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Hybrid Contract to the Small-Business Essay

… " This is the contracting rule book which contains all clauses and conventions of the contracting process

According to the Business Owner's Toolkit:

The FAR is divided into 53 parts, each part dealing with a separate aspect of the acquisition process. The first six parts deal with general government acquisition matters and the next six parts deal with aspects of acquisition planning. The rest of the FAR deals with other topics, such as simplified acquisition threshold (formerly known as small purchases), large dollar value buys, labor laws, contract administration, applicable clauses and forms.

3. Determine how a small business could benefit from the use of micro-purchases at the local navy base.

The government is ready to do business with businesses that prove they are responsible…. [read more]


Use of Incentive Contracts Research Paper

… The authority to inflict a penalty punishing observable opportunism or reward observable but not contractible excellence needs the capability to react to adjustments in observable other than non-contractible variables with some proper sense of judgment on the division that observes non-contractible dimensions. It is also proper to point out that the moment discretion is essential for implicit contracting, it is clear that the doors of opportunistic behaviors by the persons charged with the responsibility of observing non-verifiable variables, this might be the buyer or some party entrusted by the buyer carryout such duties. For the fact that third parties like courts are not obligated to observe quality, the contractor remains vulnerable as the buyer may refuse to own up to the promised bonus or even…. [read more]


Small Business Government Contracting CEO Essay

… (U.S. Small Business Administration, 2012, p.1)

V. Smartpay and Electronic Contracting

The government purchase card is reported as the "preferred method for making purchases at or below the micro-purchase threshold." (GSA Smartpay, 2012) There are three types of GSA SmartPay programs: (1) centrally billed accounts (CBA) -- car accounts where payment is made directly to the government; (2) Individually billed accounts (IBAs) -- card account where payment is made directly to the bank by the individual; and (3) Integrated Accounts -- Integrated accounts are CBAs. (GSA Smartpay, 2012) GSA SmartPay is reported as the government's charge card program in which cardholders use the program to pay for: (1) commercial goods and services; (2) travel related expenses; and (3) fleet expenses. (GSA Smartpay, 2012)

VI. Government…. [read more]


Contracts and Fraud Essay

… Proving duress, much like proving fraud, can be difficult in a court of law and often requires third parties to testify how the duress took place. In a business context, an example of duress might include a seller putting undue pressure upon a buyer, saying "this offer will be withdrawn if you don't sign right now," or pressuring an employee to agree to work extra hours not stipulated in the original employment agreement with the implied threat of the employee losing his or her position (Signing a contract under duress, 2012, Law Guru).

There are two major forms of remedies in contract cases. One is monetary damages (such as a full refund for a purchase). Methods of computing monetary damages include "expectation interest. The goal…. [read more]


Contracts Law: Disney World Jurassic Capstone Project

… M. Wright about how to proceed will be stated.

An oral agreement is just as binding as a written agreement in a court of law. Watson had made an oral agreement to Watson, representative of Disney, to sell the lot for $100,000, therefore, this is a legal and binding agreement that would be upheld in a court of law. I.M. Wright would be advised to question Watson extensively about the agreement to ensure that there was an oral agreement on the sale and purchase of this lot between Mankin and Disney.

Question Seven

Disney wants to contract with Stephenson, Inc. To build an office building for Disney to use near the park site. . The building must be completed within six months or Disney will…. [read more]


Federal Contracting: Benefits and Drawbacks Essay

… " (GovWin, 2010, p.1)

IV. Disadvantages to the Use of Cost-Reimbursement Contracts

There are certain disadvantages to the use of cost-reimbursement contracts and specifically stated is that there is a "…limited certainty as to what the final cost will be." (GovWin, 2010, p.1) As well, cost-reimbursement contracts make a requirement of "…additional oversight and administration to ensure that only permissible costs are paid and that the contractor is exercising adequate overall cost controls." (GovWin, 2010, p.1) Cost-reimbursement contracts when properly designed in terms of award or incentive fees make a requirement of "additional oversight and administration and there is less incentive for efficiency as compared to fixed-price contracts. (GovWin, 2010, paraphrased)

V. Types of Cost-Reimbursement Contracts

There are several types of cost-reimbursement contracts including:

(1)…. [read more]


Early Retirement Incentives Case Study

… It will provide the basis for their decision making and provide the theoretical background for their analysis of their own firm's situation. The research is also designed for professionals of management field who are interested in studying the viability of adopting various methods of downsizing and organization restructuring. Students of management will also find this research useful to further their own research in areas like retirement planning, human resources legislation or employee motivation factors.

