Contract

CON 234 EXAM REVIEW
ETHICS
1. The amount of gift that can be accepted from a prohibited source per year $50
2. Three most common fraud offenses ??“ Briberies, gratuities, and kickbacks
3. When confronted with sex trafficking issues, what is the first thing CCO should do Report up through chain of command and to legal
4. What is the first thing you do if you receive a gift Try to return it immediately; if unsuccessful, contact Legal
5. How man tenets of Government service are there 14AUTHORITIES AND STRUCTURE
1. The person who warrants the CCO is the SCO or PARC (Senior Contracting Official or Principal Assistant Responsible for Contracting)
2. This person acquires supplies and services for the war fighter ??“ CCO
3. This person establishes policies and procedures for developing, reviewing, and managing the contingency contracting process to include administration plans ??“ SCO/PARC
4. Who appoints the SCO/PARC ??“ Head of Contracting Agency (HCA)
5. This command is stood-up for large scale CONUS deployments ??“ Joint Theatre Contracting CommandCONTINGENCY FUNDING
1. This rule provides that a fiscal year (FY) appropriations only be obligated to meet a genuine need arising in or sometimes before the FY for which the appropriation was made ??“ Bona Fide Need Rule
2. Construction contracts obligated and awarded late in a FY must have a performance start within 90 days of award
3. Funds used for the day to day expenses incurred during training exercises, deployments, and operating and maintaining installations ??“ O&M Funds
4. The two required elements of a Purchase Request (PR):
a. Clear description
b. Certified funds
5. The contracting phase is characterized by a reception and bed down of the main body of deploying forces – PHASE II ??“ Joint Reception, Staging, Onward Movement, and Integration (JRSOI)PLANNING AND GUIDANCE
1. This type of contracting environment is characterized by little to no infrastructure ??“ Immature Environment . HINT ??“ need to also know definition of mature environment
2. Three basic Financial constraints ??“ Time, Purpose, and Amount
3. This document is an integral part of the contingency and crisis action planning process and should included in the Contracting Annex ??“ CSIP (Contracting Support Integration Plan)
4. Besides contracting authority papers, the most important document the CCO should take on deployment is his/her passport. NOTE: also take civilian clothes. KO??™s are NOT provided blank checks
5. One role of this agency is to provide Contract Administration for the delegated LOGCAP ??“ DCMACONTRACTING PROCESSES
1. A special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions is a Determination and Findings (D&F)
2. The micro-purchase threshold for a declared contingency OCONUS $30,000
3. External support contract for logistics ??“ LOGCAP (know definition)
4. A simplified method of filling anticipated repetitive needs for supplies or services by establishing ???charge accounts??? with qualified sources of supply ??“ Blanket Purchase Agreements (BPA)
5. What are the exceptions to Other than Full and Open Competition (total of 7)
a. Only one responsible source
b. Unusual and compelling urgency
c. Industrial mobilization
d. International Agreement
e. Authorized by Law
f. National Security
g. Public InterestCONTRACT ADMINISTRATION
1. Qualified individuals appointed and trained by the CCO to assist in the technical monitoring or administration of a contract ??“ COR (Contracting Officer??™s Representative)
2. A unilateral change signed by the KO directing the contractor to make changes under the various changes clauses is a Change Order
3. The only person authorized to make changes to a contract is the Contracting Officer
4. Three documents needed for closeout:
a. Final Invoice
b. Receiving Report
c. Release of Claims
d. NOTE ??“ always need to complete the 1594 Completion Form!!
5. In addition to the essential paperwork required in a contract, all contract documentation shall address these two things:
e. Rationale for the action taken
f. Provide a clear audit trailPROTESTS AND APPEALS
1. Protest ??“ a written objection by an interested party
2. When protests are file through the GAO, the Agency has 30 days to respond to the GAO. The GAO has 100 days to respond to the protest.
