This analysis on the impact of the governing policies and regulations as they specifically pertain to procurement, acquisition and contracting perspective surrounding the business dealings between Commodity Credit Corporation (CCC) a government agency and American Renaissance Lines, Inc. (ARL). This analysis will identify core decision(s), rationale for pursuing court proceedings, the immediate and future implications. In May 1966, ARL a private shipping company responded to an open invitation issued by the United States Government through the Commodity Credit Corporation to participate in providing a bid for the transport of large amounts of foodstuffs from the United States to South Vietnam. The solicitation of external …show more content…
American Renaissance Lines, Inc., responded to the government complaint and countered that the government could not enforce a charter agreement made orally, only. However, following the denial of the motion by the District Court, ARL submitted the oral charter issue to the Court of Appeals for review. In the case with ARL the entire agreement was made orally, and no written contract was sent until after the agreement was denied. American Renaissance Lines, Inc. declare that vital provisions were never agreed upon, and disputes the CCC version of what was actually agreed to, e.g., whether long or short tons were meant was a major point of contention. Protection for the private company, as well as the Government, is necessary under these circumstances. A Congressional mandate was issued, in order to ensure protection for both parties (private and Government) and to better clarify guidelines with respect to contract actions. “After August 1954, no amount shall be recorded as an obligation of the Government of the United States unless, it is supported by documentary evidence of the 1955 Congressional Supplemental Appropriation Act, 1311(a)(1) a binding agreement in writing between the parties thereto, including Government agencies, in a manner and form and for a purpose authorized by law, executed before the expiration of the period of availability for obligation of appropriation or fund considered for specific goods to be
Federal Acquisitions Regulation (2005). General Services Administration, Department of Defense. Retrieved from http://www.acquisition.gov/far/current/pdf/FAR.pdf 21 June 2014.
Any contract for transporting freight or personnel by vessel, aircraft, bus, truck, express, railroad, or oil or gas pipeline where published tariff rates are in effect;
In theory it was the president (The Department of the Treasury) who the necessary money, to cover the budget.
In order to first start a policy process, the problem for which a policy is to be created must be identified and the policy holding a solution to the problem. Researchers and stakeholders will investigate the problem to identify if the policy will reach the policy making agenda. Policies must be to improve society’s health and wellbeing. In the United States (U.S.) public health related issues that require a formulation of a new policy and come from local, state, or federal legislations which ruling govern the provision of health care services and regulations. In this
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 $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in
only request from the states.) This is important because Congress were unable to raise money
In recent years our newspapers, televisions, and radios have been inundated with news stories about sexual offenders and sexual predators. Stories such as the kidnapping and murder of Polly Klass, Carlie Brucia, Amber Hagerman, and Jessica Lunsford have shocked the nation. Sex offenders and predators commit despicable acts; however, their acts seem more despicable when they are committed upon the most venerable members of our society, our children. Even with the new Jessica Lunsford legislation in Florida some citizens feel that it is not enough to keep their communities safe. Many cities are now looking at limiting the areas in which sex offenders and predators can live in hopes of protecting children. Many
1. You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approached you with a question. Jones and his company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 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
The Federal Acquisition Regulation organizes the mandatory terms and conditions to form a binding agreements and contracts between the federal government and
Even the contracts are expressly agreed to by the parties, those terms need to be inter-preted and the court must ascertain the terms and meaning of the parties to the con-tract. According to the UCC, the court would look to the relevant course of perfor-mance, course of dealing and usage of trade to determine the meaning of the words of agreement.
Nagle, J. F., & American Bar, A. (2000). How to review a federal contract: Understanding and
Strict adherence to formal procedures characterizes sealed bidding which attempts to provide a “level playing field” or as a multitude of references point out equal footing to all bidders who compete for a contract. Competitive negotiation is a more flexible process that enables the agency to conduct discussions, evaluate offers, and award the contract using price and other factors. The Federal Acquisition Regulation (FAR), whose origins can be traced back to the ASPA of 1947 was codified at Title 48 of the Code of Federal Regulations and became effective 1 April 1984. The FAR contains the uniform policies and procedures for acquisitions by all federal agencies to date. It addresses nearly every procurement related statute or executive policy; and subsequently encompasses every stage of the acquisition process. In a nutshell, FAR appears to have modernized and thus enveloped the aforementioned three acts.
In its defense, NNS claimed that DCAA may subpoena materials that it is used only for determining contract costs or data that is utilized for allocating costs to specific Government contracts. However, these documents provide DCAA with factual data that is used to verify actual cost both direct and indirect (i.e. G&A overhead cost.) The court rejected NNS’s argument that proposes that DCAA can only review cost or pricing data used to calculate costs charged to the Government.
Government policy can be described as the declaration that defines the objective of the priorities and goals of the government. Since these policies outline the rules, role, and procedures, they develop a framework in which the government and its citizens can carry out their specific duties. The public policies are created by all governmental levels and target the entire population or particular groups. The process of developing these policies involves the engagement of governmental officials and citizens. On the other hand, politics of government provide the platform for the development, establishment, and implementation of public policy. Therefore, the politics of government are the platform with which public policies are adopted and implemented.
There are various government structures in organizations although they are different from one branch of the government to the other. The structures help the government manage its economy efficiently. In the economy a too big to fail firm (TBTF) exists and it is defined as one that its complexity, size, critical functions, and interconnections are in the sense that in case the firm goes into liquidation unexpectedly, the rest of the economy and financial system will face severe consequences. The government provides support to TBTF companies not because they favor them but because they recognize implications for an advanced economy of allowing a disorderly failure outweighs the cost of avoiding the failure. Helping the TBTF firms enable the economy to realize high revenue. Various activities are to prevent their failure. They include providing credit, facilitating a merger, or injecting the capital of the government. The paper addresses the structures of the administration and the concept of too big to fail in financial and non-financial institutions plus the ethics involved with the theory.