...Commercial Contract & Procurement Optimisation Understanding how the organisation on the other side of the table operates and views risk is an important consideration when entering into commercial negotiations. Knowing what will work in a particular process is also crucial, and having the experience to propose and implement a mutually agreeable solution is the final hurdle. These issues are magnified when the deal is cross border or multi-jurisdictional. We know how to deal with the high pressure issues facing commercial transactions. We provide tactical support in high value commercial negotiations both nationally and internationally. Leveraging our total experience, we act as a “Virtual Commercial Director”, providing experienced overview and negotiation skills, contract drafting capability and post execution implementation and contract management skills. Because we understand and have dealt with the whole range of issues in these circumstances, whether financial, regulatory or personnel, we hit the ground running, thereby speeding up the process and saving time and costs. Commercial Contract Advice and Support Our clients use our capabilities to advise on the bigger picture, and manage external advisers where necessary, to enable management to focus on running the company. Our executives can lead the project as well as work alongside existing management to close transactions. In this way be can assist in a transfer of knowledge to the client for the next transaction. ...
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...Sealed Contracting The method of obtaining 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...
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...Downey Contracting, LLC Christie Anderson BUS/210 11-15-2012 After interviewing several businesses, the one that stuck out the most to me was Downey Contracting. The other two businesses that I interviewed could not even begin to tell me the answers to the questions that I was asking. When I asked the questions they looked dumb founded, I was astonished. I even ask the company I work for and my boss had no idea what I was talking about, it is really sad. People that own or have a business have no idea what is going on and what their structure is, all they could say is that they are there to make money. I do have to agree with them about making money, but they at least should have a structure that they follow. It actually just amazed me that none of them could answer my questions. Downey Contracting is a company that everyone should work for just because of their work ethic and how they treat their employees. The business structure that Downey Contracting uses is a simple business structure. Larry Downey one of the owners of Downey Contracting says, “the business structure we use is simple, we are here to bid jobs and make money.” When we hire people they are all treated as an equal in our company and we strive to make sure that everyone gets their part of the job done. No matter...
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...Contracting and Payment Options Chontil Neville Procurement and Contract Law Professor Levasseur Introduction The government pays to its contractors when they submit invoices containing the prices of the supplies or the services rendered according to the contract’s terms. The invoices also contain any discounted or deducted amounts. The government is obligatory to pay upon deliveries unless they specify a due time to pay. For the purpose of selecting payments methods for the services and products purchased by the government agencies, FAR 32.113 should be referenced (Legal Information Institute, 1992). The purpose of this paper is to discuss the three payments options available to government and their advantages and disadvantages, three elements of the prompt Payment Act; next, it will discuss the key areas of cutting government costs, two revisions to TINA that will decrease the requirements for the government’s procurement of technical data and computer software. In the end, the paper will discuss the Buy American Act’s exceptions. Government Payment Options For purchasing the software for tax returns processing, contacting officers on behalf of Internal Revenue Service’s (IRS) can select various effective payment methods. Contracting officer uses the customary contract financing ref. 32.113 for review and uses it without getting the permission from top management. The Contracting officer can select three payment methods that are progress payment, performance-based...
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...Contracting and Ethics Author: Alfred Turner Professor: Michael Hanners Strayer University 20 January 2012 Abstract This paper will discuss the GAO analysis to determine whether Aetna Government Health Plans LLC (AGHP), should be excluded from the competitive bid based on alleged unfair competitive advantage stemming from AGHP’s hiring of former TMA (TRICARE Management Activity) employee. Health Net argues that the award to AGHP has been irreparably tainted do the fact that AGHP has hired one of Health Net top level with access to inside, non public source selection information and contract proprietary information. This paper will also go into details on some of the tactics to prevent this from happening if he or she knew about this contract. I will try to identify and legal and ethical issues related to the issue. While reading this Case and carefully and thinking this out after reading the FAR. If the employee that Aetna hired from TMA (TRICARE Management Activity. There is little to nothing that the FAR states that this contract shouldn’t be awarded to Aenta. There is nothing stating that the former TRICARE employee knew anything about this RFP, therefore by law you can not exclude AGHP from the competitive bid range. Actions for TMA to take Why there appears to be little TMA can do. TMA may want to do an investigation and start by going to their former employee contract history to see was a pattern started with him and AGHP. Was he ever on the awarding...