3. To be timely, an offeror has to protest within these limitations:
a. 5 days after the debriefing date
b. 10 days after contract award
4. Essential elements of the Alternative Disputes Resolution (ADR) process are:
c. Existence of an issue in controversy
d. A voluntary election by both parties to participate in the ADR process
e. An agreement on alternative procedures and terms
f. Both parties have the desire and authority to settle
5. What is the CCO supposed to do within the first 24 hours of receiving a protest ??“
g. Transmit a copy of the protest to the Legal Office
h. Confirm the identity of the attorney assigned to work the protest
i. Discuss allegations with the attorney and the impact on mission if a delayed award is triggered by a protest
j. Discuss with the attorney if the HCA authorizes contract performance
k. Identify key persons who are knowledgeable about the protestSITUATIONAL AWARENESS
1. Most business conducted overseas is by negotiation
2. OPSEC (Operational Security ) – The process of identifying critical information and subsequently analyzing friendly actions attendant to military operations and other activities
3. The CCO can enter into contracts with foreign governments under these situations: NEVER
4. Three reasons why local contractors (overseas) may require immediate payment:
a. Local business practices
b. Less than stable environment
c. They lack the knowledge of DoD procedures
5. Five factors that help determine fair and reasonable prices overseas
a. Availability of supply
b. Feasibility of procurement
c. Urgency of Need
d. Consideration of local market
e. DISASTER RESPONSE
1. FEMA ??“ is the lead federal agency responsible for coordinating contracting support for domestic emergency operations
2. The micro-purchase threshold for a declared contingency CONUS – $15,000
3. The framework that defines the key principles on how we respond to domestic emergencies is the National Response Framework (NRF)
4. What part of the FAR deals with Acquisition & Emergency flexibilities FAR Part 18
5. This act requires preference be given to state & local governments during disasters ??“ Stafford ActPOTPOURRI
1. What if the limitation on a single gift per occasion $20
2. The four factors considered when warranting a contracting officer are:
a. Experience
b. Knowledge
c. Training
d. Education
3. The Government document that summarizes the negotiation process and serves as a record for determining the price to be fair and reasonable is the Price Negotiation Memorandum (PNM)
4. Willful violation of this act includes a $5,000 penalty and imprisonment ??“ Anti-Deficiency Act
5. The first person a CCO contacts upon receipt of a protest is Legal
6. This statute provides that agencies shall apply appropriations only to the objects for which the appropriations were made, except as otherwise provided by law – PURPOSE
7. For actions under $30,000, the CCO needs to establish price reasonableness
8. For actions over $30,000, the CCO needs to establish competition to the maximum extent practicable
9. The Joint Contracting Command Staff function that requires contracting experience ??“ J2/3/5
10. The annual financial disclosure document that the CCO must file with legal advisor is the OGE450
11. The US government system of record for contractor personnel accountability and visibility is the Synchronized Predeployment Operational Tracker (SPOT)
12. The type of authority that includes the authority and responsibility for effectively using available resources and for planning the employment of, organizing, directing, coordinating and controlling military forces for the accomplishment of assigned missions ??“ Command Authority
13. Two reasons that commercial items under FAR Part 12 can be terminated
e. Termination for Convenience
f. Termination for Cause
14. Construction Projects would be terminated by default if contractor does not perform
15. The size and duration that LOGCAP can support ANY size or duration
16. This document defines requirements in terms of desired results – Performance Work Statements (PWS)
17. Absence of direction should be interpreted as permitting innovation and use of sound business judgment
18. Who, in the requirements activity would be most likely to change a contract based on apparent authority The COR

How I Got over

With the increasing costs in accessing health care there has been an ever increasing need for people to come up with means and ways to meet their health need. One such way is enrolling into a plan that will cater for some of your expenses according to some agreed on arrangement; previously the government had enacted legislation that enabled the coming implementation of the Medicare plan. The Medicare Plans provides assistance in paying for health care and is divided into three parts namely: Part A, Part B and Part C. But unlike Part A and Part B , Part D coverage is not within the traditional medicine program Beneficiaries of the this program must enroll in any of the plans offered by the private companies. The end action of this plan is provided under the drug benefit Act of 2003 (MMA) whose implementation was in effect as from January 2006 write my essay for me cheap.
