¶ … Commercial and Government Contracting
The Differences Between the Formation of Commercial and Government Contracts
When a business moves from the commercial contracting marketplace to the government procurement world it must ensure a clear understanding of the specific rules and regulations to which it will be a party (Manos, 2004; Oyer, 2005). There are inherent risks in working with the government, but businesses that are careful with what they do can mitigate those risks and manage them effectively and efficiently (Barnett, 2003). There are four distinct areas where government and commercial contracting differ, and these are: kickbacks, false statements, false claims, and antitrust issues (Murphy, 2005; McKendrick, 2005). It is important to address all four of these in order to ensure that the differences between the two types of contracting are more easily understood.
In the commercial market, kickbacks are not illegal. For example, a subcontractor can offer to kickback a payment to another, higher-up subcontractor or the prime contractor in exchange for getting...
(Vancketta, 1999) The 'Changes' clause enables the Government "to make unilateral changes to the contract during performance, so long as those changes fall within the contract's scope." The Standard 'Changes' clause utilized in fixes price supply contracts allows the CO to make changes in writing to: 1) the drawings, designs, or specifications when the item is being specifically manufactured for the government; 2) the method of shipment or packing; or 3) the place
A micro considers the interests and rights of the individual company as the primary concern. Both of these views are valid depending on the lens that one wishes to use. The problem arises when the government is forced to develop policies regarding procurement in this volatile debate. The government must decide whether to take a micro view, favoring the rights of companies, or a macro view that places the
For example, the 1984 British government committee report suggested that "it is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child," in part because this threatens to undermine the traditional belief in an inviolable mother-child bond. Opponents who criticize commercial surrogacy from this perspective frequently attempt to differentiate between commercial surrogacy and "altruistic" surrogacy, in which
Republicans construed Obama as suggesting government bailouts for new industries, or at the slightest a more lively federal government function in generating or supporting jobs -- concepts abominations to a lot of conservatives. The Obama campaign countered the idea as political spin that does not replicate the president's feeling or meaning, pointing to full circumstances of the quotation as confirmation (Koch, 2011). Discuss the process of how a Bill becomes a
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1) Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in comparison to other disciplines such as mathematics and linguistics (Mather, 1999). When it comes to the promises contained in contracts of any type, there are some general guidelines but these do
awarding audit contracts by U.S. government departments and agencies Audit Management Red Rationale for and Objectives of the project main and secondary Desktop or literature search Rationale for Search Methodology LITERATURE/DESKTOP RESEARCH Authoritative sources Desktop Findings Justification for audits Evolving role of auditors Types of audit contracts Understanding the Audit Process Best practices and benchmarking Terminology Case Studies Audit management is a fundamental element in government accountability, control and performance management. Certainly there is justification within the Federal government to conduct audits of contracts for the
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