Contracting
An effective consulting contract is one that clearly stipulates the scope and deliverables of the project. Both the client and the consultant must have a detailed understanding of each element of the contract (Block, 2011). This paper identifies the steps and processes involves in preparing a consulting contract as well as managing contract negotiations. Attention is specifically paid to necessary contracting skills, the importance of the different sections of a contract, the different approaches to drawing up a contract, the appropriate setting for holding the contracting meeting, and important factors to anticipate during the negotiation process.

Necessary Contracting Skills

The first step in the consulting cycle is to negotiate and enter into a contractual agreement with the client. For the consultant to win the contract, however, they must possess and demonstrate certain skills, capabilities, and competencies. First, it is important for the consultant to exhibit a deep understanding of the service…...

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References

Biggs, D. (2010). Management consulting: a guide for students. Boston: Cengage Learning.

Block, P. (2011). Flawless consulting: a guide to getting your expertise used. 3rd ed. San Francisco: Pfeiffer.

Gray, D. (2004). Start and run a profitable consulting business. London: Kogan Page.

Contracting Policies
Established equired Contracting Policies

Organization

Establish equired Contracting Policies

Following is a white paper report regarding three specific steps in the contingency contracting process. This report will use the DoD accepted definition of "direct contracting support to tactical and operational forces involved in the full spectrum of armed conflict and military operations other than war, both domestic and overseas" (DoD, 2010).

Developing the Contingency Contracting Process

Contingency contracting is a complicated process that is "characterized an extremely high tempo, confusion and controlled chaos" (DoD, 2010). Since the initial phase of most contingency operations are expected to involve some amount of chaos initially, a strong development plan is a necessity.

Developing contingency contracting plans for "major regional conflicts; lesser regional conflicts; military operations other than war; domestic disaster/emergency relief; and, routine military exercises" (DoD, 2010) is complicated and requires the input of many governmental offices. The first stage would be to consult the Joint Contingency Contracting…...

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References

Defense Procurement and Acquisition Policy (DPAP). (2011). Contingency contracting fact sheet. Retrieved January 25, 2011 from   ContingencyContractingfactsheet1-20060911.pdfhttp://www.acq.osd.mil/dpap/contingency/reports/additional-resources/ar -

Department of Defense (DoD). (2010). Contingency contracting (CON 234). Retrieved January 24, 2011 from courses/CON%20234%20Pre-Course%20Materials.pdfhttp://www.dau.mil/registrar/pre-

GAO. (2010). Contingency contracting: Improvements needed in management of contractors and grant administration in Iraq and Afghanistan. Highlights of GAO. Retrieved January 25, 2011 from  http://www.gao.gov/new.items/d10357.pdf 

Long, W. (2010). Joint contingency contracting: A step forward. Defense AT&L. 10-14.

Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations.
Thus, a manager could attempt to work within the limitations of the contract to avoid even having to go to litigation within the constraints of contract disputes. With negotiation, rather than litigation, the manager can potentially succeed in minimizing liabilities and therefore financially benefit from the maintaining of the contract itself. The manager can then "Maintain the contract in being and accept its validity, but object to and seek to negotiate further within the contractual framework, the actions, proposals, or interpretations of the other," (Marsh 98). Now, this is not…...

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References

University of Phoenix. "Legal Environment of Business." Simulation.

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.

Marsh, P.D.V. (2001). Contract Negotiation Handbook. 3rd ed. Gower Publishing Company.

Contract Simulation and Management Simulation
Memo: Chief Executive of Span Corporation

Re: C-S Negotiations

Situational Overview

At present, Span is in negotiations with the C-S Corporation to determine the particulars of a joint venture between the two organizations. Negotiations have come to an impasse because of what is perceived as C-S's stalling techniques, designed to extract further concessions from Span. C-S has been continually changing the originally defined requirements of the negotiations.

What should Span do when C-S continually adds to or changes their original contract requirements?

One way to cope with this frustrating situation, however, is to view this volatile period of negotiations as a potential plus rather than a minus. Now, it is time for both organizations to take stock, then to come back to the negotiating table with more clearly defined objectives, deploying the current conflict in a positive fashion, with an eye to achieving a final and collective agreement. To make such…...

Contract
Agreement

Owners Names: George and Marilyn Comes Phone [HIDDEN]

Job Location: 123 Mockingbird Lane

Anywhere, USA

oof repair

Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and equipment to complete the entire tear off, repair and replacement of the roof located at the above stated location in accordance with the plans and specifications attached to this agreement. All materials, finishes, and labor provided herein shall be equal to or superior to those typically used in the roofing industry unless otherwise noted. Work provided by CHI includes, but is not limited to: the complete tear off of the existing roof, repair and/or replacement of existing subfloor, installation of new sub-roof, and replacement of all shingles. All work will be performed in accordance with industry standards and local building codes. CHI accepts no responsibility for any defect in the existing structure that is not covered by our work. All changes…...