Under Medicare one can enroll in a plan and change their plan, between 15th November and the last day of December. This period is referred to as the annual enrollment period. The Plan costs and benefits vary from year to year. It is important to note that coverage begins in January but the plans can start looking for customers from as early as the 15th of November.
Under the Medicare Plan D the beneficiary??™s out of pocket may vary as a result in the variation of the deductible, initial coverage limit and changes in the annual out-of -pocket threshold. The costs vary with place and the plan as the Medicare law has not set a premium amount.

Contract

Elements of a Contract
Law 531
February 8, 2010
Elements of a Contract
There are three main elements to a valid contract; offer, acceptance and consideration. The offer must have the clear intent to enter into a contract. It must include who the parties are, the items or work being exchanged, a clear set price for those services, payment terms, delivery terms, and performance timelines. Acceptance by the offeree is when they sign the offer and return it to the offeror. The means for which the offeree can return the offer signed often determines when the contract is put into place. This method of return is usually stipulated in a letter that is mailed with the offer. Most would use mailing the offer to return it to the offeror, and in that case the offer becomes valid once it is postmarked in the mail, otherwise known as the mailbox rule. The final element of a contract is consideration on both parties involved. A contract is only valid if both parties are giving up something in order to reach a particular objective for each party. An example is ???if you sign a contract to buy a 1980 Mercedes for $17,000, your consideration is the $17,000 and is given in exchange for the car.??? (Jennings, M. M.,2006)
With any contract there are always risks involved from the moment you start the journey to form a contract. The process could go thru many revisions, if each side can??™t agree mutually on terms of the agreement. This could severely delay or even prevent an offer from becoming a contract. Management needs to do their research into the project to ensure that what they deliver to the offeree is valid and satisfies both companies??™ interests in the project. Another big management decision when negotiating a contract is to not make the offer sound like they are miss-representing themselves, or providing fraudulent information in the offer. This is another reason for management to carefully draft an offer that is fair and has the consideration of both parties involved. Another risk to the contract would be any other defenses to a contract formation, from capacity, to undue influence. There are many types of capacity risks, from age to mental capacity and all are important to look over before sending an offer out. Out of all of them I feel that this simulation had some miss-representation on the part of Spa to be able to meet certain deadlines, but I also feel that if they did their due diligence and understood the offer from the beginning that maybe they would have changed the offer before it got out of hand.
In this simulation there was a contract in place between Span Systems and Citizen-Schwarz AG (C-S), where Span is to deliver code to give C-S a java based transaction processing software. C-S has since been unhappy with the deliverables from Span, even stating that the quality of the work has decreased as the project went along. C-S wants to rescind the contract on the basis that Span is not meeting the requirements set forth in the contract they signed eight months ago. The biggest one being the quality of the work, as in the contract there were to be no defective products, and now there are 5 per shipment. As with many contracts for goods and services, many times requirements in the initial contract need to be re-vamped in order to give both parties what they desire. The best recourse for both companies is to work out some amendments to the current agreement between the two companies to help them achieve the end result.
There were five specific clauses in the contract that needed to be addressed once both parties agreed to change the contract to meet the deadlines. The performance clause was restructured so that at any time when the contract is terminated, C-S gets the code that has been completed as well as Span getting paid for whatever they produced up to termination of the agreement. While no one wants this deal to fall thru, this at least gives both parties closure should things not be able to be worked out.
