Contract Administration and Change Issues Term Paper

Contract Administration and Change Issues - Term Paper Example This is significant as it gives them the right to deal with contract changes as they deem them appropriate. They also approve the use of experts. Additionally, the right to terminate contracts reduces chances of conflicts and lawsuits where there is the likelihood of disagreement. Government contracting binds the terms of the contract between the contractors and the contracting officers as employees of the government, contracting officers and administrators ensure that contracts are run smoothly as per the agreed terms, while at the same time safeguarding the interests of America (Department of State Foreign Affairs, 2012). The officers and administrators ensure that funds are available for procurement and contract activities. GAO investigated the department of energy due to the high costs involved in them. With the responsibility of ensuring that there is adequate use of resources, with calls for lower government spending, then effective monitoring of costs achieves this purpose. Contract schedules identify the activities to be carried out in the contract agreement; it spells out the time for the completion of the activities in a chronological order. Adequate allocation of the available resources is also required to avoid unnecessary delays in contract implementation. Contract activities are then linked together to produce the overall schedule of activities, this, ensures that there is no duplication of activities. Another essential part is estimating the shortest time in which the contract can be completed; this follows the individual time of the activities. There is a need for analysis of the risk factors inherent in the contract, which may delay its completion. An improvement of the methods used in scheduling leads to a better estimate of the time required and the cost involved. Revenue flows can be better projected using the time

Persuasive Memo Assignment Example | Topics and Well Written Essays - 500 words

Persuasive Memo - Assignment Example , it is the opinion of our legal department that we are not going to be in violation of any laws should be decide to with-hold healthcare coverage of part-time employees. Although our responsible research teams have assured us that we are not facing any legal backlash by withholding ACA coverage to our variable-hour employees (part-timers), it would still be best for us as a corporation to offer our variable hour employees access to a medical plan coverage which they may choose to accept or waive depending upon their personal ability to pay for the coverage. We are under no legal obligation to shoulder their health care coverage. However, other companies such as Trader Joes have offered similar plans to their employees with successful results as more part-time employees opt to shop for insurance coverage on their own based upon their own ability to pay. (University of Missouri System, â€Å"The Affordable Care Act†) An in-house survey of our variable-hour workers shows that they often have other jobs aside from the one that they currently hold with us. Their other jobs have also offered them the opportunity to either partake of company insurance coverage or procure their own health insurance coverage. It appears that they have mostly made their own arrangements for their individual insurance coverages. It is understood that our company values the contribution of our variable-hour workers to our companys growth and reliable income performance. Therefore, it would be in our best interests to still find a method by which we can care for our variable-hour employees health without giving them to same insurance coverage as our regular employees. We have come up with a list of possible recommendations for your approval. We can offer one or both of the above recommendations to our variable - time employees as an incentive for them to stay healthy and lessen their sick days. Kindly let me know as soon as you have decided upon a course of action based upon the

