bid. 5. A recognition that the Government always seeks to obtain the best value in negotiated acquisitions using any one or a combination of source selection approaches, and that the acquisition should be tailored to the requirement. At one end of this continuum is the low priced technically acceptable strategy and at the other end is a process by which elements of a proposed solution can be traded off against each other to determine the solution that provides the Government with the overall best value. Note that all such tradeoffs are conducted according to the source selection factors and subfactors identified in the solicitation. 6. (a) A tradeoff process is...
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...2009 THANE MUNICIPAL CORPORATION, THANE All rights reserved Compiled & Prepared by D.P. Implementation Cell Thane Municipal Corporation, Dr. Almeida Road, Panchpakhadi, Thane – 400 602 CONTENTS 1.0 THANE DEVELOPMENT PLAN AT A GLANCE..................................1 1.1 1.2 1.3 1.4 1.5 Development plan of Thane City ................................................1 The salient features of the sanctioned development plan ..........1 Broad zoning ..............................................................................2 Status of Reserved Sites ...........................................................2 Issues and Concerns in D.P. Implementation.............................4 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 LAND ACQUISITION...........................................................................5 MAJOR POLICY DECISION .............................................................13 MODIFICATIONS TO DCR & DP .....................................................17 RESERVATION DEVELOPMENT PROGRAMME ............................19 AMENTITY / R.G. DEVELOPMENT PROGRAMME.........................23 AREA IMPROVEMENT SCHEMES & MISSING LINKS ...................27 RECOVERY OF DEVELOPMENT CHARGES .................................29 OTHER ACHIVEMENTS ...................................................................31 I ABBRIVATIONS BPAMS Cl Cr. CRZ DCR DDP DP ELU Enchr HA LDZ MR & TP Act. NUIS NDZ P.G. PPP PWD R.G. RR STP TDO TDR TMC TPS - Building Plan...
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...imperialistic societies achieved through colonialism; followed by wars and riots which lead to neocolonialism and finally to independence (Dominquez, Pastor and Worrel 1993). The post colonial era was the most active in relation to political thought and transformation as the social and economic issues of the “riot times” were examined. The minimal participation of the government in the laisser- faire ideological infrastructure that governed that period was the major purpose for change and as the full political responsibility for government was localized and the drive to industrialization spearheaded the drive for economic development trough the passage of Public Enterprises in Caribbean states. Caribbean governments wanted full participation in the commercial markets; what Mr. Norman Manly avidly describes as “commanding the heights of economy”. This thirst was quenched as some countries took steps toward the socialist perspective of controlling economies; this step caught the attention of other Caribbean governments and evoked further participation in the commercial and industrial development undertaken by governments. Social welfare is not to be forgotten. Vivid memories of harsh treatment, prejudice, hard labour only to suffice the needs of metropolitan powers is an important element in the adaptation of public enterprises. “Man needs material security, because he has physical needs, access to homes, jobs and education…” (Manley 1990). It can be clearly seen that the creation...
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...1. Identify, in a SWOT analysis, the critical aspects you have discovered from the application of your chosen models to the industry and to Blackberry. Strengths 1. Highly secure phones; The primary RIM’s competitive advantage is its very secure mobile phones. The company released its phones with secure encrypted network that allowed sending emails between phones without possibility of stealing the information. This became the USP (unique selling proposition) of Blackberries and was a very attractive feature for corporates and governments that other phones didn’t have. As a result, BlackBerry became no.1 choice for enterprises and governments 2. Strong focus on narrow customer segment; Unlike other mobile phones and smartphones companies, BlackBerry tries to appeal for a narrow customer segment – governments and corporates. The result is a more focused approach to satisfying the needs of this narrow segment, something that other businesses rarely do. Weaknesses 1. Inability to market the brand; BlackBerry’s brand was known for the market long before Apple’s iPhone launch or Samsung’s Galaxy success. When the iPhone was launched, RIM had a better quality BlackBerry phone in the market, enjoyed larger sales and greater brand reputation but was unable to build on that due to poor marketing efforts. It spent and continues to spend significantly lower amounts ($41.3 million) on marketing, about 10 times lower than Apple ($400 million) and 8 times lower than Samsung ($334...
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...Current Situation To understand the situation in which the company is currently in, you must first think of the external factors that are affecting the company and the industry as a whole, namely the political, economical, social and technological factors. Political factors * The pharmaceutical drugs laws are becoming far more complex and strictly enforced. As well, international pharmaceutical companies have the increased challenge of facing different requirements, processes, and laws for different countries to navigate through. This can cause many companies to divert from plans to expand into new markets. Companies need a lot of organization between legal departments, development teams and executives to be successful. * The importing of goods over international borders brings up the issue of taxes. The taxes imposed on imported goods greatly affect the profit margin, and the selling price. This results in domestic goods being more competitive in the market. With the increasing trade agreements between countries this is becoming less of an issue, however there still are big barriers of entry for some markets. The decreasing cost of shipping international packages has also played a role in increased number of imported goods. * With the increasing popularity of pull through marketing in the pharmaceutical industry, there has been an increased compliance with legal requirement. As with the drug developing laws, each country has their own requirements to go through...