The next clause is the change control clause. This clause was changed to include a provision for a change control board to monitor for any changes to the requirements to the project either from a programmer or system perspective. There is also a provision where C-S would pay Span for any changes it wanted to make from the original code agreed to when the contract was first set in place. The best composition of the CCB would be a mix of managers from both companies that way each is represented and doesn??™t present the opportunity of bias.
Communication and reporting was the real underlying cause for all of the issues that arose from this simulation. If Span had communicated that the deadlines might be too aggressive, they might have come to this stage sooner instead of arguing about breach of contract. This clause was amended to include project status reports that will be available to C-S authorized personnel. There will be a project manager from C-S to oversee these reports get published, as well as participate as the liaison for C-S in the Span meetings. Since this will only benefit C-S by getting regular updates, the cost of this manager will be funded by C-S directly.
Product structure was the end result of poor communication by Span. This was restructured to allow Span to hire ten additional people to help them meet the contract deadlines. These new hires would need to be on board and working within ten days from the date of the signing of the amendments. Span will be required to send the resumes of these people to C-S to ensure that C-S knows who the new members are and to ensure that their qualifications match what will get the job done. Since these will be hires of Span, they will have to absorb the cost of training these new employees. This clause will allow C-S to monitor the Span team, and maybe offer changes to the team to ensure on-time delivery of project objectives.
The final revised provision is the dispute resolution provision. This provision would allow each side the opportunity to salvage this contract before they end up terminating the agreement. For a dispute resolution to this contract I would highlight the options they have to try to salvage this contract before a breach. Those options being negotiation, mediation, arbitration and if all else fails litigation. It would also have a flow, where they would have to start with negotiation and if they don??™t come to an agreement, then go to mediation and so on. They would not be able to go straight to litigation until all other avenues to resolve a dispute were tried. This would allow each of them to try to salvage this contract before it gets to a costly legal battle in litigation.
References
Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed.). Mason, OH: Thomson.

How I Became Literate

Ms. Hunter
111 26A
June 24, 2010My Literary Experience
Literacy to me always meant simply reading, and writing. Now that I think about it, I??™ve become literate in many other ways besides the two. Those many other things include speaking, comprehending, and distinguishing between homonyms. I think most people think about reading and writing when they hear the word ???literate??? because those are mainly associated with the term. To my amazement, the horizon of literacy can be expanded rather far. My neighborhood, school, and music helped me become the very literate person I am today. ???It isn??™t chunky it??™s chucky!??? I remember hearing my uncle say that to me when I would beg my mom to let me stay up and watch a scary movie called Chucky. Being around people that will never let you get away with mispronunciation helped me be a clear and fluent English speaker. I hate to be constantly corrected so I started paying close attention to words and how they are pronounced as well as their meanings. I also don??™t like to sound uneducated which motivated me to ask my older relatives to differentiate between words that sounded alike and so forth and so on. I think it??™s kind of funny how little things that happen at an early age can mold u into a certain way in your adolescent and even adult years.