Gag Clauses Essay Example for Free

Gag Clauses Essay For the past ten years, the Health Management Organizations (HMO), who is responsible on the health care programs, had imposed a new system that restrict and inhibit physicians in communicating to their patients. (Wynn, 1996) This is known as ‘gag clause†. The physician must not discuss the medical condition and all treatment options of their patients. These include the right health care plan, the appropriate treatment and medications that may be benefit to the patient in terms of cost. (Liang, 1998) The issue on the gag clauses creates a big noise especially on the practitioners and physicians. This issue receives many criticisms. According to some critics, it is the obligation of a physician to educate and inform his patient on what kind of treatment, and the kind of health care plan. This is because physicians are trained to treat the bad health conditions of their patients. The gag clause thus inhibits the open discussion of the two parties. Because of the gag clause issue, the House of Representative and the Legislature of United States are now making a proper move to inhibit the gag clauses in physician contracts. But almost 200 million of the citizens of the said country rely on health care programs of HMOs. The lawmakers of United States, who had made laws and enforces these to protect its citizens, medicine companies as well as the practitioners from the HMOs, still HMOs finds a way to control the actions of their hired physicians. This is the termination-without-cause clause. In this clause, the physician to be hired by HMOs can be fired for any reason. The restrictions of physicians in communicating to their patients produce major problems especially on the side of the patient. One of these problem is the lost of trust and confidence of the patient if his original physician has been deselected. Then the second physician must handle the latter treatment on the patient which is very difficult because of little time. Then the second physician also faces a constraint in communicating to his patient. This will result to low quality health care service given by HMOs. The welfare of the patients is being jeopardized because of gag clauses. A study was conducted on the performance of physicians experiencing gag clauses from their health care company. From the physicians who were interviewed, majority do their medical obligation as part of their ethical duties in providing the necessary medication and treatments for their patients. They do not even read carefully the provisions of the contracts they signed in handling their patients. But because of the alarming issues on the deselecting, physicians were limited on communicating to their patients the health conditions and proper treatment. While on the side of physician sectors, there profession is being put at risk. As a physician, their responsibility is to take care of their patient which is the core of their medical responsibility. If these physicians were unluckily deselected, their ethical responsibility to raise and support their family will be affected. Thus, physicians are faced in a two situations were they must choose which will they do. Thus the purpose of their profession is being sacrificed. In almost contract signing, there are some elements to consider and understand by both parties before they undergo in signing. Some of the key terms to consider are the payment terms, duty and obligations of parties, representations and warranties, conditions on the closure of the contract, some liability issues and termination rights. In contract signing in a managed care setting, the identification of the parties who will sign the contract must first be done. In terms of managed care setting, the health care provider, physicians and the consumers or patients are the main characters. Then the recitals will follow. In this part, it contains the background of the contract as well the objective. The obligation of the parties involved is the next element to be discussed before signing. The health care provider will provide all the necessary treatments needed by the patient for his wellness. This includes the necessary and appropriate health care plan. While the physician medical responsibility is to provide the necessary treatment needed by the patient in which he can apply his profession. These include care and medication of the patient. And lastly, the obligation of the patient is in term of financial obligation for the health care provider and to the physician. (Allbusiness, 2007) Next to be considered are the terms of the contract. It must be clearly stated what are the sanction if one of the terms was not made. Also, the contract must be known if it is an only one time or it can be renewed. And if the contract is renewable, how it can be renewed? These questions must be first answered before the signing of the medical health care contract. After this, the price must be set. How much will it cost the service of the health care provider to their costumers or patients and the salary of the physician assigned, as well as the terms of payments between the parties? When will the due of the payment and what are the consequences if the due was not met by one of the party concerned. Warranty is also part of a contract. The warranties must be clearly stated on how it can be claimed and in what way. If the health care program does not meet the terms, how will the health care provider pay the consequence? And how long the warranty will is good for. And lastly is the term of termination of the contract. When will the health care program end in concern on the patient? When will the physician medical obligation ends. The above are mentioned are the key terms in contract signing in a health care setting. (Allbusiness, 2007) In contract signing in a health care setting, a major concern that must be considered is that-if the contract contains provisions of illegal act? Because majority of the HMOs contract’s contain provision of not letting communication on the physician-patient relationship, the Federal government of United States enforce these HMOs to eliminate these gag clauses. In a contract, it is stated that the patient under a health care program is entitled to all benefits of the health care program. ( Scanlon, 1999) Because of this, the Health Care Financing Administration force HMOs to eliminate gag clauses on their contracts. If a contract contains illegal act such that of the gag clauses, it will be considered as a violation on the Medicare law. This is because almost physicians believe that inhibiting them in communicating with their patients about their medical condition might result to increase on the risk on their health condition. (Frascati, 2005) Even tough some of the health care plans of HMOs were revised in connection with the gag clauses; still there are provisions and conditions that hinder the communication of physician-patient relationship. Some of these provisions are the business confidentiality clause, nondisparagement clause and nonsolicitation clause. These provisions are discrete form of inhibition of the communication. (Lott, 1997) If one of the provisions in a contract is unenforceable like no legal action or waiver of right to trial by jury, and then the contract is considered void. (Higuchi, 1995)