The scope of the study however is limited to the faculty of management only and it does not cover alternative downsizing schemes by governmental institution. It does not cover industrial trend of downsizing nor does it cover organizations outside the United States. No doubt some of the organizations in Europe and…. [read more]


Evaluating Contracts Research Paper

… ¶ … Contracts

Different Types of Contracts Analysis

Fixed price contracts advantages and disadvantages for contractors

Fixed price contracts are represented by contracts where the amount of payment does not depend on the amount of resources. This type of contracts usually takes place between contractors and the government. In such cases, the risk is supported by the vendor. The government has the ability to control the costs. Fixed price contracts are preferred in the case of businesses that focus on innovative technologies. This is because the little information on such technologies usually determines increased costs.

There are several advantages determined by fixed price contracts from the perspective of contractors (Symes, 2012). Such contracts allow the contractor to benefit from a higher level of stability in…. [read more]


Contract Theories Term Paper

… Contract Theory: Contract Theory: Are Contracts Required for an Efficient Marketplace?

Contract Theory: Are Contracts Required for an Efficient Marketplace?

The primary business document that is used in the United States and most other countries of the world today is the contract. Contract law generally attempts to consider questions such as whether an enforceable contract actually exists, what the true meaning of that document is, whether a contract has been broken, and what compensation is due the injured party. This research paper is about theory of contract and provides a review of contemporary legal contract theories to answer the questions, "Why do we have contract law, anyway?," and, "Is contract law justified because people require a moral framework in which they are bound by what…. [read more]


Contracts and Procurement A-Level Coursework

… Contract Procurement

NONCOMETE and NONDISCLOSURE AGREEMENT

law business

NONCOMPETE and NONDISCLOSURE AGREEMENT

This Noncompete and Nondisclosure Agreement ("Agreement") is made effective for all purposes and in all respects as of this 14th day of May 2010, by and between Texas Doc LLC.

("Company") and Bob Bobswell ("Editor"). Company and Editor shall collectively be known herein as "the Parties."

* in many situations, nondisclosure and noncompetition agreements are bundled into the same agreement since the clauses are severable

Since most films/documentaries create an LLC to handle all the business surrounding the film, I have created an imaginary LLC for this documentary, which shall be the hiring entity. This protects the filmmakers from personal liability as they can hide behind the corporate veil in the case of…. [read more]


Use of Derivatives in a Chosen Company Term Paper

… International Finance

The Use of Derivatives by Southwest Airlines

Southwest Airlines is one of the most successful airlines in the U.S.; remaining profitable in many years when other airlines suffered losses, including the aftermath of 9/11. The low cost airline achieves this with a range of strategies, including a very active hedging strategy using derivatives. To appreciate the way that derivatives have played a role in Southwest Airlines financial performance the subject may be discussed, looking at what is meant by the term derivative and the way they are used by Southwest in their hedging strategy, along with consideration of the reasons the firm may have utilized this strategy along with the results achieved by the firm.

Derivatives are financial tools designed to create a…. [read more]


Government Contracting Process Thesis

… Government Contracting Process

The Federal Acquisition Streamlining Act (FASA) of 1994 was formulated with the intention of simplifying of the buying procedures of the government in that many competition restrictions on government purchases were removed involving purchases less than $100,000. Now, full and open competition is used in procedures that are much simpler in solicitation and evaluation of bids up to $100,000. All planned purchases of over $25,000 are under a requirement for advertisement by the government. The simpler procedures make a requirement of les sin the way of administrative details as well as lower approval levels and less in the way of documentation. All federal purchases, according to new procurement reform legislation above $2,00 but less than $100,000 are reserved for small businesses unless…. [read more]