I grew up in a neighborhood that was flowing with children. We played outside all day no matter the weather. One friend I had we were inseperable. Her name was Mercedes and she loved to collect earthworms. I personally wasn??™t thrilled about the situation but I did it and actually began to like it. This is just one of the many things she encouraged me to try that I ended up enjoying. Mercedes went to a different school and also was a grade higher than I was. The literature book she was issued at school called ???Treasure??? had an interesting story in it that I could read but couldn??™t comprehend due to the fact that I didn??™t know what a lot of the words meant. When I finished reading I gave her a look of confusion and I said ???I don??™t know what comfortable is.??? And after that she showed me how to read the sentences prior and after to get an idea of what the word means. This strategy that I am now very good at is called using context clues.Every since I was able to even babble, I??™ve loved music. Until this day i can sit in a room for hours and listen to music. When I was younger if a song came on that I liked I would sing along. But being so little, there were still words I didn??™t know so when a part of the song came on that I had not learned, I would have to be quiet and my cousin would tease me about it. There??™s this show called the Fresh Prince of Bel-air . I absolutely loved it. The theme song that played when it came on was my favorite. In the song they mentioned a ???throne???. Now I was unfamiliar with this word so I thought that he was saying something else and I had simply made that up. I decided to keep saying ???throne??? when I sang along just because that??™s what it sounded like he said. Right or wrong, I still was going to say it. After I got in about the 2nd grade I learned the word throne and do you know what the first thing I thought about was Exactly! I said to myself ???so he did say throne after all! Now I understand what he meant.???Homonyms. Well learning about homonyms wasn??™t hard at all. It was actually very interesting and cool to me. Once again, I don??™t like for anyone to think I??™m uneducated or not so smart so I am very precise about using the right words when I am writing. My favorites are to, two, and too. Most people will say ???well there??™s no difference!??? that makes me look at another person as if they haven??™t learned what they were supposed to simply because most people learned that in the 2nd grade. Any literate person will know when to use ???to???, when to use ???two???, and when to use ???too???. Or how about their, there, and they??™re These kinds of things, in my mind, are essential to literacy. Never really thought much about whether just reading and writing made u literate until I had to write an essay about it. But now that I??™ve thought about it that couldn??™t be true because anyone could read a story but when it??™s over, if they don??™t understand what they just read, then it was purposeless. There is no good in reading if you can??™t make sense out of what your reading and there is no purpose in writing if you r reader can make no sense out of what you??™ve written. Cluelessness to the meanings of words, when to use particular words, and incorrect use of words can throw a reader off.Literacy can be expressed as so many different things on a ton of different levels. It??™s just about deciding what elements you think are a part of it. My choices were speaking, comprehending, and distinguishing between homonyms. These are important factors because reading and writing means nothing if the writer has no clue as to what he is writing. My friends, family, and music taught me a lot about how to be literate in many different ways. School can??™t teach you everything. Some things are just an everyday part of life but you never know that they??™re going to impact your future.

Contract Risk

The contract between Span Systems and Citizen Schwarz AG (C-S) has many flaws that must be addressed. There are many kinds of contracts including unilateral and bilateral, which base the agreement upon either completion or acceptance of a task or job. Regardless of what kind of contract exists they all have some things in common. Contracts can involve multiple parties but must have a minimum of two parties. Of these two parties there must be an offeror and an offeree. ???The offeror is the part who makes an offer to enter into a contract??? (Cheeseman, 2010). Citizen Schwarz AG (C-S) would be the offeror of this contract because it has hired Span Systems to create software to improve their banking endeavors. This makes Span Systems the offeree of the contract. ???The offeree is the party to whom the offer is made. In making an offer the offeror promises to do-or refrain from doing-something??? (Cheeseman, 2010). The only way a contract can be created is through the acceptance of an offer from another party. In this case it is Span Systems has accepted to offer to create banking software for C-S, in exchange for six million dollars. The project was designed to be completed within one year. The most important thing about this contract is that there may be upcoming contacts that could be offered to Span Systems as long as they satisfy the current contract within the timeframe allotted.
C-S is not satisfied with the progress made on the project and the amount of glitches in the completed software and is threatening to cancel the contract. C-S cannot afford to be behind schedule and is demanding that all the completed software be handed over for another software development company to finish. Span Systems recognizes the possible slips in quality but they have been made in order to meet the constant changes in the C-S management structure. The contract does allow for ???ordinary??? requirement changes write my essay for me, but the changes made so far by C-S have been numerous and not good for production. By C-S demanding the immediate transfer of all unfinished code this would terminate the contract.
By demanding the unfinished code, this puts C-S in breach of contract under ???Internal Escalation Procedure for Disputes and Communications and Reporting.??™ The changes made in the management structure of C-S has caused a breakdown of communication between the two companies, making it impossible to address and resolve issues through the agreed avenues of dispute resolution. Also reviews of the deliverables have not happened due to the changes of the project management structure changes within C-S. Without the use of the agreed reporting policies there would be no way to be on the same page as the other party. This hold C-S accountable for some of the project??™s setbacks and productivity cannot improve without this understanding.
