...An analysis of the Bell Helicopter Contract Fraud with the United States Government procurement is a huge, growing industry, making fraud within the procurement system a serious issue (Fickey, 2009). To safe guard against a rise in government procurement fraud cases, Congress established the Federal Acquisition Regulation and Department of Defense Supplement that outlines rules regarding bidding, accounting standards, profit policy, and other matters (Karpoff, Lee, & Vendrzyk, 1999). One of the regulations imposed by the Department of Defense on government contractors is the requirement of audits to be preformed by the DOD’s auditing agency. The majority of procurement fraud cases arise out of the DOD’s audits into the contractor’s accounting records (1999). One case worth mentioning is the case of Bell Helicopter Textron, Inc., a Texas based company, and the United States government. In 1988, Bell Helicopter entered into an $88 million settlement with the United States ending a four-year long investigation by the Department of Justice for fraudulently overcharging the government on helicopter spare parts (Isikoff, 1988). The investigation arose when Pentagon auditors discovered accounting and inventory irregularities in the company’s financial records. Throughout the investigation, Bell Helicopter was also accused of covering up these irregularities by shredding documents, changing computer entries, and covering up evidence of deliberate overbillings to the...
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...until I retire? Are any other opportunities going to come my way? Then before you know it opportunity comes across your desk that would allow you to have more flexibility, freedom and a chance to earn more money. Do you do it? The only catch is, you give up your position as a permanent employee and become a contractor. When someone chooses to become a contractor it allows them to try other jobs, see what is out there and get a chance to get experiences that they wouldn’t normally get if they were stuck with one role for the rest of their professional life. Being a contractor is more advantageous than working direct by allowing flexibility and pay. One major reason contract work is very alluring is the pay and the fact they are paid double what an average employee will make in an hour. They are able to negotiate more freely with an agency on how much they wish to be paid versus someone in a more direct position that is able to negotiate, but if the offer returned doesn’t exceed their expectations, then there is the chance they can decide to go with someone else who will take lower pay. The bottom line is you can usually make a lot more money as a W-2 or 1099 contractor/consultant than a salaried position. In a contract role, if a company doesn’t match what you are asking for there is more wiggle room. The agency will take a cut from what the company pays you and they can take a less of a cut and pay more to you. In the case that the agency is not willing to budge, they can...
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...HROB 153 Employment Law ------------------------------------------------- Rojo and Toland IRAC Curt Marchione HROB 153 (Section 3) May 19, 2015 HROB 153 Employment Law ------------------------------------------------- Rojo and Toland IRAC Curt Marchione HROB 153 (Section 3) May 19, 2015 Factual Summary of Rojo v. Kliger Rojo v. Kliger, 801 P.2d 373 (Cal. 1990) Plaintiffs Emma Rojo and Teresa Maloney were employed as assistants by defendants Erwin H. Kliger, a practicing physician, and Erwin H. Kliger, M.D., a medical corporation (hereafter referred to collectively as defendant). In August 1986, there was a complaint filed by the plaintiffs against the defendant. The plaintiff accused the defense of violating FEHA and “intentional infliction of emotional distress”. The Plaintiffs alleged that during their employment the defendant subjected them to sexually harassing remarks and demands for sexual favors. These remarks resulted in the plaintiffs being forced to leave their employment. Defense moved for summary judgment due to the fact that, “FEHA constituted plaintiffs' exclusive remedy and that plaintiffs had failed to exhaust their administrative remedies under the act.” Plaintiffs argued, “FEHA does not supplant other state law remedies, including common law claims, relating to discrimination in employment, and that pursuit of the administrative remedy is not a condition precedent to judicial relief.” The trial court granted defendant's motion and...
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...conditions such as job security, workplace safety, temperature, ventilation and other standards, working hours, breaks, vacations, worker compensation and unemployment benefits discrimination against women, older workers, cultural and religious minorities human rights violations such as child and prison labor environmental standards. As is the case in the United States, the “independent contractor” status can only be supported through clear, legally defensible criteria, such as the amount of control the “contractor” has over the tasks to be achieved, the method the contractor is paid, the freedom of the contractor to work on other contracts simultaneously, and so on. Legally, these criteria are not likely to apply to the foreign workers of companies like Nike, who tend to have limited control over their performance, work long, fixed hours on company premises, and be paid on an hourly or piece rate. Therefore, it would be illegal to classify these workers as “independent contractors”, which exposes MNCs to more problems. Since awareness and expectations of corporate social responsibility are on the rise, good social and moral conduct will be an increasingly important criterion in consumers’ purchasing decisions. Therefore, it is legitimate to consider these statements as advertising messages. Moreover, companies have found that their ethical conduct is also associated with profitability. Reaping economic benefits from socially responsible actions would justify their classification as...
