...the form of Contracting Government Acquisition – BUS501 Date: 31 July 2011 An analysis of the difference between sealed bidding and negotiated contracting based on FAR standards and the needs and peculiarities of buying an IT system from an agency; it is believed that negotiated contracts are more appropriate. In fact, the landscape of acquiring government contracts has been moving towards the trend of negotiated contracts. It has actually become to norm for procurements, unless for certain occasions where sealed bidding is deem necessary. This case is not one of those occasions. Sealed bidding is only used when certain situations arise. For one, sealed bidding is only okay if the government has a lot of time. The process of soliciting bids, encouraging interested parties to pass their bids and evaluating the submitted bids could be very time consuming. An information technology system is often needed as soon as possible because this system would be used to streamline the operations and make the tasks of everyone in relation to the agency easier and more efficient. There is not a lot of time to ask for bids and evaluate each one being received. Although it would be nice to cut out on costs and sealed bidding offers this advantage, there are some ways to make sure one gets the best deals out of negotiated contracts as well. The time for sealed bidding often takes at least 30 days, wherein the solicitation of bids take place. More time would be needed to conduct...
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...complexity of managing organizations. As theoretical groundwork the book Organising and Managing Work by Tony Watson will be used. The book by Tony Watson covers issues about organizational, managerial and strategic behavior. In particular, the author argues for a critical common sense and the use of philosophical pragmatism (Watson, 2006). He also questions the way work is organized and managed. Finally, the process-relation perspective, a critical perspective of how to think about organizations and their relations and interactions with people, is taken by Watson (2006). This paper will start with a description of the two theories “System-control framing” and “Process-relational framing”. Afterwards the three concepts strategic exchange, negotiated order and double control will be defined and exemplified by different cases from the course. Finally, the paper will look into the complexity of managing knowledge at organizations supported by examples from Danone and McKinsey. In the field of leadership and management studies, there are two main perspectives “System-control framing” and “Process-relational framing”, which can help to analyze and make sense of complex organizations. The system-control perspective recognizes organizations as an entity that is “a system of managerially designed rules and roles existing on its own terms […] based on an organization design with a set of structural and cultural characteristics” (Watson, 2006, p.30). According to the system-control perspective...
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...Reasonable Price And Government Contracts Amy Berdine-Roberts Cost and Price Analysis Professor Rafi January 10, 2008 When you first think about fair and reasonable price, you think about the goods that you buy or the services that you use. When shopping for anything, you do not want to feel buyer’s remorse because you are unhappy with the product or service so research is the key. You would shop around to ensure that you are not paying too much. You compare prices and look at the quality and quantity that you will receive. When looking at specific brands and agencies, you see what others say about their product or service. Without this type of research, you could not only pay too much but you may receive sub par services. Especially with contracts you want to make sure the work the contractor does is not only quality work but will also be completed on time and will not cost more than the original agreed upon price. When it comes to government, they also need to shop around and receive fair and reasonable prices for the products they buy and the services they receive. However, it goes beyond that. They not only need to ensure they are getting a fair and reasonable price, but are also using the correct type of contract for the service that is being done. There are numerous types of government contracts; fixed-price, cost reimbursement, incentive, indefinite delivery, time and materials, labor hour and letter contracts. Fixed price contracts are just as they sound. The...
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...government contracts has changed considerably. Sealed bidding is less frequently used now than in the past. However, there are certain situations when sealed bidding is mandatory. According to the Federal Acquisition Regulation when preparing sealed bidding invitations must describe the requirements of the Government clearly, accurately, and completely. Unnecessarily restrictive specifications or requirements that might unduly limit the number of bidders are prohibited. The invitation includes all documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding. As a result government contract practitioners still must familiarize themselves with processes that call for sealed bidding. In the mid-1990s, Congress made several changes to statutes related to processing acquisition of government contracts. Before these congressional amendments sealed bidding was the standard. In most cases sealed bidding is the preferred method for construction , so if the Seahawk helicopters and Cobra aircrafts are being purchased for that type of business it would be a better option. Negotiated Contracting These amendments gave federal contracting officers more opportunities to award contracts through the newer process competitive negotiation. The process begins when the CO issues a Request for Proposals. The RFP must, include the agency’s need, the terms and conditions of the contract and any other subfactors that the agency when awarding contracts...
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...different types of contracts and cover performance-based acquisition. Discuss which contract that would be warranted on vehicle purchase. Also, evaluate the pros and cons of sealed bidding, and negotiated contracts. Cover, which one would be best purchasing of vehicles in this case. Furthermore, we will cover the responsibilities of the contracting officer during the proposal evaluation. Assess the requirements for performance-based acquisitions and last create requirements for the vehicle purchase that could be included in a performance-based contract with rationale. Examine the types of contacts and performance-based acquisition Types of contracts that can be used are fixed-price, cost-reimbursement,...