After hearing of talks of C-S having meetings with an Indian software company to finish the project it becomes even clearer that the issues with this contract must be resolved soon. It has been rumored that C-S has even shared some software with the Indian competition which is a violation of the ???Intellectual Property Rights??™ section of the contract. Span Systems does not have to give any software to C-S without payment. This is a risky point to present to C-S because they can opt to pay and end this would terminate the contract. This as a clear violation of the contract on the substantial performance and copyright fronts. I would present this to C-S because this would prove to be a strong defense in future negotiations.
After being reassured that the copyrights of the developed software have not been infringed upon, I would recommend C-S sending a manager to the site of development in California to serve as a component of quality control for the changes that are sure to keep coming. This way if there are any disagreements in the future about the creation of the software, C-S will be more willing to take responsibility. By having a C-S manager on hand this would allow them to have a more hands on approach and be able to get the feedback they want. This would make communication a lot easier and transparent. With better communication and an understanding that both companies must designate time to meet and discuss the project, there is more time to adjust specs accordingly. Communication is very important to any agreement and having a C-S manager on site would improve relations between the two companies.
In the simulation one option was to create an amendment to the contract that would create a Change Control Board, which would evaluate the changes to the software and see if they can be done in a reasonable amount of time in relation to the timetable created by C-S. I would rather have one person that works directly with the developers to make that decision, but before making it present the additional costs and time of the changes to C-S. If they are willing to accept the necessary time and funds to make the changes then they can happen, if not then the changes will not be made. This makes more sense to me than having a group of people come to a consensus that one person could evaluate and present to C-S.
I would create an amendment that would make C-S responsible for the addition of one of their managers to the team already working on the project. Span systems should not have to incur the fees of having someone come and watch over our shoulders. This would be a non-negotiable in the amended contract.
A report would be available for them to see what additional costs they would pay to have more engineers on the project to meet their demanding needs. If they agree that the added engineers are worth the time saved by having them then we could recruit people for the project. C-S would not have any part in the selection of the engineers because they do not have the expertise in software development, or else they would be making it themselves.

By adding a member of the C-S staff to the project, a person evaluating the proposed changes to be made, can decide which is more important, timetables or funds it allowing C-S to play a very pivotal role in the creation of the software. They also have these decision making opportunities in order to allow them to see what goes into the project they want completed. They can not only see the choices being made first hand but can change end result through effective or ineffective management choices.
As a manager I would only enter into bilateral contracts. These are contracts that are ???a promise for a promise??? (Cheeseman, 2010). By entering into a bilateral contract as the one for the C-S and Span Systems project, it holds both sides accountable for their actions. The only reason why I would not enter into a unilateral contract is because the offeror could terminate the contract after work has been done. They would not be held responsible since the agreement was for the work to be completed for payment to be made. My main concern would be the contractual capacity of the other party in a bilateral contract. If I felt as if the other parties were not financially secure or were at risk for a merger or takeover, I may not agree to a very strict contract. I would try to negotiate different terms for these kinds of organizations. First I would be concerned about the money and want a clause in the contract that if a merger, takeover, or bankruptcy were to happen the funds for this project would be paid immediately and before all other debts and liabilities. If this were not an option then there may not be a contract between that company and my organization. An effective manager would consult with lawyers to express all their concerns as to make sure the contract was safe for his or her organization to enter.References
Cheeseman, H.R. (2010). Business law. Legal environment, online commerce, business ethics, and international issues. Pearson Education.

How Higher Education Has Failed Democracy

The Closing of the American Mind? 
by? 