Contract Termination for Mistakes Essay

… Situations that bring about termination of contracts can be somewhat distant from the context that surrounds the business agreement. External forces can drive an incentive to terminate a contract. This is particularly true when some external situation has made it impossible for one or more of the parties to the contract to fulfill their obligation to the other parties of the contract ("The American Law Institute," 2007). Occasionally, one of the parties to the contract will take action or behave in a manner that signals that they will not meet the terms of the contract -- that, in fact, a breach of the contract is about to occur. When this situation arises, the party that was expecting the contract to be held may instead terminate…. [read more]


Government Contracting Term Paper

… ¶ … Government Contracts

Federal contractors are faced with a number of alternatives concerning the type of contract they use for a given project. Different types of contracts, of course, have their respective benefits and weaknesses for any given project, though. To determine optimal contractual approaches, this paper explores the pros and cons of different types of contracts from both the contractor's perspective as well as that of the federal government. A summary of the research and important findings are presented in the conclusion.

Benefits and drawbacks of fixed-price contracts from the perspective of a contractor

There are as many as 20 different types of defense contracts currently in use, and identifying the respective risks that are associated with cost overruns allows them to be…. [read more]


Recognizing Contract Risk and Opportunities Thesis

… Contract dispute and renegotiation between SS and CS: Overview

Legal issues present

Span Systems (SS), a leader in banking software and the European bank Citizen-Schwarz AG (CS) entered into a six million dollar contract a year ago. The contract stipulated that SS would provide a new Java-based banking system software system for CS. However, the contract has failed in terms of the "performance on delivery" aspect of a legal contract. SS has not performed its stated role, as stipulated in the contact. Only 40% of the work on the system has been completed by the specified date. SS originally agreed to have completed 60%, so as not to be in breach of the contract. Additionally, the contract states that neither SS nor CS may cancel…. [read more]


Default Dispute Termination of Contract Essay

… This can be achieved by devising cost containment measures and testing them accordingly thereby identifying their weak areas and thus taking corrective measures. Secondly, I would recommend that, experts in the financial, procurement and contracting fields be used in the acquisition planning. This is because they have adverse knowledge in these areas and thus will always give better results.

In conclusion, government contracting is a complex activity that should be handled by experts in order to ensure clear statement of all contract provisions. Therefore, both the contracting agent acting on behalf of the parliament and the contractor clearly understand their contractual obligations ad thus act accordingly to minimize disputes. However, in cases where a dispute arises, Federal Acquisition Regulation clauses clearly state the requirements to…. [read more]


HITECH Act and Meaningful Use Essay

… Because of the confluence of occasions, patient volumes are projected to expand drastically through the next decade (Hanson & Levin, 2013). With the extension of Medicaid and insurance prerequisites actualized as a component of the ACA, 20 to 40 million patients are anticipated to be added to the roles of insurance. These patterns will no doubt overwhelm participants of healthcare, making access challenges, and expanded stretch on the healthcare framework.

From a reimbursement angle, each patient is not the same. Medicaid repayment rates are covered under the Medicare rates. The end of fee-for-service and the ascent of group payments will further force health frameworks to function effectively. The industry has started to experience the rise of operational and work stream results software apparatuses that empower…. [read more]


Change Management Plan for Cincom Term Paper

… The sustaining change needs to include stories of exceptional commitment and performance, with the entire culture of the company being redefined as a result. The second strategy for sustaining change is to continually provide feedback to employees as to the median earned salary increase company-wide and what levels of pay increases are economically feasible given the performance of the company. Cincom must implement a program like this to hold onto its engineering, sales and marketing talent while defining a strategy for jettisoning those taking advantage of the company today.

References

Business Monitor International (2013) United States Information Technology Report - Q3 2013. (2013). (). London: Business Monitor International Publishing.