The Self Criticism And Reflection Education Essay

The Self Criticism And Reflection Education Essay During the college years, I had multiple hurdles that I have encountered. One of the biggest hurdles was time management and procrastination. Throughout my education, I have always been a procrastinator, even in finishing up this essay. When I go into my assignments, I will always go with good intentions and plan on getting them done early so that I will not have to worry about doing them later. However, life seems to get in the way. I always find something else that needs to be done immediately, while my assignments are not due for a few days. I also find it very difficult to motivate myself if the assignment is not due right away. I have myself convinced that I will do better under pressure. So I always end up putting myself in that situation. Although throughout my education so far this technique has worked, I certainly believe that it will not work through university. In order to change my ways of thinking about assignments and deadlines, I need to set some concrete rules for me to follow. First off, I need to set realistic goals. I often set goals that are very unlikely to get my work done. Therefore, to improve this, I will try to break my assignment into parts and give myself more than enough time to accomplish each task. By doing this, my time will be fully utilized instead of wasted. In co-curricular activities, I realized that I had done little in games and clubs within the university, despite having a number of athletic teams, training personnel as well as other facilities. I was not able to attend any of the activities and even spent most of my time playing games on my personal computer rather than being involved in real athletics. Therefore, I have made strict schedules to allow me attend my favourite games which are football and rugby. I believe sports can season me to be mentally and physically fit. Moreover, physical fitness is important for all, and is also the main core for engineers to go the distance. In life, we are bound to encounter challenges. Thus, by doing sports, I hope they can help me to steel myself in coping with the challenges in life. Furthermore, as most sports involve precision, which is fundamentally linked to engineering, it also helps me to develop the natural traits as an engineer. Through the hurdles, I also realized some of my strength. One of them is that I always get all of my work done. I always make the time and find the will to get them done. This takes a lot of self-discipline, because I could always been distracted with other matters. If I get all of my work done, then surely it will help me in final year examinations. I am also learning all that I am given in order to expand my knowledge and do well on assignments, laboratories and coursework. This will ultimately help me to be more knowledgeable throughout my life. Professional Engineering principles and personal opinions Being a professional engineer, it means that I have to work to enhance the welfare, health and safety whilst paying due regard to the environment and the sustainability of resources. Personally, there are three fundamental principles that I think we, engineers, should hold as guidance in achieving the high ideals of professional life. Firstly, without any doubt, a professional engineer should normalise themselves with integrity and honesty. Professional engineers should adopt the highest standards of professional conduct, openness, fairness and honesty. Therefore, from now, I should start training myself to be alert on the ways in which my works and actions might affect others, and duly respect the rights and reputation of others too. I also need to avoid deceptive acts and take steps to prevent corrupt practices or professional misconduct. Bribery and improper influence should not be in practice too. Other than that, I would weight leadership as one of the most important principle for professional engineers as we should aspire to high standards of leadership in the exploitation and management of technology. Being a professional engineer, it shows that I hold a privileged and trusted position in a society. Therefore, I am expected to demonstrate that as professional engineer, I am seeking to serve wider society and also be sensitive to public concern. Thus, I have to be aware of the issues that engineering and technology raise for society, and also listen to the aspirations and concerns of others. Moreover, I have to actively promote public awareness and understanding of the impact and benefits of engineering achievements. Lastly, I believe professional engineers should be accurate and rigour. We hold a duty which is to ensure that we acquire and use widely and faithfully the knowledge that is relevant to the engineering skills needed in their work in service of others. Therefore, I should always act with care and competence. I have to get my knowledge and skills up to date and also assist the development of engineering knowledge and skills in others. In addition, I should present and review engineering evidence, theory and interpretation honestly, accurately and without bias. As a Professional engineer, I also need to identify and evaluate risks before take any actions. University experiences. University life has taught me to be more self discipline. Back in college, I was assigned with daily homework and teachers will check them on regular basis to ensure that the works given were properly done. However, when I step into university life, I am trusted to complete my assignments without being reminded. I also have to relate what I have learned in class to my readings. Most importantly, I have to keep myself notified the due date of my assignments. Other than that, it teaches me to be more independent thinker. In college, teachers will still check my homework and guide me through different thinking process, whilst in university; I have to develop my own independent thinking. An obvious example is when having a discussion with course mates on certain topics, there will be conflicting views on a single subject. However, in compensation, university provides us with more resources to clarify some disputes. Conclusion Upon finishing this essay, I have learned that time management is the most critical tool towards achieving personal goals not only in education, but also in other aspects of life. I have realized that my overall academic grades, as well as in extracurricular activities, improves with proper time management and the ability to work with strict time schedules. I have also learned a lot of useful insight from this whole module. Some of them have helped me to understand myself better. The questionnaires given during SESM1015 lecture have really helped me to understand about the different learning styles and thus made me realize which style that best fits me. Knowing this information also will help me utilize my strengths and ultimately learn better. To become the cream of the cream, one must always continue to learn and progress. Therefore, I set some expectations on myself for this year. One of the expectations that I have for myself is to continue to complete all of my work because that is the only way that one can truly learn. I am also going to work on feeling more confident about myself and my abilities. I have thoughts and ideas and I want to feel like I need to share them. That is going to be difficult for me since I am an international student, I have always been a quite one, but I will work on it. I am also expecting to be presented with ideas that I have never thought of, so I can learn from them. I want to learn a lot and look back on this year from now and be glad that I took it. Overall, I want to be taught things that I need to know in order to be the best professional engineer that I can be.