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...decision making powers to the agent by the principle; which means trust is a fundamental requirement for it to succeed. The agreement is that Delilah will negotiate the contract for wood pulp with the third parties. When determining the liability of the contracts made by the agent, the liability is based on whether or not the identity of the principal was made known to the third party at the time the contract was being negotiated. When it comes to the contract with Evon it is considered a disclosed principal contract which means that the principal whose identity is known by the third party at the time the contract was negotiated. I am the only one that can be held responsible in a disclosed principal contract. The contract that Delilah was negotiating with Felipe is considered a partially disclosed principal which means the identity of the principal was not known at that time but Felipe and Delilah were negotiating the contract on behalf of the principal. So either I or Delilah can be held accountable for this contract but not both of us. The contract with Giorgio is known as an undisclosed contract in which the liability of an undisclosed principal and the agent is an alternative liability. It means that the third party can only make either the principal or the agent liable and not both of them together. With this contract Delilah and I will both be held accountable. http://www.justanswer.com/business-law/6nfib-run-successful-paper-mill-send-three-best.html http://www.studymode...
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...Contract Creation and Management Contracts are made, negotiated, and broken every day in business situations. They are the backbone of many businesses proposals and they set the standards for which they get the process started. There are many issues that have to be negotiated and discussed for a contract to work for both parties. Both parties must have the ability to communicate and have the patience to work through many of the complications that may occur during the process. This paper will discuss the analysis of the contract problems between Span systems and Citizen – Schwarz AG. After reviewing the simulation we have to come to the following response and conclusion to the issues at hand. Being the project manager in this simulation it would show that I would be trying to keep this contract with C-S so that we will be in the running for the other contract that may be in play. The problem that has occurred is the fact the process has not being completed at a quick enough pace for C-S and they want to get out of the contract and look into changing to another company located in India. This process is not a good move for C-S due to the fact that they have made changes and Span has compiled with every move that have made. The only problem is that Span has also had some internal programming issues that will have to be handled so that C-S can see that we are moving forward with the process. “Good negotiators do their homework. Here are some tips for making your next negotiation...
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...ADVANCED CONTRACT FORMATION AND ADMINISTRATION Examination Questions 1. Describe the three levels of competition permitted under the Competition in Contracting Act (CICA). Give an example of each. 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...
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...agreements that are negotiated regularly, whether they can bind an employer following a transer of employment. It is really a fundamental question, mainly in contracting out services, when the new employer may wish to make savings by not increasing wages. In this case it should be decided if in the transferred employees' terms and conditions of employment can continue to rise due to agreements made collectively between the old employer and the recognised trade union, even though the new employer is not party of the discussions. In a similar German case, in the Werhof v. Freeway Traffic Systems GmbH & Co KG, which ruled along the static interpretation lines, the ECJ accepted the German government's argument that only the collective agreement in force at the time of the transfer is applicable. Subsequent changes agreed between parties cannot be imposed on the transferee who is not involved in the collective negotiations. Facts and proceedings before the UK Courts In 2002, the London Borough of Lewisham’s leisure activities were contracted out to CCL Limited, a private sector undertaking. The employees, who were working in that department, became part of the staff of the second mentioned company. In May 2004, CCL Limited purchased the business to Parkwood Leisure Limited, to another private sector undertaking. Although the activites belonged to the council, the employees and council together enjoyed the benefits of the terms and conditions negotiated by the National Joint...
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...Running head: THE CLOSE-OUT OF PROCUREMENT CONTRACTS 1 The Close-out of Procurement Contracts: The Steps to Successfully Close Out a Contract Including the Processes of Termination and Settlement of Seller Claims Kelley L. Clanton Northcentral University THE CLOSE-OUT OF PROCUREMENT CONTRACTS 2 The Close-out of Procurement Contracts: The Steps to Successfully Close Out a Contract Including the Processes of Termination and Settlement of Seller Claims Procurement contract close-out is a heavy and important topic for organizations that have procurements needs on a consistent or even a fleeting basis as the materials and products acquired through these procurements are often needed to keep the flow of good sales going and/or keeping operations under control and running at optimal performance. There are really only a few basic ways that an executed contract can end with the hoped-for outcome, and probably the usual one as well, being that the contract is fulfilled at the satisfaction and agreement of both sides of the contract. However, there are some pitfalls and other negative outcomes that can happen before, during and after a procurement contract is in force and indeed procurement contracts can end in a quite ugly fashion if one is not careful and/or does not exercise a proper amount of foresight. Even with this potential blowback, this does not mean that a...