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References

Cheung, S.O.; Wong, W.K.; Yiu, T.W.; Kwok, T.W.; (2008) Exploring the influence of contract governance on construction dispute negotiation, Journal of Professional Issues in Engineering Education and Practice, Vol. 134, Issue 4, pp. 391-398

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.
D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION. Any controversy or…...

A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.

Specific measures managers may take to minimize legal risk or realize legal opportunities.

Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS might be…...

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.

Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as restitutionary…...

Contracts and Procurement Project Proposal
The North Bristol NHS trust is building the Southmead Integrated Community Hospital. The hospital will have maternity and neonatal facilities, a breast care center, and clinical research teams. The hospital will be the new acute and integrated community hospital in the North Bristol area. It will be housed in the Brunel building which will be the regional center for neurosurgery, orthopedics, renal, plastics, burns, and accident and emergency center. For this project to be successful, careful strategies must be implemented in procurement of goods and services for the building project.

The Southmead Integrated Community Hospital project does not have clear procurement policies and procedures. Though the North Bristol NHS Trust has its own procurement policies and procedures, which may be applicable to this project, many of these have been found to be ineffective as a result of the tight deadlines for the project. The Brunel Building is…...

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References

  BRISTOL NHS TRUST. 2013. Southmead Hospital Bristol [Online]. Available: [Accessed January 1st 2014].http://www.nbt.nhs.uk/newhospitalNORTH 

RUSSILL, R. 2010. A Short Guide to Procurement Risk, Farnham, UK, Gower.

Financial Contracting for New Venture:
Investments in a new venture usually involve financial contracts between the entrepreneur and external investors. These external investors include venture capitalists, angel financiers, banks, private financing companies, and credits unions among others. Notably, financial contracts can have positive and negative effects on the new venture. For instance, an angel financier can add a clause on the financial contract that will not permit the entrepreneur to borrow more funds without permission from the lender. While this is likely to occur when the lending institution has a mortgage or lean on the venture's property, the clause is usually added to lessen foreclosure risk. As an individual seeking to venture in a clothing business for the Mixed Martial Arts customers to provide shirts, hoodies/fleeces, and hats, it is important to choose the most appropriate type of financial contracting with the external investor. This process of selecting the most suitable…...

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References:

Anderson, C. (2013, January 25). 8 Things You Need to Know About Starting A Fashion

Business. The Huffington Post. Retrieved January 10, 2014, from  http://www.huffingtonpost.com/2013/01/24/starting-a-fashion-business_n_2534518.html 

de Bettignies, J. (2008, January). Financing the Entrepreneurial Venture. Management Science,

54(1), 151-166. Retrieved January 10, 2014, from  http://web.business.queensu.ca/faculty/jdebettignies/docs/EntrepFinPrintedVersion.pdf

Performance-Based Contracting
Since federal contracting began, the federal government has continuously sought ways to manage and more efficiently execute the contracting process. The enduring goal is to achieve maximum effectiveness and ensuring the desired contract outcomes are reached by the contracted party. One tool to achieve this end is the Performance-Based Contract introduced in the early 1990's as a child of Performance Based Acquisition (PBA). This paper will discuss the history of Performance-Based Contracting as well as the benefits, goals and outcomes of this relatively new and innovative contracting initiative.

History of Performance-Based Contracts

Performance-Based Contracts stemmed from reforms made in 1993-1994 as a result of the President's Management Agenda. The President's Management Agenda gave birth to the Government Performance and Results of Act of 1993 as well as the Federal Acquisition Streamlining Act of 1994. Performance-Based Acquisition (PBA) is the materialization of the reforms mandated in the above mentioned Acts. Performance-Based Contracts…...

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Works Cited

Daly, Donna, Jennifer Tucker-Tatlow, and Carrie Gibson. "Innovations in Performance-Based Contracting." Southern Area Consortium of Human Services. N.p., n.d. Web. 10 Feb. 2012. < heacademy.sdsu.edu/Documents/InnovationPBCReport9-14-04.pdf>.

"PBA - Overview." Installation Management E-Time Page. N.p., n.d. Web. 9 Feb. 2012. .