Hoadley, E., & Lamos, J. (2012). Change management: An information flow approach. International Journal of Management…. [read more]


Supply Chain Contracts Thesis

… Supply Chain Contracts

Contracts throughout supply chains are essential on a variety of levels for the partnerships and resulting network of buyers to succeed in attaining their shared objectives. First, contracts define and in fact quantify performance expectations (Rosenberg, 2007). Second, there are often both rewards for exceptional performance to shared metrics of performance and costs for not delivering on them (Coltman, Bru, Perm-Ajchariyawong, Devinney, Benito, 2009). Third, contracts define compliance of two parties to a shared agreement (Rosenberg, 2007). Fourth, contracts between suppliers and buyers are also often structured to allow for greater levels of collaboration and visibility into shared systems and processes as well, including quality management (Chao, Iravani, Savaskan, 2009). Add in to this the litigious nature of society today and the…. [read more]


Affordable Housing and the Use of Exclusionary and Inclusionary Zoning Term Paper

… AFFORDABLE HOUSING & THE USE OF EXCLUSIONARY AND INCLUSIONARY ZONING

In the past few decades, the lack of affordable housing in the United States has emerged as a crisis effecting low-income residents, government agencies and municipalities, and real estate developers alike. The lack of available affordable housing has increased in the past few years, as a result of zoning ordinances and governmental zoning powers that are supported and upheld by the courts. While there are no immediate solutions to this problem, a number of legal scholars have examined the relevant cases and have written extensively on the subject. Affordable housing is defined in the legal context as housing for which the mortgage or rental payments, related taxes, insurance and utilities, do not exceed thirty percent…. [read more]


Awarding Audit Contracts by U.S Term Paper

… Chapter 3 - LITERATURE/DESKTOP RESEARCH

3.1 Summary

The information available for researching this project was based on a cross-section of materials. Although this was an immense task because of all the government guides available on the subject, not to mention non-government materials, most of it was readily available on the Internet.

Some of the major websites that provided basic information included the following.

Non-Government Sites

American Bar Association Section of Public Contract Law. It is organized into six divisions that have links on the home page.

NASPO-National Association of Procurement Officials. Has a section on contract information and auditing procedures.

Fedmarket.com, The Federal Marketplace

Government Sites

Defense Contract Audit Agency. Provides audits, reports and financial advisory services.

CBDnet, which is Commerce Business Daily. Provides information…. [read more]


Contracting and Team Building Term Paper

… Project managers can minimize this deterrent effect through ensuring that proper relationships exist between all the parties that are involved in the project. They can also minimize this by ensuring effective communication networks are in existence hence make it possible for easy communications between all the b[parties that are involved.

Components that facilitate the building of integrated project teams

One component that facilitates the building of integrated project teams is appropriate preparation for team working. There are different preparation activities of different parties before they engage in relational contracting based integrated and collaborative approaches some of the activities include learning about relational contracting approaches, learning how to work in flexible contracts, cooperative learning with the ones who are organizing the project, the reputation of the…. [read more]


Healthcare Contact Workers Controversy Research Paper

… (Wilson, 2012)

Recommendation

The most important responsibility lies with the industry that they should be very careful while hiring both temporary and permanent workers for a particular job. The healthcare should do a thorough research of the worker's past record before hiring them for the job. If there is any problem with the employee or if the worker is not doing the job as required then the hospital should report about that person to the staffing firm so that they could take disciplinary action against the worker.The company should compare the agencies from where the contract workers are hired, their testing and screening methods. The employers or the agencies should provide the contract workers full job description and other necessary information like company benefits, rules…. [read more]


Do Incentives and or Threats Really Help to Motivate Employees? Essay

… Human Resources

Do incentives and/or threats really help to motivate employees?

Employers are always looking for ways to motivate their employees and employees are always trying to find ways to be rewarded for their hard effort. Incentive programs often provide employers with an out of the box system for motivating their staff and identifying them for a job well done (Paying for Performance, n.d.). At least three of four American companies rely on some sort of motivation program (Kohn, 1993).

Empirical research has time and again revealed that workers are not motivated by funds only. Though, this is extremely dissimilar from the outlook that cash is way down on the listing of worker's objectives. Actually, it is very high on the list. But it's the…. [read more]


Government Contracting and the Buy Green Revolution Term Paper

… Government contracting and the "Buy Green" revolution

Government Contracting and Green Buying

The aim of this paper is to define the term 'Green buying' and link it to the Governmental procurement. Among other important issues, the report describes the reasons why the Central authority must involve in the environmental elements of the national society. In the end, the author shall present its conclusions.

