311 Wee 2 Forum

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Response 1.

A contract is the ways in which the Government procure goods and services through other sources that can be written or oral agreements. Acquisition personnel should be fully engaged in order for this process to go through a smooth transition all parties involved should have actual contribution to be successful. The Government rely heavily on these approved agencies which will eventually turn into a contractual binding document. Contract managers oversee the execution of agreements in organizations. They are responsible for ensuring all of the elements of a contract are legal, moral, ethical, and match the organizations overall goals. In procurement, this can include payment terms, where items are sourced, and how they are delivered. The supply chain has several moving parts and the contract manager needs to ensure all bases are covered prior to executing an agreement with a vendor. While creating purchasing terms with vendors, the contract manager is responsible for upholding contractual guidelines both by law and the morals of the organization so the business does not suffer in dealing with negative repercussions as a result of quality assurance report or summary.

The difference between Common Law is judge-made law (CSAL, 53). While Administrative Law is driven by governing agencies to control or decide rules and procedures also known as Administrative Procedure Act in 1946. Agencies are well aware of what their left and right limits are and regulates how they conduct business. Here are a few agencies that abide by this law are Federal Aviation Agency and Environmental Protection Agency.

I believe that we have the contract negotiation process, because it requires terms for agreement between two parties. This is a skill that is needed when trying to get new equipment or services, but it takes effort and practice to have when determining the best possible or low price.

Response 2

According to the Federal Acquisition Regulation, “a contract is a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing”. Easy to explain, it is simply an agreement between two entities that exchanges services for payment and that have consequences if either side does not deliver from their end.

Common law is defined as laws that are decided by judges and court systems at a local level. Administrative law is the rules and regulations that that oversea government agencies and federal entities. The administrative law is created by laws created and passed by congress and the states.

The reason contract negotiation is important is because, we always strive for the best possible deal for the government. The more we can save on a certain contract, the more we can invest into a smaller contract that was perhaps put aside because of budgeting issues. Careful thought has to go into negotiating with contracting services. Many times, in the past my United States Army, has selected a contracting company that was unbeatable in price but, we soon found out that the quality was subpar to their counterparts. With a little negotiation, you can always get a better deal that is first proposed if you have the right individual on your side of negotiation.