RFP Process Review of Request for Proposal
The objective of this study is to review a sample request for proposal for implementation assistance and training support. Specifically the Department of Homeland Security (DHS) is accepting proposals from firms that support Evergreen, an open source software. DHS seeks assistance in training staff, and providing support to staff responsible for planning and implementing the launch of Evergreen as an integrated research system. The services to be performed include assisting the DHS in making changes that bring to use of electronic circulation of an online catalog and technical support services and to provide recommendations to DHS for hardware procurement and firewall procurement. Included will be: (1) Scope of Work and Cost Proposal: Complete responses for each item in Services to be Performed; and (2) Relevant Experience: Detail your firm's experience in providing Evergreen installation services, as well as Evergreen support services.

The id Process

The bid…...

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Bibliography

Edwards, VJ (2003) Competitive Processes in Government Contracting: The FAR Part 15 Process Model and Process Inefficiency. Competition in Government Contracting. Dell Computer Corporation.

Goldstein, JM and Prieto, VL (2000) Nova Law Review. A SURVEY OF FLORIDA'S RECENT DISTRICT COURT OF APPEAL AND ADMINISTRATIVE DECISIONS INVOLVING BID PROTESTS: CHALLENGING THE GOVERNMENT'S CONDUCT. Surveys of Florida Law. Fall. 2000.

Contracts and Performance-Based Acquisition
A contract is a planned and legal agreement made between two or more parties with intent. It could be oral or written and may involve business individuals, employers and employees, or tenants and land lords. elations built through contracts emerge from offers given, reception, intentions, considerations and genuine consent, and legal agreement from which the contract began. Every person involved in a contract gains responsibilities and rights similar to those of other individuals in the contract. Legally, all parties benefit equally from the contract, meaning all members are entitled to equal rights whatsoever. While contracts remain enforceable whether they are spoken or written, a written contract ensures legal security to all parties involved. This is because a spoken contract will only depend on the loyalty of people involved but with not future reference whatsoever. A written contract on the other hand will have recorded details on…...

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References

CCH Incorporated. (2007). Government contracts reference book; New York: CCH Incorporated,

C. Ralph. (2012). Intellectual property in government contracts: 2012 statutory and regulatory supplement. New York: Wolters Kluwer Law & Business Publications

C. Terrence. (2007). Understanding government contract law. New York: Management Concepts Publishing

F. Steven. (2011). Feldman and Keyes' government contracts in a nutshell, 5th (West Nutshell Series). Minnesota: West Publications

Contract:
Elance has a Services Agreement, which acts as part of company's Member Contract between Client and Provider. The agreement is considered effective after a client awards and provider accepts a job on the firm's website. In this case, the Member Contract is implemented once the client agrees to purchase and the provider agrees to deliver a job on the site. In order to ensure the suitability of the Member Contract, the Service Agreement is based on the company's conditions, terms, rules, guidelines, and policies that include the organization's terms of service. Notably, the client is responsible for managing, accepting, evaluating, and making payments for suitable Provider Services based on the Member Contract in an apt and professional way. One the contrary, the Provider is responsible for the quality and performance of Client Services based on the Member Contract in a professional and timely manner. This Services Agreement or Member…...

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References:

"Hypothetical Case Scenarios -- Procurement, Patient Choice and Competition Regulations."

(2013, May 20). Monitor. Retrieved October 4, 2013, from  http://www.monitor-nhsft.gov.uk/sites/default/files/publications/ToPublishIllustrativeCaseStudies20May2013.pdf 

Mack, D.J. (2011, October). Basics of U.S. Contract Law. Retrieved October 4, 2013, from  http://www.ieee.org/membership_services/membership/discounts/us_contracts_basics.ppt 

"Services Agreement between Client and Provider." (2010). Elance. Retrieved October 5, 2013,

contract for sale must be made and signed by bot parties or by parties' autorized agent. All details must be clearly and specifically stated. Te contract must also satisfy all details of subsection and satisfies requirement unless recipient gives notice of complaint witin 10 days of signing contract. All tese contracts refer to goods of $5,000 or more.
A contract wic even toug it does not satisfy te details of subsection, may still be enforceable if:

buyer as specifically requested goods tat are custom-made just for im and would not be suitable for anoter if te party against wic claim for enforcement was made admits tat te original contract was enforceable but tat e sees no grounds for enforceability under tis or oter paragrap contract is also enforceable in regards to goods tat ave been paid for, accepted, and used.

Contracts may become unenforceable if not carried out witin te process of…...

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http://www2.gsu.edu/~rmipzb/contracts.htm

UNIFORM COMMERCIAL CODE - ARTICLE 2

 http://www.law.cornell.edu/ucc/2/overview.html