Evaluating Different Types of Contracts

The Federal Government is increasingly relying on the support of government contractors to support its daily operations. In fiscal year 2000 through 2005 alone, the Department of Defense’s operations and maintenance costs increased 57%, from $133.4B to $209.5B, while service contract costs increased 73% from $55.4B to$95.4B in these past five years alone. These increases are primarily due to a swell of military obligations due to the war on terrorism coupled with no increases in personnel. Sequestration, along with growing fiscal pressures on executive-branch agencies, are responsible for the gradually shrinking workforce, and agencies are rethinking how they operate to minimize cuts to public services. From 2013 to 2014, new employees entering

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 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

The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms.

Contract monitoring is the systematic review of a contractor’s records, activities, etc. to ensure compliance with the terms and conditions of the contract (Texas HHSC 2015). Because privatization aims to provide the government with the best value in terms of quality, service, and conditions, contracting does not end after the procurement process (Schooner 2011, 3). The administration of the contract, including monitoring, is just as important to ensuring that the state gets the best value. Despite the fact that there is a clear contract monitoring process within HHS, time is not always invested into developing a comprehensive monitoring approach and funds are not always allocated towards that process, preventing agencies

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

Performed oversight assessment of Contractor's Purchase Card (P-Card) procedures reviewed for detection of fraud, waste, and abuse, resulting in tighter internal controls (less card holders) and updates in contractor’s policies and procedures; Recommendations were made regarding safety and morale functions and incentives, and policies have been amended to tighten internal controls and to conform to federal regulations; Details given to federal lead for advice on performance fees of cost plus type contracts; Provided guidance to program managers and accountants on changes in law, policies, and procedures.

Procurement by public entities is guided by primary law principles of transparency, equal treatment and non-discrimination, procurement laws sets up an extensive legal framework regarding the procurement of work, supply and service contracts. There are two main reasons for the use of specific procedures i.e. why contracting authorities do not just negotiate or simply buy from the closest supplier. First, it provides for more public accountability and therefore less cases of corruption practices. Additionally, tendering procedures aim to ensure the best value for money by making it necessary for suppliers to act highly competitive. As a result, market mechanisms will help in facilitating the best possible practices. In situations where market mechanisms are not effective, tender procedures might lose their effectiveness as well. If for example there is lack of competition due to certain complexities or as a result of lower bidder interest, negotiations with just one or two suppliers may be the most efficient manner to handle the process. Therefore, we discuss the inherent advantages and disadvantages of sealed bidding and contracting by negotiation as procedural frameworks for tendering.

3. If the contract doesn’t have applicable and similar cost in it, the contractor should propose a cost and submit to the stakeholders to get a approval, and carry out.

In India, Government departments, organizations, public sector undertakings have adopted different formulae to compensate the contractor on the price variations of materials, labour and Petroleum, Oil and Lubricant (POL). Reimbursements for price escalation are provided in the Central and State government construction contracts namely Central Public Works Department, Military Engineer Services, Tamil Nadu Public Works Department. Reimbursement of material price escalation is calculated based on Whole sale Price Index (WPI) and Labour escalation is calculated based on the Consumer Price Index (CPI). Contractors working in construction industry have expressed their dissatisfaction with regard to prevailing escalation clause using WPI indices

In construction projects, mostly the firms (in this case the firms become client) do not have the skills or develop skills inside the firms to undertake the projects due to amount of the projects should be conducted or the complexity of the projects (Reve and Levitt, 1984). Therefore, the economic decision to conduct the projects is to procure them to third parties. However, more commonly the client agonize the final quality of the projects will meet standard requirements. Thus, impacts to involvement of complex contracts of construction procurement.

In this research paper I will discuss the process of contracting out, issues of cost, credibility, accountability, and quality and quantity of services. My discussion will also include reasons for contracting out, opposition, and advantages and problems of contracting out.

This essay will examine how to best prepare a contract administration plan. The contract administration plan will examine different methods used in preparing a plan. This essay will explain how important it is to have technical and other support of personnel, the importance of surveillance, and to determine what functions need to be delegated, identify qualified personnel as well as authorized, it is necessary for the Contracting officer to be represented in administering contract requirements. Also there will be a discussion on what is determined

When engaging in a construction contract, time is of the essence and running over time projections can cause literally millions of dollars in additional non-contract costs. Therefore, construction contracts that can provide incentives to complete the project on time or early are beneficial because they effectively penalized contractors who fail to deliver on-time performance. With a CPIF contract, the

1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example, free consent, is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is not freely given may avoid a contract. It therefore continues to be valid till the party whose consent is caused by coercion, undue influence, fraud or misrepresentation choose to avoid the contract within a reasonable time. Contract then is not