The increasing level of pollution and diminishing resources of the natural environment, among which we would like to point out petroleum, gas, coal as the most important ones, drinkable water, had brought the attention of the public on Ecologic issues more than ever.

Specialists in the field highlight the fact that the natural resources for the above mentioned elements would last for…. [read more]


Sales Contracts and Products Liability Law Article Article Review

… Sales Contracts and Products Liability Law Article Review

O'Reilly, James T. (Summer 2003) "Product Recalls & the Third Restatement: Consumers Lose Twice from Defects in Products and in the Restatement Itself." The Memphis Law Review. Pp.1-6. Retrieved by FindArticles. Full Text Available at http://www.findarticles.com/p/articles/mi_qa3843/is_200307/ai_n9252476

This article demands more stringent and protective legislation for consumers regarding product recalls. A product recall is almost always designed to prevent a future injury from a product that is known or suspected to be harmful to future consumers. A product recall is the removal from the market of a product, including a consumer's home where necessary, that is suspected of posing an acute risk of injury to consumers because of manufacturing or design defect, or a lack of warning label.…. [read more]


Motivation: Relatedness Using the Jigsaw Term Paper

… "The main station for relatedness is social interaction. A feeling of relatedness among students may operate as an inspirational resource when kids have to face task or complications. In times of stress, kids who experience reliable others as "backing them up" react with more vitality, versatility, and beneficial activities.

Group activities (collaboration), relatedness and group motivation

Collaboration is the "mutual involvement of members in a synchronized attempt to fix a problem together." Collaborative communications are recognized by distributing objectives, balance of structure, and a higher level of settlement, interaction, and interdependence. Group activities are particularly valuable for improving undergraduate studying. Nonresponsive feedback, on the other hand, can be detrimental to undergraduates studying in collaborative situations. Collaboration can have highly effective results for undergraduate studying, particularly…. [read more]


Logitech Use the Theory of Comparative Advantage Term Paper

… Logitech

Use the Theory of Comparative Advantage to explain the way in which Logitech has configured its global operations.

The Theory of Comparative Advantage was first issued by economist David Ricardo and it points out the benefits of international collaboration. As such, Ricardo states that if a country possesses an advantage in comparison to other countries, such as better skilled workforce or more natural resources, that country should focus on producing those items adherent of the industry where it holds an advantage. It should then trade these products on the international market and purchase the items for which it encounters difficulties in producing.

This theory was well understood and applied by computer device manufacturer Logitech. As such, the producer analyzed the strengths and opportunities in…. [read more]


Problem With White Letters for Government Usage Research Proposal

… ¶ … White Letters for Government Usage

Headline Information

Throughout the past recent months, our organization has been struggling with an understaffed Financial Department. The representatives of this department have written and sent several letters to the Human Resource Management Department, but we have yet to receive an answer.

The issue is severe from two standpoints. First of all, an organization of such a magnitude and which places an increased emphasis on the full satisfaction of its customers' needs and wants cannot efficiently operate with fewer accountants than necessary. Secondly, an organization which praises on offering increased on the job satisfaction to their employees cannot treat understaffing matters in a liaises-faire manner. This only proves lack of professionalism and reduced interest in resolving organizational problems.…. [read more]


Marketing Apple Uses Several Distribution Channels Research Proposal

… Marketing

Apple uses several distribution channels. For many of its software products and applications, the company prefers digital distribution, typically through its iTunes architecture. For physical goods, such as desktops and laptops, the company uses multiple channels. It operates Apple stores, it is partnered with FedEx for direct delivery and has established retail partnerships with Best Buy. For other resellers, Apple runs its own distribution warehouses, eliminating the need for third-party wholesalers. Managing these different channels poses many challenges. Apple must ensure that product is available for each of its partners. This involves not only sales forecasting but the ability to get product through the channel quickly. Another challenge is to keep costs down. Apple also needs to manage the service levels of their partners,…. [read more]

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