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...Assignment 5: Federal Contracting Activities and Contract Types David Moore Strayer University Cost and Analysis BUS 315 Michael Raponi March 15, 2016 Assignment 5: Federal Contracting Activities and Contract Types History and Background of Companies Competing for the Contract Dronnet is an empowering company within the Information Technology industry. The company specializes in using technology to resolve some of the most pertinent issues in the society today. The company has been in operation for less than five years, hence, the classification as a startup company. Regardless, the company has been experiencing positive growth since its establishment and has been able to win at least one major contract from the government. The first contract for the company was the Tanker Contract that has been able to execute with efficiency. The company's workforce or human resource is estimated to be about 25 people, with most of them being technologists. The organization has been praise within its state for contributing to economic development as one of the emerging business employing many people. The success of Dronnet in recent years has been attributed to its good management that places more emphasis on issues such as transparency and accountability. The organization also works on an efficient business model that enables it to manage its costs effectively. As such, most of its products are produced through cost-efficient and environmentally friendly methods. On the other...
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...Assignment 5: Federal Contracting Activities and Contract Types Angelina Brooks Professor: Larry Murphy Bus 315 December 15, 2013 My company’s mission is to offer stylish, great, affordable clothing to young men and women entering the world of business. I will offer customer’s a classy, stylish and a professional look for the business world. Clothes will be altered to fit customer’s shape and size in a variety of colors and options to solve fashion problems. My company’s vision is to help the younger generation realize that they can dress professional and still look good while in the business world. I will start out offering my product online and then eventually land a store within the mall where I can be exposed to different people of all ages, shapes and sizes. Starting out as a small business owner I will need as much support as I can to get started, which is my main reason for competing for a government contract. The government offers about 23% of their business to small business owners and as long as I can meet the government’s requirements at a fair and reasonable price, the government will limit competition to only small business owners as long as two or more small businesses are prepared to compete for contract which will provide a better business opportunity for my business. Also, having business with the government opens windows and doors for better opportunities. Government contracts save my company money, improve my performance and will promote my business...
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...achieved for the low bid. In cases such as this, the client usually imposes incentive and penalty clauses in the contract for self-protection. Because of the risk factor, competitors must negotiate not only for the target cost figures but also for the type of contract involved since risk protection is the predominant influential factor. The size and experience of the client’s own staff, urgency of completion, availability of qualified contractors, and other factors must be carefully evaluated. The advantages and disadvantages of all basic contractual arrangements must be recognized to select the optimum arrangement for a particular project. Procurement can be defined as the acquisition of goods or services. Procurement (and contracting) is a process that involves two parties with different objectives who interact on a given market segment. Good procurement practices can increase corporate profitability by taking advantage of quantity discounts, minimizing cash flow problems, and...
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...The False Claims Act: NetApp and GSA Vernessa L. Minnifield Dr. Canuto Campos LEG 505 Abstract The company, Network Appliance Inc., also known as NetApp, paid the government $128 million to settle allegations it overcharged GSA customers for information technology products. The case alleged that NetApp did not give accurate information about discounts offered to commercial customers. Under federal rules, companies are required to disclose how much commercial customers pay to ensure that GSA can negotiate the lowest price for the government. This paper will provide an ethical analysis of the case, identify contributing factors, and recommend corrective actions for the issues addressed. The False Claims Act The False Claims Act is an important tool for U.S. taxpayers. It is used to recover monies stolen through fraud by government contractors. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person to submit, false claims for payment of government funds are liable for three times the government’s damages plus civil penalties of $5,500 to $11,000 per false claim (TAF, 2011). The act imposes liability on any person who (1) submits a claim to the federal government that he or she knows is false, (2) knowingly submits a false record in order to obtain payment from the government, or (3) obtains money from the government to which he or she may not be entitled and then uses false statements in order to retain the money...
