A complete overview of the federal construction contracting laws in play in the United States.
Research Paper # 53329 |
3,737 words (
approx. 14.9 pages ) |
15 sources |
APA | 2003
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$ 61.95
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Abstract
Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper
"The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, "construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property" (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, "land and all things that are attached to it" (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Tags:acquisition, architect, build, cfr, code, conditions, construction, contract, contracting, contracts, delays, design, differing, engineer, far, federal, laws, llabor, negotiation, payments, property, real, regulations, site, specifications, types
A look at the issues with personnel in government contracting and the acquisition management field.
Analytical Essay # 143113 |
2,750 words (
approx. 11 pages ) |
0 sources |
APA |
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$ 49.95
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Abstract
This project discusses the government's acquisition management program which relates to government contracting activity. The paper relates that government contracting has been increased over the past decade and has grown into a massive industry, yet, government contractors are able to avoid any oversight in terms of the quality of individual employees that either do the work of the government or that are provided for the government. The paper explains that the result is that these contractor employees often suffer from lower motivation and performance ratings because contractors reduce expenses by lowering the compensation it pays to these employees. Additionally, the paper notes that the government contract budgeting process makes few if any provisions regarding the quality of the employees that will be provided where much oversight could actually be included relative to whether firms were submitting budgets that reflected market rates for qualified employees.
From the Paper
"This project discusses the government's acquisition management program which relates to government contracting activity. Government contracting has been increased over the past decade and has grown into a massive industry. Yet, government contractors are able to avoid any oversight in terms of the quality of individual employees that either do the work of the government or that are provided for the government. The result is that these contractor employees often suffer from lower motivation and..."
Tags:qualified, personnel, contracting
An analysis of privatization, or "contracting out", including the effects of privatizing social services.
Essay # 29219 |
913 words (
approx. 3.7 pages ) |
4 sources |
APA | 2003
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$ 19.95
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Abstract
The author writes this essay comparing and contrasting three works, including that of Ronal Moe, around the idea of privatization, or "contracting out." The author also expresses an opinion of the effects of privatizing social services. Although the federal government has given many of their programs to the private sector, history reveals that the idea of privatization has not always been widely accepted. Nevertheless, the "movement" seems to allow the government to cut costs, all the while, weakening their power over these programs. The writers of the three works discussed would debate these issues. Despite the private sector's efficiency, privatizing social services could have a negative effect on disadvantaged clients.
From the Paper
"There has been continued debate over the issue of the privatization of public administration. Privatization can be generally defined as "any public policy decision that involves a reliance on a private means to achieve a pubic end." In Ronald Moe's "Exploring the Limits of Privatization," he examined the need for mutual coexistence and linkage between the public and private sectors while describing the limitations of privatization from a legal perspective. In "The Privatization of Correctional Facilities," Quinlan, Thomas, and Gautreaux provided an overview of the theory and the history of correctional privatization as an introduction to detailed information for the procurement and contracting process in the area of corrections. Both of these works can be compared to that of the "State and Local Fiscal and Privatization Trends" where Chieppo, Montague, and Savas discussed the experiences of different states and their desire, or lack thereof, to privatize government agencies. These three writings are similar in content; however, there are some portions where the ideas of they contrast."
Tags:chieppo, contracting, moe, montague, privatization, ronald, savas, services, social
Exploratory overview of electronic contracting, or e-commerce.
Analytical Essay # 128426 |
1,385 words (
approx. 5.5 pages ) |
5 sources |
APA | 2005
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$ 27.95
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Abstract
This paper explores the pro and cons of electronic contracting, or e-commerce. Online retailing has come a long way, the paper states, and represents a vital and growing segment of business-to-consumer transactions. The paper explains the classification of 100 major retailers, and how their identifiable traits affect their responsiveness to electronic contracting. The paper also discusses the challenge of authenticating online transactions, and the utility of digital signatures. In conclusion, the paper emphasizes the benefits of e-commerce, but advises that users proceed with caution.