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...Government of India Ministry of Power **** ULTRA MEGA POWER PROJECTS 1.0 Background 1.1 Development of Ultra Mega Power Projects (UMPPs) has been identified as a thrust area. These are very large sized projects, approximately 4000 MW each involving an estimated investment of about Rs. 16,000 crore. These projects will meet the power needs of a number of States/ distribution companies located in these States, and are being developed on a Build, Own, and Operate (BOO) basis. In view of the fact that promotion of competition is one of the key objectives of the Electricity Act, 2003, and of the legal provisions regarding procurement of electricity by distribution companies, identification of the project developer for these projects is being done on the basis of tariff based competitive bidding. Guidelines for determination of tariff for procurement of power by distribution licencees have been notified in January 2005 under the provisions of the Electricity Act, 2003. The Power Finance Corporation (PFC), a PSU under the Ministry of Power, has been identified as the nodal agency for this initiative. 1.2 Salient features of the Plant and Choice of Technology · The Ultra Mega Power Projects would use Super Critical Technology with a view to achieve higher levels of fuel efficiency, which results in saving of fuel and lower green-house gas emissions. · Flexibility in unit size subject to adoption of specified minimum Supercritical parameters. · Integrated power project with dedicated...
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...Report Outline Government regulation over business mergers and acquisitions Introduction 1. Should the government regulate mergers and acquisitions more carefully? 2. Purpose of the Study 3. Scope of Study 4. Method and Procedures Analysis 1. Positive opinions 2. Negative opinions 3. Government action Summary, Conclusion, and Recommendation 1. Summary 2. Conclusion 3. Recommendation Government regulation over business mergers and acquisitions Prepared for Anne Joiner English Professor Central Washington University Prepared by Diep Chu July 18, 2012 To: Senator Joseph Smith From: Diep Chu Date: July 18, 2012 Subject: Government regulation over business mergers and acquisitions I submit the accompanying report, authorized by Anne Joiner, English Professor at Central Washington University, Des Moines, on the research of mergers and acquisitions in market. Available literature and government Web sites were examined in order to answer the question: Should the government regulate mergers and acquisitions more carefully? The report employed secondary research using electronic sources of scholarly articles, government publications, and companies’ articles through the Internet due to the research time and funding limitation. All research was conducted in mid-July, 2012. This research project has been a fantastic experience for me when I get to know more details about the popular issue currently happen in our...
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...govern different activities. These laws are drawn from a wide range of sources, and they differ from one place to another. These laws define how individuals in a country relate to one another. Business is, however, governed by a different set of laws. This collection of laws gives different rights, sets out rules of engagement and provides a means through which oversight on trade and commerce can effectively be carried out. For a business to be carried out efficiently there are a various activities that need to be carried out, these include; recruitment of staff, marketing of products and selling goods and services, production, acquisition of raw materials and various activities involved in raising capital for business. All the above activities are complex and involve interactions at numerous levels with other individuals, businesses and the government. Laws to govern all this activities are hence very necessary as disputes may arise. To build a workforce requires business to employ people. This employment is governed by labor laws. Among other things, these laws contain terms for remuneration, hours that an employee is to work; they also have rights of each employee and laws that take care of compensation. Labor laws also set out the terms and conditions for hiring employees from foreign countries. The law states that all foreign employees should be eligible for the job. They are also protected by all the other laws in relation to workplace discrimination as well as remuneration...
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...Land acquisition bill - Boon or Bane Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 was recently passed by the Parliament. The Bill has provisions to provide fair compensation to those whose land is acquired by public or private sector. There are advantages and disadvantages of the bill. ADVANTAGES OF THE BILL It brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. This legislation will benefit both industry and those whose livelihood is dependent on land. It provides two times more compensation in urban areas and four times more compensation in rural areas than the circle price. The circle rates are decided by the local government on the basis of average sale price for the last 3 years or last 3 months whichever is higher. The bill establishes regulations for land acquisition as a part of India's massive industrialization drive driven by public-private partnership. The bill will be central legislation in India for the rehabilitation and resettlement of families affected by land acquisitions. In addition the bill has a provision by which states can add some more benefits to it. The bill will eclipse the eminent domain criteria and introduce voting criteria in which 80% of the people should say yes only then land will be acquired. The Bill will replace the decade old Land Acquisition Act of 1894, which...
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...Should Be—Different” The paper “Why Governmental Accounting and Financial Reporting is—And Should Be—Different” compares governmental accounting and financial reporting to that of the approach used in for-profit business enterprises. It also states specific reasons why governments should be different. There are environmental differences between governments and businesses that call for a different approach. First, governments have different purposes for their operations. For-profit entities strive to create wealth and to meet return on investment goals. While governments on the other hand are actually trying to enhance or maintain quality of life with services that are dictated by public policy goals. They also must consider efficiency, effectiveness, and economy when they evaluate public policy. Secondly, governments and for-profit business entities differ in the way they generate revenue. Governments generate income through involuntary taxes. Customers of for-profit business entities have a choice of what services they purchase and where they buy. The same does not apply for the governmental customer. The users of their reports also differ. Citizens and their elected representatives are users of government reports. They are as interested in the “why” as they are the “how much” when they read a financial report. They use governmental financial reporting to support their discussions of public policy such as what services can be delivered, what resources can be used to pay for...
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