Developing a Responsive Police Organisation Essay -- Police Organizati

"Nearly all men can stand adversity, but if you want to test a man's character, give him power." -- Abraham Lincoln INTRODUCTION The responsibility to maintain a peaceful society is shared by each level of government; local, state, and federal. However, because crime is an immediate threat to the communities, the police have a highly visible and primary role in overcoming the threat and fear of crime. The process of policing a democratic society is complex and due to this fact, a police department is probably one of the most difficult public institutions to manage effectively. It is therefore important to have processes that are critical to operating police departments and their commitments in securing peace in the society. In order to understand the field of police administrations, one has to look further beyond the dynamism and complexity aspects of the field. Laws are constantly modified, the environments police officers regulate in continually change, new problems regularly occur, and administrative practices that were once treated as gospels are now facing constantly modifications, often challenged and in some cases, discarded. The terrorist attacks of the World Trade Center on September 11, 2001, have significantly changed the ways police departments police globally. The primary mission of police in local communities has become somewhat blurred as community policing efforts from the last decade fade to the emergence of security checks, intelligence gathering, and participation in join terrorism task forces. Police organisations are now facing ever changing ordeals that require the administrators to change the ways policing is performed, by which creating a more open and responsive organisation through the positiv... ...on, 2008. - Vol. 01. Blackler John Historical Influences on Australian Policing [Article] // Violence and Police Culture. - [s.l.] : Melbourne University Press. Chan Janet B. L. Changing Police Culture [Article]. Wainwright Elsina Police Join the Front Line [Article] // ASPI Strategic Insights. - 2004. - pp. 1-12. Westmarland Louise Police Ethics and Integrity: Breaking the Blue Code of Silence [Journal] // Policing and Society: An International Journal of Research and Policy. - 2005. - 2 : Vol. 15. - pp. 145-165. Wimshurst Kerry and Allard Troy Criminal Justice Education, Employment Destinations, and Graduate Satisfaction [Journal] // The Australian and New Zealand Journal of Criminology. - 2007. - 2 : Vol. 40. - pp. 218-235. Wong Kam C. The Philosophy of Community Policing in China [Journal] // Police Quarterly. - 2001. - 2 : Vol. 4. - pp. 186-214. Developing a Responsive Police Organisation Essay -- Police Organizati "Nearly all men can stand adversity, but if you want to test a man's character, give him power." -- Abraham Lincoln INTRODUCTION The responsibility to maintain a peaceful society is shared by each level of government; local, state, and federal. However, because crime is an immediate threat to the communities, the police have a highly visible and primary role in overcoming the threat and fear of crime. The process of policing a democratic society is complex and due to this fact, a police department is probably one of the most difficult public institutions to manage effectively. It is therefore important to have processes that are critical to operating police departments and their commitments in securing peace in the society. In order to understand the field of police administrations, one has to look further beyond the dynamism and complexity aspects of the field. Laws are constantly modified, the environments police officers regulate in continually change, new problems regularly occur, and administrative practices that were once treated as gospels are now facing constantly modifications, often challenged and in some cases, discarded. The terrorist attacks of the World Trade Center on September 11, 2001, have significantly changed the ways police departments police globally. The primary mission of police in local communities has become somewhat blurred as community policing efforts from the last decade fade to the emergence of security checks, intelligence gathering, and participation in join terrorism task forces. Police organisations are now facing ever changing ordeals that require the administrators to change the ways policing is performed, by which creating a more open and responsive organisation through the positiv... ...on, 2008. - Vol. 01. Blackler John Historical Influences on Australian Policing [Article] // Violence and Police Culture. - [s.l.] : Melbourne University Press. Chan Janet B. L. Changing Police Culture [Article]. Wainwright Elsina Police Join the Front Line [Article] // ASPI Strategic Insights. - 2004. - pp. 1-12. Westmarland Louise Police Ethics and Integrity: Breaking the Blue Code of Silence [Journal] // Policing and Society: An International Journal of Research and Policy. - 2005. - 2 : Vol. 15. - pp. 145-165. Wimshurst Kerry and Allard Troy Criminal Justice Education, Employment Destinations, and Graduate Satisfaction [Journal] // The Australian and New Zealand Journal of Criminology. - 2007. - 2 : Vol. 40. - pp. 218-235. Wong Kam C. The Philosophy of Community Policing in China [Journal] // Police Quarterly. - 2001. - 2 : Vol. 4. - pp. 186-214.