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...job costing method, whereby the job to be carried out is not a small job of printing cards, fabricating machines etc., but the job involved is a big job to construct building etc., under a contract. In the history of costing, when contract costing was introduced as a method of costing, financial accounting already had a system of accounting for construction contracts. The same system was adopted under cost accounting as well. This is the reason why contract costing has more linkage with financial accounting concepts. The parties involved under a construction contract: 1. Contractor, who undertakes to construct any building etc. 2. Contractee, the person for whom the construction is carried out. The objective is to ascertain on year to year basis, profit from each contract in the financial statements of the contractor. This is done by preparing a Contract A/c in the books of contractor. The nature of Contract A/c is that of final accounts that reveal profit or loss as a result. There are following situations that may arise for any construction contracts: 1. The contract begins as well as ends in the same year (Completed contract). 2. Contracts for which construction begins during the year but does not complete by the year end (Incomplete contract). 3. Contracts for which construction was incomplete at the beginning of the year and remains incomplete till the end of the year. 4. Contracts for which construction was incomplete at the beginning of the year...
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...express or implied; it may be formal or simple; and it may be entire or divisible (Liuzzo & Bonnice 2010). Considering the situation it will be determine what happens when a contractor breaches one or more of the six elements of the oral or written contract. Consumers expect that when they hire a contractor that their work would be finish on time. They do not want delays or changes which could increase the cost of the work. The contractor is interested in money and the consumer is interested in seeing the results of a job well done. Most contractors do want the job to be completed without delays or changes to keep their cost down and the consumers once entering into an oral or written contract do not want to spend more than necessary. Hiring a contractor to do a job consumers expect them to do as they promises whether the contract was oral or written. Contracts may be created for any number of reasons. It can be extended and revised as needed to reflect the wishes of the parties (Luizzo & Bonnice 2010). Substantial performance occurs when a party to the contract, in good faith, executes all the promised terms and conditions of the contract with the exception of minor details that do not materially affect the intent of their agreement (Luizzo & Bonnice 2010). The contractor has completed most of the work and has left a small amount undone the consumer wants all the work done. The consumer feels that the work was not...
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...The European elevator company was established in early 1900 and had its headquarters based out in Helsinki and Brussels. The European elevator company was a respected company in the elevators and escalators industry and had been operating in this industry from its inception. The European elevator company amongst the 3 largest elevator company in terms of its revenue and market-share. The European elevator company revenue was primarily from two sources – one sale of new equipment (~38%) and services (~62%). The global elevator industry had been under consolidation phase. There were three market segments in the industry at that point in time, the small size elevators, medium rise elevators and high rise elevators. With construction industry looking at a slump, there is a fall expected in the demand for elevators. Most of the industry demand (~75%) is from the small size segment. With falling demand, the competition was becoming aggressive but was not able to make profits on their revenue (both Otis and Schindler posted losses). In order to weather this storm, The European elevator company R&D had developed “Breakthrough”, a product with many superior value propositions. “Breakthrough” was launched in Netherlands, France and UK to begin with. And the strategy employed was articles in journals and face to face meetings. However, the sales of “Breakthrough” units did not pick up as expected and entry into Germany was imperative. Germany was the largest elevator market and was dominated...
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...The cause for the doubt concerns with the extent of the decision made by the Court of Appeal in Williams v Roffey Bros & Nicholls (Contractors) Ltd where it proposes that performance of an existing contractual obligation owed to the promisor can constitute good consideration if it brings about a ‘practical benefit’ to the promisor. In South Caribbean Trading Ltd v Trafigura Beheer BV, Colman J have doubts regarding the correctness of the decision in the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd. Colman J specifically noticed that the decision was not consistent with the established rule that consideration must move from the promise, as well as that the House of Lords had yet to declare that the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd was wrongly...
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...that required governmental contractors to pay ‘prevailing wages’ on projects that it took on behalf of the federal government. The effect of this legislation was that more than 40 states adopted the ‘little Davis-Bacon Acts’ or ‘prevailing wage’ laws. This was then, but later on, many states repealed these statutes. Still, many states today, including Michigan, carry on with such laws that seem to have become obsolete from those Depression-days (Vedder 1997). This paper shall attempt to take a closer look as to what the implications of implementing such laws are, with scrutiny of these laws as enacted in the state of Michigan. Various statistics shall be presented to highlight the advantages and disadvantages of using such laws in a state. The paper shall discuss the various issues that Michigan has faced in regards to these laws and will come up with some solutions and recommendations for the state of Michigan on whether it should continue to implement these rules or repeal from them. Many jurisdictions, including that of the federal government, set the prevailing wages exactly at or very near to those that are demanded by the laborers according to the union-scale. “Prevailing wage laws, then, force contractors on government construction or other projects to pay their employees at the same rate as unionized members of the relevant occupation—whether it be bricklayers, carpenters, electricians, or other categories of workers—even if non-union contractors could perform the same work...
