...Final Exam: PROC 5890 1. You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approached you with a question. Jones and his company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 2,000,000.00) recently awarded to the Jimmy Smith Construction Company (Jimmy Smith, the prime contractor). Neither Johnny nor his company have ever been part of a government contract before. He wants to know the ramifications associated with being a subcontractor on such a contract. His specific concerns are with protecting his ability to directly protest issues and concerns through the various courts and agencies able to handle such protests. He is specifically concerned that he may be left with only the option of suing Jimmy Smith if anything goes wrong on the contract. He would also like to have some assurance that he will get paid if the prime contractor becomes insolvent. You have agreed to steer Johnny in the right direction. What do you tell him? Include the rationale for your advice. I would explain that he does have the right to sue the prime contractors under the Miller Act and they also would be able to take...
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...Legal Aspects of Procurement Management for a Successful Project Class: PROC 5890-Government Procurement Law Date: July 16, 2014 Instructor: The purpose of this paper is to focus on the legal aspects of procurement management and how procurement management plays a significant role in the success and management of a project. The topics that will be covered include the following: basics of common contract laws, cases involving procurement management decision, Federal Acquisition Regulation (FAR) regarding procurement management, Uniform Commercial Code (UCC) regarding procurement management, Statement of work (SOW), and project manager duties regarding procurement management. In order to discuss procurement management we need to first define what procurement management means in our society today. Procurement is the act of obtaining or buying goods and services. “The process includes preparation and processing of a demand as well as the end receipt and approval of payment. It often involves: (1) purchase planning, (2) standards determination, (3) specifications...
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...Situational Analysis: According to the United States Air Force Capital Flyer, in 1997, the Office of management and budget requested a cost comparison or A-76 study, over a three-year period that would affect 700 military and civilian positions within the Federal Government and military entities. The A-76 study reviewed the supply and maintenance operations to determine the effectiveness of maintaining these positions as military and Department of Defense (DOD) civilian entities or privatizing the positions through outsourcing. Contrary to popular belief an A-76 study is not contracting. Its purpose is to create cost savings for the DOD through a competitive sourcing program. “The A-76 circular mandates that the government procure commercially available goods and services from the private sector when it makes economic sense to do so”. (A-76 Cost Comparison Overview, p.1, 2002). The cultural makeup of the organization is active duty and federal employees. The A-76 was implemented before our retirement, we would like to revisit the process and research the outcome and its affect on the organization and its members. This research will uncover some of the problems associated with A-76 studies/processes outside of cost effectiveness. This study will provide the effects outside of cost savings, it will demonstrate the negative affects it has on federal/military personnel jobs, civilian pay, training and the morale of the organization. Premise: The outsourcing/A-76 study...
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