Contract Management articles from August 2003

Contract Management archives from August 2003

Being part of the profession.(President's Forum)(Editorial)
August 1, 2003... Contract law and negotiation are the fundamental tools of our profession. Establishing business relationships that are equitable, meeting the needs of all parties, and developing a common legal basis should be at the heart of every contract...

Erratum.(Correction Notice)
August 1, 2003... Jack R. Hott, CPCM, NVP and Treasurer, is a member of the Cincinnati Chapter, not the Dayton Chapter, as reported on page 72 of the July 2003 issue of CM magazine.

CM 2003 editorial calendar.
August 1, 2003... December--Articles Due: Sept. 1, 2003 Customer Relationship Management Processes, tools, and proven practices of sales organizations/teams to build successful business relationship with their customers. Buyer's Guide--A definitive...

Contribute to Contract Management.
August 1, 2003... Contribute to your profession... write an article for Contract Management (CM) magazine, NCMA's flagship publication for people and businesses working in the buying and selling communities of both the public and private sectors. When...

After the contracting officer's final decision, your contractor sues--now what? Understand the basic responsibilities and steps that the contracting officer must take in processing an appeal before the Armed Services Board of Contract Appeals.
August 1, 2003... Wouldn't it be nice if we could all just get along--contracting officers and the contractor, that is. Sometimes that's just not possible, however, regardless of our efforts. We then have to resort to the formal conflict resolver--litigation....

Legal aspects of electronic signatures: now that an electronic signature is recognized as a legal signature and firmly rooted in U.S. law, the future looks very promising for its use.
August 1, 2003... With the advent of e-commerce, it is incumbent upon contracting professionals to understand this new legal environment, as businesses will be entering into increasing numbers of contracts based solely on electronic communications. A primary...

The shoes of the federal government--you'll be wearing them, no matter what your size: companies should evaluate the ramifications of the SCA on their federal contracts before the DCAA or the DOL performs a routine audit. Compliance is critical. Contractors in noncompliance risk debarment.(Defense Contract Audit Agency)(Department Of Labor)(Service Contract Act)
August 1, 2003... The federal government holds the concept that a contractor steps into the federal government's shoes when interacting with employees hired under the terms of a federal contract. The federal government embraces the idea that employees hired on...

The decision to use party-appointed arbitrators: when deciding to utilize party-appointed arbitrators, consider the rules governing arbitration administration, the degree of neutrality of the party-appointed arbitrators, and the legal and factual issues in dispute.
August 1, 2003... One common format used in arbitration is for each party to select its own arbitrator. In a party-appointed arbitrator setting, unique issues arise relating to the neutrality of the arbitration panel, the function and dynamics of the arbitration...

Drafting dispute resolution contracts.
August 1, 2003... Many dispute resolution contracts are like leaky boats. They fail to accomplish their purpose or, when subjected to the test of judicial scrutiny, simply collapse and sink. So, instead of resolving disagreements quickly through mediation or...

On-line negotiation--"lawyer-approved": one of the most important elements in on-line negotiation is the maintenance of a full and accurate audit trail of changes--with supporting notes--throughout the entire negotiation process.
August 1, 2003... Negotiating contracts has not really advanced a great deal over time. In fact, most companies still negotiate using either the fax machine or sleek daredevil bike couriers. New contract management (CM) solutions, however, offer a robust means...

Justice or a quick buck: another look at avoiding disputes: disputes involve people, and having effective communication skills is clearly one of the greatest keys to success in avoiding or resolving disputes.
August 1, 2003... Several years ago, I was working on a $15 million construction project as part of the construction management team. The contractor performing the work was... let us call them "OK Construction," They were a good company, and everything was...

2003 NCMA buyer's guide: category listing.(Buyers Guide)
August 1, 2003... [] Cover 2 SOLD [] Cover 3 SOLD [] Cover 4 SOLD [] Page 1 ...

Thwarted acquisition.(Case Commentary)
August 1, 2003... The U.S. Army Tank Automotive and Armaments Command (TACOM) re-procured engine compartment hoods for M939 trucks, after the default termination of Ayeone Corporation. Two timely offers were received by the due date of May 1, 1996. The low...

