The Competition in Contracting Act (CICA) of 1984 requires that all acquisitions be made using full and open competition. Seven exceptions to using full and open competition are specifically identified in FAR Part 6. Written justification must be provided when utilizing any of these exceptions. Additionally, depending on the dollar value of the purchase, the exception, along with supporting documentation, must be certified and approved at certain levels. Two of the seven statutory exceptions include:…
In order to determine the integrity of the recruiter and the CEO, we first need to understand what integrity is. The term integrity is used in the business literature to describe different leadership traits. David Bauman highlights an example of integrity's multifaceted nature provided by Bill George who is one of the most influential practitioner/writers on leadership today (Bauman, 2013). In his book Authentic Leadership George writes,…
More than 90% of America's businesses are classified as "small" in terms of dollar volume or number of employees. In order to help these small businesses get the financing they need at reasonable rates and terms, SBA loans are partially guaranteed by the government. This means that SBA lenders like Business Lenders can often offer a much more favorable loan structure than is commonly available from conventional loans, such as those offered through banks.…
The Little Steel Company is a small steel fabricator that makes steel parts for various metal machine shops. When Little receives an order from a client, it must locate and purchase 10 tons of a certain grade of steel to complete the order. Little sends an e-mail message to West Coast Steel Company inquiring into the availability of 10 tons of the described grade of steel. West Coast replies by e-mail that it has available the required 10 tons of steel and quotes $450 per ton. Little replies by e-mail that it will purchase the 10 tons of described steel at the quoted price. The e-mails are signed electronically by Little and West Coast. There is no date set forth in the e-mails for delivery. When the steel arrives, Little rejects shipment, claiming the steel was shipped too late. When West Coast sues Little for breach of contract, Little also raises the defense of the Statute of Frauds. Who wins, and why?…
Sarah’s company relies on contracts with suppliers to keep her business running efficiently. Shippers, vendors, and financial institutions etc. all require a high level of contract management to maintain efficient relationships with all of them. Understanding the effect of a good contract administration is essential in business making decisions that would maximize revenues and minimize risks. A contract is drawn up to create the guidelines for a business relationship. When parties abide by the terms of a contract, the company gains from the benefits that it has to offer. But poor contract administration can cause businesses to violate terms of the contract, which can lead to penalties, fines and a potential lawsuit. Good contract management is to prevent the high cost of the contract penalty clause, should dictate each move made with a contracted entity. Part of effective contract management is developing comprehensive training programs that inform employees of the benefits of following the terms of the contract. For example, in my company the purchasing people are informed of the various ways that an agreement with a vendor can benefit the company and how it will save the company money.…
The Better Business Bureau (BBB) is a trade association, which creates regulatory requirements for those who participate in membership (O’Brien, 2012). Ultimately, their primary goal is to ensure organizations are accountable and are acting in a socially responsible way. Thus, they inform consumers of any violations and recognize businesses who perform well. Historically, they have been performing these services since in 1912 as the National Vigilance Committee, but later changed their name to the BBB in 1921 (Ferrell, Fraedrich, & Ferrell, 2011).…
Situations that involve written and oral contracts between clients and contractors happen every day. Quite often, a price is agreed upon based on a completion date and the performance that happens along the way. One such situation that I have experienced was when my Dad decided to purchase a brand new townhouse in a downtown Cincinnati residential redevelopment project. A private contractor named Drees had won the rights from the city to be the only firm that could be used in the construction project and they are very popular there. A contract was signed between my parents and the developers that a new home would be built to their specifications and delivered within a six month period and upon that date they could move in. The focus of this analysis is to bring the contract under scrutiny that existed between Drees and my parents and how the contractor performed their duties.…
The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :…
Any contract for the sale of goods that exceeds $500 falls under the statute of frauds and must be in writing to constitute an enforceable contract. The contract between Tidwell and Anthony amounts to $50,000 and must be in writing to be enforceable, which presents the first issue in this problem. There are, however, alternative means of satisfying the Statute of Frauds. In this case, Tidwell provided Anthony with a good faith payment of $10,000 when the oral contract was entered into on June 1. This earnest payment falls under the partial payment rule. The UCC permits partial payment to satisfy the Statute of Frauds, but only for the quantity of goods that have been paid for. In this case, Tidwell should be entitled to the quantity that he should have received for the $10,000 when the oral contract was entered into on June 1, which would amount to 20 heads of cattle. The second issue in this problem arises from the price change that occurred on June 3; the price has reduced from $500/head of cattle to $400/head of cattle. In this case, Tidwell has the opportunity to realize a savings from Anthony’s repudiation and can purchase the cattle from a different seller for a lower price. Thus, Anthony would not owe Tidwell any additional damages other than putting him back in the position he was before the contract was entered into, which would require him to either return the $10,000 or provide him with 20 heads of…
I would like to present information to recommend a full financial status review prior to submitting a government contract bid. I will discuss the impact of fraud and abuse on a company, government oversight of fraud and abuse, the potential corruption schemes to be aware of and the recommended types of accounting evidence and methods of gathering evidence to support the financial status review. I will present the definitions for each and possible impacts of…
Q.3. Is there anything else that can be done to curtail this sort of egregious business behaviour (scandals) other than legislation?…
Kate McCaffrey’s novel “Destroying Avalon” is a very revealing text that is highly recommended for parents and teenagers to read. This novel teaches teenagers and parents the consequences of bullying over the cyber world and how it affects not only the victim but also the loved ones and even the bully. This is displayed by McCaffrey’s interesting plot structure. “Destroying Avalon” draws the attention of teenagers as it has great use of suggestive and unique language techniques.…
In accessing the Equal Employment Opportunity Office (EEOC) website, I found it very hard to find a clear and concise reason as to why small businesses were treated differently than the larger businesses and why the law would differentiate between them. These smaller organizations are sometimes treated differently by the EEOC because they lack the resources that most large companies possess. Most small businesses can't afford to hire the best qualified…
The FBI defines white collar crimes as lying, cheating, and stealing. The Department of Justice defines them as non violent illegal activities that involve deception. White collar crimes falls under the purview of Criminal law. They are usually committed for financial gain. They are committed by means of deception used by people who are in an entrepreneurial professional or semi professional position. Not all people that commit white collar crimes are semi or professionals or have special technical knowledge as once thought by the government (Strader, J. K., 2002).…
Sasser, Tanya. "Small businesses are favorite targets of white-collar crime." Houston Business Journal 24.n48 (April 14, 1995): 18(1). General OneFile. Gale. Apollo Library. 30 Sept. 2009…