From the Paper
"In 2003, the 100 largest direct retailers in North America were analyzed, with the following information identified: Retailers without stores do well as either 'efficiency machines,' or 'niche leaders.' Efficiency machines such as Amazon and Dell invest heavily in brand marketing, innovative Web sites and efficient sourcing and fulfillment processes. This approach worked well for sellers of relatively low-margin products like CDs, books, computers, etc. because of the ability to reach global markets. Of the top 100 direct retailers, only seven are efficiency machines, yet they accounted for a quarter of total online revenues. (Grosso, McPherson, Shi, 2005)."
Tags:Internet, Uniform, Computer, Information, Transaction, Act, signatures, Public, Key, Infrastructure, domain
Within the last four years, government contracting has moved to formally mandating supplier use of radio frequency identification (RFID) technology. This paper examines the character and implications of the change, describes the current process, and ...
Essay # 143545 |
1,500 words (
approx. 6 pages ) |
5 sources |
APA |
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$ 29.95
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Abstract
Within the last four years, government contracting has moved to formally mandating supplier use of radio frequency identification (RFID) technology. This paper examines the character and implications of the change, describes the current process, and suggests that the burden of the change has been placed on smaller suppliers, whose strategic usefulness to DoD may in any case be finished.
From the Paper
Abstract Within the last four years, government contracting has moved to formally mandating supplier use of radio frequency identification (RFID) technology. This paper examines the character and implications of the change, describes the current process, and suggests that the burden of the change has been placed on smaller suppliers, whose strategic usefulness to DoD may in any case be finished. RFID: A Change in Government Contracting In September, 2005, the U.S. Department of Defense (DoD) created a version of the Defense Federal Acquisition Regulation Supplement (DFARS) amendment
Tags:rfid, dod, supply
This paper discusses the relationship between the use of behavior contracts and student's ability to stay on task.
Essay # 50302 |
1,095 words (
approx. 4.4 pages ) |
9 sources |
MLA | 2004
|
$ 22.95
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Abstract
This paper defines behavioral contracting as a written contract containing behavioral obligations a student and his teachers, and often his parents, must fulfill, which usually involves incentives given to a child when he meets his behavioral obligations. The author points out that the aim of behavioral contracting is to modify "inappropriate", "abnormal", or "undesirable" behavior by gradually accustoming a child to a particular pattern. The paper stresses that the goal of developing a student's focus and attention is the essence of a behavioral contract, thus obligating a student to keep his focus on his task whenever necessary.
Table of Contents
An Introduction to Behavioral Contracting
Knowing a Child's Individual Needs to Achieve a Successful Behavioral Contracting
General Instructional Principles for a Successful Behavioral Contract
Refocusing Strategies to Keep a Student Stay on Task
Summary: Relationship Between Behavioral Contracts and Student's Ability to Stay on Task
From the Paper
"Provide Advance Warnings. Letting students know of the proceedings of a lesson or activity, such as telling them that the current lesson is about to end and a new one will be introduced, will keep their focus and attention on learning. Unlike when they are only aware that a lesson is to end, they might be eager waiting for that time and might expect or think of fun things to do like playing. Hence, their focus to learning will be lost."
Tags:focus, principles, strategies, incentives, reward
This paper discusses the ethics of private firms-government dealings in government contracting: Pricing, government requirements, undue influence, accounting, fraud and bribery.
Analytical Essay # 18707 |
1,125 words (
approx. 4.5 pages ) |
8 sources |
1991
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$ 23.95
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From the Paper
"Government contracts provide a particularly attractive market to private companies. There are tax benefits associated with government work, and the government has a tradition of paying its bills. Often, once a contract is obtained, there are no other competitors for that product; only one company manufactures F-18 planes, for example. Since the Department of Defense (DOD) is the largest government consumer of private contract work, it is the area which comes under the most scrutiny. Since the government's bills are ultimately paid by taxpayers, the media have recently focused attention on the subject of the ethical procedures followed and ignored by contractors. Headlines announcing $500 toilet seats and $50 hammers have raised questions among the public about the procedures DOD follows in auditing its contractors."