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...Embedded in certain contracts are several types of incentives; cost, performance, and delivery that encourage contractors to perform within contract requirements. Burleson states that cost-incentive contracts are the most common and the target profit or fee is established at the start of the contract. “Full profit or fee is paid when the actual cost meets the target cost. A fee reduction results when the actual cost exceeds the target cost, and an increase in profit or fee results from actual cost that is below the target cost” (Burleson & Wilson, 2007). Performance incentives are appropriate when the results of a contract, service or delivery, are considerably important. Performance incentives can be compared with the contractor’s performance on a service contract, or measured against performance data of a delivered system or product. Both cost and performance incentives also may “include positive and negative performance evaluations and a similar fee increase or reduction using a fee adjustment formula” (Burleson & Wilson, 2007). The FAR states, “No incentive contract may provide for other incentives without also providing a cost incentive (or constraint)” (Federal Acquisition Regulation, 2012). If improvement in the contract delivery schedule is the Government’s focus, then it is appropriate to negotiate a delivery incentive contract. “Deliveries can be objectively measured by the delivery data and quantity delivered; as in other incentive structures, delivery incentives...
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...1. Introduction Acquired immunodeficiency syndrome, also known as AIDS, is caused by human immunodeficiency virus (HIV).HIV damages body’s immune system by destroying white blood cells which help us to destroy invaded pathogens. When HIV enters a white blood cell, it may remain dormant. However, once it is activated, it infects another cell to produce many new HIVS. After a certain period of time, the white blood cells are destroyed and leading to a loss of function of the immune system (Y.K. Ho,2004). People infected by HIV will turn out to have AIDS. Infected people are very weak to fight off other infectious disease and soon they will die. According to the data and statistics of WHO, global summary of the AIDS epidemic, 2009, the number of people living with HIV is around 33.3 million and AIDS death in 2009 is around 1.8 million. How about China situation? We couldn’t find much data about China situation. Therefore, we have to explore the situation from other sources. 2. Current Situation of AIDS in China According to the ministry of health of the people’s republic of China, the number of people living with AIDS is about 370 thousand and AIDS death is about 60 thousand. The figure is much different from the prediction of United Nations (UN), UN predicted that there will be 10 million people living with AIDS at the end of 2010. So, which figure is more reliable? I would suggest the UN one and the following is my reason. In the early 1990s, the Chinese leadership...
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...RUNNING HEADER: BUY AMERICAN REQUIREMENTS 1 Buy American Requirements Strayer University Vicki Raper Professor: Larry Murphy Business 315 Cost and Price Analysis 2/08/2015 RUNNING HEADER: BUY AMERICAN REQUIREMENTS 2 Abstract In this paper let’s specify the main points of the Buy American Requirements. Next, let’s determine the substantive means by which the Buy American Requirements would benefit both VectorCal and Boeing Navigation System, Inc. Then, let’s analyze the fundamental ways in which the Buy American Requirements are contradictory to a capitalistic ethos, given that the U.S. government claims to promote competition and the U.S. espouses a free market ideology (i.e. capitalism). Support your answer with two examples of such a contradiction. Now, let’s debate whether or not you believe that the exceptions to the Buy American Requirements set forth by the government are fair and advantageous to the US economy. Finally, determine the key advantages and disadvantages of using the Buy American Requirements with the navigation system that VectorCal and Boeing Navigation Systems, Inc. Conclusion, I believe our government implemented the Buy American Requirement for a reason that being said. I believe that the Buy American Requirements is for keeping American people working and our economy a whole growing my investing in our future. Boeing Navigation Systems, Inc. and Vector will be ensured participation in these contracts, as well as future...
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...Selecting 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...
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...Socioeconomics of Government Contracting Joseph Casanova Professor Lateefah Muhammad LEG 440- Procurement and Contract Law July 25, 2012 Introduction Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion. Review and Discussion Legal Framework At present, federal procurement contracts are governed by a number of statutory and regulatory requirements, including the Federal Acquisition Regulation (FAR) (Nou, 2009). The FAR sets forth detailed procedures concerning virtually all aspects of the federal procurement process including notice and competition as well as awards and contract management (Nou, 2009). In addition, the Competition in Contracting Act of 1984 mandates...
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...What could conceivably be more troublesome than agencies’ violations of procurement regulations concerning bundling and contracting? In my opinion, the absence of remedy available to wronged contractors. Yes, contractors may demonstrate against bundled or consolidated solicitations as violations of the Small Business Act or the Competition in Contracting Act (CICA), but assistance is nominal at best for three reasons. First, such complaints generally only can be brought before GAO or a respective agency prior to the award for a solicitation as bundling and consolidation should be apparent on the face of the solicitation, and therefore, under bid protest rules, must be filed prior to contract award (LLP, 2013). In many cases, bundling...
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