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...that required governmental contractors to pay ‘prevailing wages’ on projects that it took on behalf of the federal government. The effect of this legislation was that more than 40 states adopted the ‘little Davis-Bacon Acts’ or ‘prevailing wage’ laws. This was then, but later on, many states repealed these statutes. Still, many states today, including Michigan, carry on with such laws that seem to have become obsolete from those Depression-days (Vedder 1997). This paper shall attempt to take a closer look as to what the implications of implementing such laws are, with scrutiny of these laws as enacted in the state of Michigan. Various statistics shall be presented to highlight the advantages and disadvantages of using such laws in a state. The paper shall discuss the various issues that Michigan has faced in regards to these laws and will come up with some solutions and recommendations for the state of Michigan on whether it should continue to implement these rules or repeal from them. Many jurisdictions, including that of the federal government, set the prevailing wages exactly at or very near to those that are demanded by the laborers according to the union-scale. “Prevailing wage laws, then, force contractors on government construction or other projects to pay their employees at the same rate as unionized members of the relevant occupation—whether it be bricklayers, carpenters, electricians, or other categories of workers—even if non-union contractors could perform the same work...
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...that required governmental contractors to pay ‘prevailing wages’ on projects that it took on behalf of the federal government. The effect of this legislation was that more than 40 states adopted the ‘little Davis-Bacon Acts’ or ‘prevailing wage’ laws. This was then, but later on, many states repealed these statutes. Still, many states today, including Michigan, carry on with such laws that seem to have become obsolete from those Depression-days (Vedder 1997). This paper shall attempt to take a closer look as to what the implications of implementing such laws are, with scrutiny of these laws as enacted in the state of Michigan. Various statistics shall be presented to highlight the advantages and disadvantages of using such laws in a state. The paper shall discuss the various issues that Michigan has faced in regards to these laws and will come up with some solutions and recommendations for the state of Michigan on whether it should continue to implement these rules or repeal from them. Many jurisdictions, including that of the federal government, set the prevailing wages exactly at or very near to those that are demanded by the laborers according to the union-scale. “Prevailing wage laws, then, force contractors on government construction or other projects to pay their employees at the same rate as unionized members of the relevant occupation—whether it be bricklayers, carpenters, electricians, or other categories of workers—even if non-union contractors could perform the same work...
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...The 40 x 50m detached high rise office building of 60-storey high with 3-storey basement of 14m deep is to be built in a construction site of 90 x 100m in urban area. According to the RIBA plan of works, there are several stages including preparation, design, pre-construction, construction and use. The work progress will be shown as follows. Preparation First of all .In the preparation stage, the Appraisal and Design Brief are needed. It needs to gain a full understanding of the both ‘user clients’ and ‘pay client’s’ specific needs, objective and requirements. Moreover, the final statement of requirements inserts into the Design Brief by the client confirming key requirements and constraints, and identify the procurement, procedures, organizational...
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...000000000000000000000000000000000000000000000000 Collegiate Promotions Human Resource Mangement/530 Dr. Donny Bagwell Evaluate whether or not the compensation system at Collegiate Promotions is effective After evaluating the case study I have determined that Collegiate Promotions compensation plan is not only effective but aligns with the organization’s competitive strategy. Collegiate Promotions strategy seems to be earning the most profits with the least risk possible. Collegiate Promotions clearly focuses on individuals who are self motivated and excel as sales representatives. Collegiate Promotions focuses on independent contractors as their workforce and way of making profit. By hiring...
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...that required governmental contractors to pay ‘prevailing wages’ on projects that it took on behalf of the federal government. The effect of this legislation was that more than 40 states adopted the ‘little Davis-Bacon Acts’ or ‘prevailing wage’ laws. This was then, but later on, many states repealed these statutes. Still, many states today, including Michigan, carry on with such laws that seem to have become obsolete from those Depression-days (Vedder 1997). This paper shall attempt to take a closer look as to what the implications of implementing such laws are, with scrutiny of these laws as enacted in the state of Michigan. Various statistics shall be presented to highlight the advantages and disadvantages of using such laws in a state. The paper shall discuss the various issues that Michigan has faced in regards to these laws and will come up with some solutions and recommendations for the state of Michigan on whether it should continue to implement these rules or repeal from them. Many jurisdictions, including that of the federal government, set the prevailing wages exactly at or very near to those that are demanded by the laborers according to the union-scale. “Prevailing wage laws, then, force contractors on government construction or other projects to pay their employees at the same rate as unionized members of the relevant occupation—whether it be bricklayers, carpenters, electricians, or other categories of workers—even if non-union contractors could perform the same work...
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...negotiating position. Different construction projects have different conflict styles and different departments try to work together. Mr. Surapong Panja made a case study on “Negotiation Issues, Styles, And Outcomes: A Study of Building Construction Projects in Thailand”. He learned that construction industry always has conflicts that can be attributes to more factors such as change order, variation work, job safety, price adjustment (inflation or deflation), and time extension. These factors can produce many conflicts itself and may contribute germination and manifestation. Dispute is always negotiated by project participants, and the process of negotiation is the first task before considering other resolution methods. The project manager of contractor tends to use avoiding style. It is suggested that it is more important for negotiation outcome to understand the proper negotiation style on each negotiation outcome in order to make beyond benefit to negotiation outcome with satisfaction. His abstract is copied and posted here. ABSTRACT Negotiation is one potential process to make construction projects to succeed or fail. The negotiation between project participants is the first step to do businesses even construction industry, and it can take place...
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