Against Gun Control in America :: Second Amendment The Right To Bear Arms

Constitutional Law Gun Control Paper Gun control is undoubtedly an issue that most Americans have been exposed to. In 1989, guns killed 11,832 Americans. The National Rifle Association (NRA) members believe that it is their constitutional right to own guns, stating that guns are not the root of the crime problem in the United States. Gun control activists like the members of the Coalition to Stop Gun Violence (CSGV) argue that guns are responsible for the majority of violent crimes that take place. They wish to instill many types of bans and waiting periods on firearms, making it nearly impossible to obtain a handgun. In fact, in 1993 the Brady Bill, which mandates a waiting period on buying firearms, was passed. Their arguments range from protecting children to saying that guns are diseases, but when one looks at the facts, though, the arguments of gun control advocates seem irrelevant and it becomes clear that guns should not be controlled. The Supreme Court has been very careful in limiting the rights of individuals to carry firearms. They have also been debating about weather the framers intended the Second Amendment to apply to individuals, or to state militias. In U S v. Cruikshank, 92 U.S. 542 (1875) the court ruled that laws could be passed regarding gun control. The court said â€Å"The right they’re specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.

Pips changing character Essay

Explore how dickens builds atmosphere and reveals aspects of Pips changing character in three scenes of your choice. A Great Expectation is considered by many to be Charles Dickens greatest novel. Dickens wrote the book from the first person perspective so when reading the book Pip is telling the story after it actually happened. The story is about the life of Phillip Pirrip (Pip). We follow the growth of Pip. The story follows Pips formation from childhood to adulthood. The story shows us how events in his life change his attitudes. Unfortunately instead of growing up to be a gentleman he turns out a snob. The story is based on how the older generation uses the younger generation to get back at society. We see this when Miss havisham says to Estella ‘Well, you can break his heart’. She said this when Estella was complaining about having to play cards with Pip. Miss Havisham wants Estella to break Pips heart because once she had her heart broken . Pip was also being used by Magwitch. Magwitch uses Pip by bringing him to London and bringing him up to be a gentleman. This is getting back at society because society looked down at Magwitch. When Pip visits Miss Havisham for the first time Dickens gives us lots of clues to what she will be like before he actually meets her. Firstly her house is called Satis house which Estella says ‘Its other name was Satis which is Greek or Latin or Hebrew or all 3 or one to me – for enough’. This is a warning that Miss Havisham is fed up and had enough of life. Also upon arriving at Miss Havisham’s house Dickens builds up the atmosphere by writing ‘The cold wind seemed to blow colder there than outside the gate and it made a shrill noise in howling in and out at the open sides of the brewery. Like the noise of wind in the rigging of a ship at sea’. This creates a gloomy atmosphere and makes the reader think something bad is inside. Once Pip enters Miss Havisham’s room Dickens writes a paragraph describing Miss Havisham. HE writes about how she is dressed. ‘She was dressed in rich materials – satins and lace and silks all of white. ‘ ‘Some bright jewels sparkled on her neck and on her hands†¦. ‘ This gives us a good impression of her but then Dickens writes ‘but I saw that everything within my view which ought to be white had been white long ago and had lost its lustre, and was faded and yellow’. These represents that she was once happy but mow her life has gone sour and she is bitter. The room in which Miss Havisham was had no source of daylight it was lit by the odd candle. This shows us that there is no light left in her life.