The research was done on the basis of the questions, the first question deals with; in case of the procurement law what are the regulations on dealing with unauthorised government agents who contract on behalf of it and what necessary action the injured party should take. The second question deals with the necessary actions a contracting officer should take before accepting a competitive contract and what factors should he consider in choosing the correct contractor.
The third question answers what will the National Oceanic Atmospheric Administration (NOAA) do in case of personal injury and damage to property to the residents of the cost and what does the law say on this matter. Question four highlights issues on copyrights of software and what the software developers should do. The last question deals with Alternate dispute resolution method and which is the best way to solve dispute with the government. Question one Since the FBI is a government institution the case will be against the government which will be making the contract.
According to the procurement law any contractor who seals a bid should have records regarding the pricing of the proposal any negotiations and the performance of the contract the necessary documents should be retained by the company for a period of up to 4 years. In this case Vandy Inc. should have all the documents regarding the procurement before considering to raise his complains this is because without the necessary legal documents regarding the negotiation of the contract with the dealer from the FBI.
Unless the company is bound by a legal written agreement FBI is not responsible for the loss the company has incurred. The company chief executive might have been engaging in business with a wrong person therefore the FBI is not liable according to the government procurement act and writing of contract is only done by the contracting officer . If the contracting officer was not involved then Vandy Inc. does not have the right to claim the supplies he has been giving FBI or the monetary value of $5000.
00 because he had been dealing with the wrong person (procurement policy 2000). In such a case then the CEO should consider suing the know-it- all agent for making him sign the deal yet he is not the contracting agent for the government for the monetary terms otherwise the deal was void. Question Two The contracting officer should first plan adequately and ensure that he is making the right decision by making thorough market research regarding the contract and should allow as many competitors as possible so that he can take full advantage before accepting the offer.
Secondly he should ensure that he has done proper coordination among the acquisition offices and the pricing should also be put into consideration. There should be proper coordination among the parties according to the government Accountability Office (GAO) many government institutions fail because of failing to take advantage of the possible competition among the contractors. With proper competition the government is likely to save more and promote efficiency in the offering of services (Dennet, 2007).
In order to promote fairness in the offering of the contract the procurement officer should first ensure that it has a competition advocates and work on the report of the officer according to the Federal procurement act in order to promote competition and challenge any barriers to good competition among the respective parties. The competition advocate should then provide a written report on the analysis of the company’s capabilities on competitive contracts.
The contracting officer should then ensure that the process is fair and transparent before deciding on which the contract will be offered he should then choose a party that is will work efficiently with minimum time of completion. Lastly past performance by he contractor should be one of the relevant requirements before awarding the contract. In considering on which competitor to give the contract he should consider on the information offered regarding the performance of both the contractors the best deal should be given to the one with the best performance .
In this case LLC might be right in wanting the consideration of both parties performance. (procurement policy, 2000) I would allow the contract to be awarded to Innovative concepts only if there past performance record is excellent this means that they should be efficient in their provision of services or goods they are offering the navy and that they will do it in good time. Also if the company cannot get the past performance it can consider the current performance records if any in order to know how the company will be performing.
If after the market research of the companies is done and Innovative Concepts provides the best pricing deal with the best product at offer then the company should be considered this is because the company will be reducing the tax payers cost at the best deal. Another consideration will be how close is the cost of the contract to the estimates of the Navy and the timeliness with the schedule on completion of the contract. Question Three
According to the laws that safeguard and protect the environment the citizens may file a suit if the relevant enforcement agency has failed in taking the relevant action in which the result will be the attorney ordering compliance by the relevant organization. The court may impose penalties but cannot award money damages for personal injury or property damage. With these guidelines National Oceanic and Atmospheric Administration (NOAA) might not compensate the residents of the coast of Florida.
The residents would have been compensated if the institution had bought the land and in this case they cannot claim for compensations therefore NOAA can not accept to compensate according to the law. (Environmental laws, 2009) Question four Copy rights issues are difficult to solve and the first question the will be did ITI Inc. let the Air force own the copyrights or did it retain the copyright of the software. The general rule is that the ‘author’ owns the copyrights (Copyrights act, 1976). If the company sold the copyrights to the Air force then it will have to ask for permission to use the software for the commercial purpose.
But if the company retained the copyrights of the software then it has the rights to develop the software reproduce it and distribute it to any other person who wishes to buy the software, unless the contractor was employed by the navy and in this the contractor was hired to only develop the software for the army. In another case if there was an agreement prior to the commissioning of the program that the copyrights were owned by the Air force then this means the Air force owns the rights and ITI Inc.
does not own the property and will have to ask for permission from the Air force before selling the programme to the other foreign nations. Question five There are 4 basic forms of Alternative Dispute Resolution(ADR) they include the negotiation, mediation, conciliation process, and arbitration understanding each of them is essential so as to choose a form that will help the contractor settle the dispute in a fairer manner . Negotiation there is no third party to facilitate the resolution process this may include writing a letter to the other party and citing your case and the considerations to the other party must make.
In this form of (ADR) the parties control the process and the outcome. Although the contractor will reach a solution it might not be the best as the government may decide to default the agreement since there is no binding agreement or formality on the resolution. In the mediation process there is a third party usually a mediator who facilitates the resolution process. The mediator may give suggestions on what to be done but cannot impose a resolution to the affected parties or even resolve the dispute the mediator should act as a neutral to both parties.
In conciliation process or law both parties have their attorneys to help those attorneys are trained and they are not supposed to impose a resolution to the parties. This process is part of the litigation and the court system and therefore it is formal. The contractor may choose this form this is because it has no earlier binding agreement and can be used any time. As a contractor the best method would be conciliation and both parties can choose a conciliator whom they prefer and if they cannot reach an agreement then two or more conciliators is allowed.
The parties then submit their disputes in writing this is because the process involves lawyers from both parties who can foster an agreement between the disputing parties. The arbitration process usually has a third party in this case a private judge or a panel of jurist The arbitration process usually has an earlier binding agreement and therefore the contractor may be limited if he did not have an earlier arbitration resolution this may not be the best since one has to have an earlier binding agreement. References Dennet R.
(2007): Enhancing competition in the federal Acquisitions; Memorandum for Chief Acquisition Officers and Senior procurement officers Government, (2009): Safe guarding the laws that protect the environment: Retrieved on April 10th from http://www. endangeredlaws. org/resourceguideglossary. htm Government (1976): The Copyright Act of 1976, 17 USC 201(a). Government, (2000): Office of procurement policy, 2000: Best practices for collecting and using current and past performance information. Lynch, J. (2001)”ADR and Beyond: A Systems Approach to Conflict Management”, Negotiation Journal, Volume 17, p. 213.