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...Intermediate Pricing and Contract Integration Name Professor Institution Course Date TABLE OF CONTENTS CHAPTER PAGE Executive Summary ………...…………………………………………………………………………………… 3 Introduction ……………………………………………………………………………..4 Price Negotiation Memorandums (PNMs) 1. Issuing of government Contracts …….………....………………………………………5 2. Bidding and negotiation ………………….…….…………………………… ………6 3. Negotiation Summary..................................................................................................7 4. Introductory Summary……………………………………………………………….8 5. A tabular summary of price………………………………………………………….10 6. Government Contracting……………………………………………………………10 7. Vertical integration as a contracting technique……………………………………..11 8. Private-public partnerships…………………………………………………………..12 Executive summary This guide acts as a replacement to the earlier Air Force Material Command FAR Supplement with the intention of making it better than its predecessor. The scope of this document is to provide information on the necessities of developing prices and then devising of mechanisms to determine the fairness of the prices. It is with this precedent that the document goes back all the way from the historical behavior of factors that affect the prices up to the...
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...everyone in his firm pretends that this is a smart idea, until a fellow agent fires him on the spot. The rest of the movie displays him rebuilding his brand by holding onto one client, Rod Tidwell, who he develops a close personal bond with and eventually lands the contract that he had desired deeply throughout the movie. Although dramatized, this movie has inspired many people to desire a career as a sports agent and has made it look like a glamorous life. After seeing this film this has...
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...Procurement Law Overview, Part One Procurement and Contract Law Procurement Law Overview, Part One The purpose of this paper is to provide an overview of procurement law. There are three different branches of Government: Legislative, Executive, and Judicial. In the United States, the Office of Federal Procurement Policy (OFPP), the Defense Acquisitions Regulations (DAR) Council, and the Civilian Agency Acquisition (CAA) Council determine federal procurement policies by its legislative action and recommendations. Those are then published in the Federal Acquisition Regulation (FAR). The FAR is issued jointly by the Department of Defense (DOD), the General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA). It applies not only to direct purchases made by the government, but also to purchases made by federal grant recipients (Feldman, 2010). The government procurement team is made up of the Contracting Officer (CO), Administrative Contracting Officer (ACO), and Termination Contracting Officer (TCO). The government planning process consists of market research and an internal source search before they proceed with full and open competition which allows all responsible sources to submit either a sealed bid or competitive proposal on the procurement. The market research consists of availability and quantities of items, and reasonable prices. Internal sources include existing inventory, excess from other agencies, and federal prisons (Feldman...
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...Import under Countertrade At times, standard goods-for-cash payment structures do not work, are cumbersome, expensive, or simply impossible. In these cases, companies can adopt countertrade. Countertrade involves the exchange of goods in barters or other ways in place of money. For example, if a nation’s currency is not exchangeable or no good overseas, they may offer a commodity or other product in place of cash. Countertrade was common in the USSR in the 1960s when its currency was nonconvertible. It was their only means of purchasing foreign goods. Countertrade grew in the 1980s as many other nations did not have the foreign reserves required to make imports. Countertrade increased yet again during the Asian financial crisis in 1997, as many currencies became devalued and had severely limited buying power. One example of countertrade was when the USSR paid Coca-Cola in vodka. Poland did the same with Coca-Cola but paid in beer. Countertrade can be separated into five variants: 1. Barter 2. Counter purchase 3. Offset 4. Buyback or compensation 5. Switch trading Barter is simply the direct trading of goods and or services between two parties with not monetary exchange. It is normally used in one-off deals with trading partners that are not trustworthy or that lack any credit. Barter is the simplest and most restrictive type of countertrade. Counter purchase is a mutual buying agreement which involves one party agreeing to buy a pre-specified amount of goods or services...
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...Case Analysis Report: 1. Case Overview Acme Corp won a new contract and assigned Wiley Coyote as the PMP. Timing was critical to the project - Acme estimated that delayed completion would cost the company at least $100 a month. Coyote’s first job was to select an engineering contractor. Out of eight bids, Coyote decided to negotiate with only the lowest bidder. The contractor’s PM, Ima Roadrunner, which has been selected was unknown to Coyote. Coyote reviewed the proposal. The duration would be approximately six months, 2000 hours at $120/hour, all workers being the same pay grade and working full time, with a profit margin of 12.5%. Roadrunner provided Coyote with its engineering pay structure and the project spending curve (exhibits 1 and 2), which also showed the payment plan from Acme to the contractor. Initially Coyote proposed a fixed-price contract with penalty for late delivery but, given a reduction of profit margin to 10%, Coyote agreed to a fixed-price contract with incentive for completing the project under budget. For progress reporting, Roadrunner had no experience with earned value but promised a monthly report showing BCWS, BCWP, and ACWP. After one month Roadrunner reported BCWS $42k for 350 hours, BCWP $48k for 400 hours, and ACWP $34k for 400 hours (exhibit 3). Coyote believed these numbers indicated a project running under budget and ahead of schedule. However, after the fifth month Roadrunner reported the project would be...
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