Laptop legal resources.(E-Business)
August 1, 2003... Have you ever been on business travel and needed a quick response to an esoteric question? Does your firm have a requirement for a Web-based training course? Or, are you in search of an integrated solution for your firm's staffing, training,...

Mediation: better for contractors than litigation? The law and regulations encouraging more comprehensive use of alternative dispute resolution (ADR), have been in place for years--yet, ADR is still underutilized.(Alternative Dispute Resolution)
August 1, 2003... Mediation with the U.S. government--a form of ADR--can help the contractor more fairly understand its ease, resolve the dispute more economically, and end disputes earlier. By using a creditable, court-recognized private mediator, a private...

Supreme Court changes direction on FCA liability for governments.(State And Local Government)(False Claims Act)
August 1, 2003... The United States Supreme Court recently changed directions regarding the liability of state and local governments to the False Claims Act. (1) In a decision issued in 2000, the Supreme Court said that states were not liable under the False...

Small business briefs: a compilation of procurement news affecting small business.
August 1, 2003... * Small Business Size Standards The Small Business Administration (SBA) has issued a final rule that adopts a $15 million size standard for forest fire suppression and fuels management service, classified trader Support Activities for...

Contract appeals, travel, and transportation.(GSA Case Study)
August 1, 2003... The GSA Board of Contract Appeals (GSBCA) was established, under the contract disputes act of 1978, as an independent tribunal to hear and decide contract disputes between government contractors and the General Services Administration. The...

Final edition: August 2003.(contract management legislation)
August 1, 2003... Legislation Bills Regarding Labor Relations Neutrality Introduced in House Representatives John Sullivan and Sam Johnson have introduced bills which would, if enacted, prevent government agencies from preventing or requiring...

Air Force announces contracting award winners.(NCMA Association News)(Brief Article)
August 1, 2003... The U.S. Air Force formally recognized its contracting award winners for FY 2002, in a ceremony held April 22, 2003, at the Pentagon in Washington, D.C. Contracting units and professionals throughout the air force competed for 22 award...

Award winners for FY 2002.(NCMA Association News)(National Contract Management Association)
August 1, 2003... Secretary of the Air Force Professionalism in Contracting Supervisory Lt Col Vincent J. Feck, 31st CONS, Aviano AB Itaty, USAFE Non-supervisory MSgt William A. Geary, 81st CONS, Keesler AFB MS, AETC Contracting Awards ...

Honoring Excellence in Acquisition Research: winner of ICAF Award.(NCMA Association News)(National Contract Management Association)
August 1, 2003... NCMA is proud to announce the winner of its 2003 Award for Excellence in Research and Writing: Lt Col William L. Spacy II. His research paper, submitted for the award, was titled "Capability-Based Acquisition in the Missile Defense Agency and...

NCMA names Rendon the annual Education Award winner.(NCMA Association News)(National Contract Management Association)
August 1, 2003... What does NCMA's Education Award celebrate? It goes to NCMA member(s), who have made outstanding contributions in procurement education, and to the profession of contract management as a whole through the field of education. The award was...

Presenting the new CFCMs: "certification is the key to professionalism".(NCMA Association News)(certified federal contracts management)(Brief Article)
August 1, 2003... NCMA is proud to present the newest certified federal contracts managers (CFCMs). These individuals passed the May 16, 2003, legacy examination, which was administered at more than 20 sites throughout the United States. Of the 23 candidates...

Remembering Jack Livingston: an NCMA legacy.(NCMA Association News)(Obituary)
August 1, 2003... To remember Jack Livingston is to remember all that is good about someone who made a real difference in countless people's lives. With nearly a 40-year span of membership, he was a unique "NCMAer." During the association's formative years, no...

Chapter bulletin board.(NCMA Association News)(Brief Article)
August 1, 2003... CHAPTERS IN CANADA Much is going on in NCMA in North America! Here, members gather for the resurrection of the Toronto Chapter event. (From left to right) Michael Ghorashi (VP of professional development), George Tacbcharani (VP secretary...