Final Exam: PROC 5890 1. You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approached you with a question. Jones and his company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 2,000,000.00) recently awarded to the Jimmy Smith Construction Company (Jimmy Smith, the prime contractor). Neither Johnny nor his company have ever been part of a government contract …show more content…
Law 95-563, by which only contractors, not subcontractors, may pursue claims against the government, and the term “contractor” is clearly defined as “a party to a Government contract other that the Government.” 41 U.S. C. §601 (4). To make the even clearer, the FAR prohibits a government contracting officer from consenting to a subcontract that obligates the contracting officer to deal directly with a subcontractor or that makes the results of arbitration, judicial determination or voluntary settlement between the prime contractor ad subcontractor binding on the government. FAR 44.203 (b). Lack of privities and the resulting barrier to direct claims does not, however, mean that no way whatsoever exists for a subcontractor’s claim to be heard. The regulations permit and the astute government contractor will ensure that its subcontract with the federal prime contractor will provide for “sponsorship of a subcontractor’s claim. Sponsorship is the practice whereby the prime contractor nominally prosecutes what in fact is the subcontractor’s claim against the government. The appeal of the claim is brought in the name of prime contractor even though the subcontractor is the real party in interest. FAR 44.203 (c) (Government Contract Law, pp. 419-420). Performance and payment bonds are an available tool to be mandated by the government for the protection of itself and of subcontractors.
Privatization has grown exponentially over the years as the government continues to try to find more economic ways to conduct business. Through the use of contracts, this is achieved by utilizing the lowest bidder. Should the work being done not meet the standards set forth, the contract is not renewed and the process begins again saving the government money by not having to hire Civil Servants who are then employees of the government, whom do not have a contract and are very difficult to get rid of should their work not be satisfactory.
The nutritional dietary consumption of carbohydrates is between 55-75% for the vast majority of the global population as their main source of food intake and energy. And the general populous continues to be misinformed by government agencies regarding what a normal, healthy diet, should be, as well as what a balanced diet looks like. Eating a low-carb high-fat, or ketogenic, diet of high fat, adequate protein and low carbohydrates can provide many health benefits as compared to the alternative of an unhealthy diet. Research suggests that a ketogenic diet builds a healthier body than
This review will address several issues associated with the legal, business, and ethics related with the case. First, it will address the legality of the case by reviewing the difference between a written and oral contract, and the results of recovering fees. Next, this review will analyze the business effect of the case as it relates to the monetary bottom line and Chuckrow’s attempt to protect his profits. Subsequently, it will highlight the unethical behavior of Chuckrow and its potential effects on future subcontractors’ trust in
The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in
Think about how you have used technology in science and other classes in the past. Describe 5 ways you have used technology in classes (2 must be from science). From your experiences and research, does educational technology improve teaching and learning in the classroom? Support your answer with at least 2 resources
Use publicly available information, including Securities and Exchanges Commission filings. Choose an organization that is introducing new products or services. Select an organization according to the following criteria based on team member experience: • Current employer • Most recent or former employer • Place of business patronized over a period of time and that members are familiar with Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment. Week Two Knowledge Check Complete the Week Two Knowledge Check. Capstone Final Examination, Part One Resources: Study Guides for MGT/521, HRM/531, LDR/ 531, OPS/571 Complete the Capstone Final Examination, Part 1. You are allowed one attempt to complete the examination, which is timed and must be completed in 3 hours. Results are auto-graded and sent to your instructor.
Per the text, Adams states that ethics in government contracting requires maintaining integrity in the procurement of products and services from private contractors. From the e-Activity, select two (2) components of Subpart 3.10—Contractor Code of Business Ethics and Conduct that interest you the most. Next, evaluate the level of necessity of these components that you have selected in
Which layer of the OSI reference model handles logical addressing (IP addresses) and routing traffic?
Contractors bid on U. S. Federal Construction projects and most contracts for federally assisted constructions exceeding $2,000 required to pay their employees the standard wage and benefit package that workers in the area performing similar work are earning the
Within the GAO there are many examples of reports that deal with contract disputes between private contractors and the government. These disputes often arise from one of the parties failing to comply with the aspects of the contract or in some cases the contractors may feel the government violated particular laws that may have not given them a far chance to bid on the contract. After carefully reviewing several different reports there are those that have some aspects of contract dispute but there is one that stands out to me because the contractor clearly feels they were not
This adds new Public Contract Code, under section 9204. This law requires all the state and local contractors, who have entered into public contracts on or after 1st January, 2017, to submit new procedural requirements for claims on any public work project (Smithcurrie, 2017). This bill was mainly passed because of United Contractor’s support and it was sponsored by David Chiu, the Assemblyman. It has been enacted for the betterment of all the citizens and the workers of construction industry of California. This policy was developed and also implemented by the State government. The Department of Transportation, Department of Corrections and Rehabilitation, Military Department, Department of General Services, Department of Parks and Recreation, Department of Water Resources and the High-Speed Rail Authority are not to be included in the “public entity”. The “public work project” refers to building, repair, alteration, erection, improvement of any public structure, construction and other similar work ((Murai, 2017). The claim herein is defined as a “separate demand by contractor sent by a registered or certified mail”. This section would become ineffective after 31st December, 2019 unless it is renewed. Instead of making amendments, the government declared this law as it has new schemes to resolve several issues. AB 626 provides mandatory three step documentation, informal resolution or dispute resolution procedures which is be followed by public bodies in
In 1982, the Virginia General Assembly established government public procurement policies. They did so through the Virginia Public Procurement Act (VPPA), enumerated in Title 2.2 chapter 43 of the Code of Virginia. Throughout the following years, the Governors of Virginia as well as the general Assembly sought to improve upon the VPPA. On September 2, 1998, Virginia Governor James Gilmore established, through executive order, the Commonwealth of Virginia Procurement Assessment Task Force. The Task Force had a mandate to develop recommendations on how to “improve the performance of the Commonwealth’s procurement efforts.” (Slater and Upson, 2000, pg.1) On February 3, 2000 the task force released a report which provided the Governor with five procurement
Because the federal government’s myriad agencies are headquartered in Washington, D.C., the rules of personal jurisdiction render the D.C. Circuit a forum for many anti-fraud suits against government contractors. For instance, under the False Claims Acct (FCA), a suit may be filed in any United States judicial district in which at least one of the named defendants to the suit “can be found, resides, transacts business,” or has made false claims to the government as proscribed in the FCA. Any corporate defendant headquartered Washington, D.C. is therefore within the personal jurisdiction of
1. (TCO 1) You work for a local construction firm, "DeVry Engineering Group" and your supervisor wants to test your knowledge and skills with Microsoft Excel and has instructed you to develop a spreadsheet to calculate weekly payroll for “15” employees with the following assumptions:
In the given situation, EDA has contracted WEA during the design phase of the expansion of these transportation facilities. WEA was the general contractor and decided to hire R&F as a subcontractor for specific duties during the design phase. The issue begins in the construction phase, if EDA were to contract Savmor. Unlike other bidders, Savmore would hire R&F as a sub-consultant. This was seen as unfair to other bidders for the project because R&F was already a sub-consultant during the design phase. This may cause a conflict of interest. Given this text, we believe R&F should not be precluded from working for Savmore or any other contractors. However, this can only be the case under certain conditions.