Tags:
A growth plan of a contracting company for the fiscal years 2002-2009.
Essay # 5658 |
2,800 words (
approx. 11.2 pages ) |
5 sources |
MLA | 2001
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$ 50.95
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Abstract
The writer presents a detailed fiscal growth plan for the upcoming years for the company taking many certain and uncertain factors into account. The present state of the company is examined, aims for the coming years and a vision of how the company should look in the near future.
Table of Contents
1.0 Executive Summary
2.0 Vision
3.0 Market analysis
4.0 Competitive analysis
5.0 Strategy
6.0 Products/services
7.0 Marketing and sales
8.0 Operations
9.0 Strategic Plan
10.0 Financials
11.0 Conclusion
From the Paper
"Horton Contracting is a sole proprietorship licensed in the state of Arkansas as a general contractor. The company has been in business since 1992. Horton contracting began with a small business building agricultural buildings such as poultry houses, barns, and small shops. They began with a single shop in Arkansas and since their beginning, have expanded their business to Missouri and Oklahoma. They have expanded their products as well to include commercial buildings, residential homes, and concrete projects. They serve as a sub-contractor for other construction companies such as excavators and masons. "
Tags:construction, project, retail, division, decline, business, growth, forecast, market, production, process
Discusses public sector issues, definitions, organizational factors, productivity, contract management, standardized procedures, goods & services and decision making negotiations.
Essay # 17936 |
2,925 words (
approx. 11.7 pages ) |
20 sources |
1989
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$ 51.95
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From the Paper
"The purpose of this research is to examine the process of contracting for goods and services in the public sector. Of particular interest are the prerogative of public performance, contract changes, contract default, contract termination, and the role of contracting in the public sector.
Contracting in the Public Sector
Contracting in the public sector is a part of the purchasing function. Purchasing always involves the acquisition of goods and services. In the public sector, purchasing almost always involves the acquisition of goods and services by an organization, for consumption by the organization, in the servicing of its client group.. In private-sector organizations, (...)"
Contracting Considerations for Tour Operators
A review of the issues facing small to medium sized tour operators regarding outsourcing transport and accommodation options in the package holiday industry.
Analytical Essay # 149745 |
2,703 words (
approx. 10.8 pages ) |
8 sources |
APA | 2011
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$ 48.95
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Abstract
This paper deals with the issues faced by small to medium sized business operating in the tourism sector who contract out transport and accommodation operations as part of a package tour. In addition to analyzing various options for these businesses, the report also gives a clear set of recommendations on the subject of outsourcing travel and accommodation options.
Outline:
Introduction
Contracts for Accommodation and Other Services
Contracts for Transportation
Recommendations
Conclusions
From the Paper
"In the first instance, the company must select between contracting directly with accommodation providers or through the use of a third party agency (Cooper et al 2008). Negotiation directly may help the company to save money by excluding the fees of a third party however, the downside is that the company may have to deal with a large number of accommodation providers each with their own peculiarities and unique circumstances. On the other hand, the company could opt to use another intermediary who will undertake such sub-contracting on the behalf of the tour operator, for the tour operator this reduces complexity in the contracting process in that the tour operator now has only a single point of contact (Holloway et al 2009). However, on the downside the tour operator will now incur additional costs from the fees levied from a third party, in addition the tour operator will also lose a degree of control over the accommodation which is to be provided and arranged by the third party. This may have an impact upon the tour operator whose clientele falls with the A and B social bands and so have very specific requirements in relation to their individual accommodation needs in comparison to other segments of the market."
Tags:outsourcing, service, providers, hotels, cruises