Allan Bloom
orHOW HIGHER EDUCATION FAILED DEMOCRACY ???Educate then at any rate; for the age of implicit self sacrifice and instinctive virtue is flitting away from us, and the time is fast approaching when freedom and public peace, and social order itself will not be able to exist without education???. This was the advice that Alexis d Tocqueville was giving to the American society at the beginning of the 19 century. When reading through his book ???Democracy in America ???it is difficult not to see parallels between American society in the 1800?s and the America of today. Even though he does not make clear reference to public education, his words emphasize the importance of education in sustaining a democratic society.
First it should be defined if the basic premise is correct: had education been a failure The answer should be ???yes??? since many voices talk about a ???lack of interest???, ???fake education??? or a ???lack for thirst for knowledge???. Now the real question is: whose fault is it Is the society The students The democratic values
A paradoxical aspect of Blooms book is that he deals? with all this notions in explaining the failures in educational field.
???In high school I had seen many of the older boys and girls go off to the state university
to become doctors, lawyers, social workers, teachers, the whole variety of professions respectable in the little world in which I lived. The university was part of growing up, but it was not looked forward to as a transforming experience??”nor was it so in fact. No one believed that there were serious
ends of which we had not heard, or that there was a way of studying our ends and determining their rank order. In short, philosophy was only a word, and literature a form of entertainment.???[1]
In his words from the famous work ???The Closing of the American Mind ???, Allan Bloom confess his disappointment regarding the educational aims of his colleagues: a degree. He argued that the commercial pursuits have become more highly valued than the philosophical quest for truth. His idea is a direct challenge to the aims and practices off the business management programs, that have become so popular. These ???progressive??? methods have actually diminished the importance of knowledge itself, about traditional fields of study such as history, art, literature, language.
Bloom criticize explicitly this progressive method, considering that this had diminished the importance of knowledge itself : ???Similarly Deweys pragmatism??”the method of science especially natural limits??”saw the past as radically imperfect and regarded our history as irrelevant or as a hindrance to rational analysis of our as the method of democracy, individual growth without limits, present???.[2]
Another paradoxical aspect of Blooms book is that he deals with two forms of? openness in explaining how democracy has failed democracy.. He goes on to show how what is called? openness? in the first form actually amounts to a “closing of the mind”. First form is openness of indifference which stunts students desire for self-discovery by making all endeavors of equal valu, leads to the abandonment of their requirements to take languages and study philosophy of science. He emphasize the fact that this kind of openness activates their? amour-propre? ??” self-love or esteem based on others opinions and closes them to doubt about so many things impeding progress: ??? Actually openness results in American conformism – out there in the rest of the world is a drab diversity that teaches only that values are relative, whereas here we can create all the life-styles we want. Our openness means we do not need others. Thus what is advertised as a great opening is a great closing. No longer is there a hope that there are great wise men in other places and times who can reveal the truth about life ??” except for the few remaining young people who look for a quick fix from a guru. . . . None of this concerns those who promote the new curriculum[3].
The second form openness to the quest for knowledge and certitude?  encourages students to want to know what things from history and culture are good for them, what will make them happy.
Activates their? amour-soi – natural and healthy self-love or esteem arising from within oneself independent of the opinions of others.
Bloom sees that one form of? openness, relativism or? amour-propre, really amounts to a “closing of the American mind”. He suggests that one way of re-invigorating the college curriculum is by adding back a study of the Great Books and classical authors whose books fell into disuse during the 1960s. With this kind of refocusing of educational resources and re-direction of college students he expect that students will come to understand that before one can really experience the thrill of liberation, one has to have something to really believe in. That experience of really believing can come whenever a student fully studies classical authors in their original works, and after fully believing in what theyve read, learn to question and evaluate the beliefs those original authors held as self-evident to them.
? One need only read “Emile” to discover the truth of Blooms statement that a reading of original texts allows one to form a vital understanding of issues that a reading of shallow rehashes of such texts does not. In this context Bloom championed the idea of the ???Greater Book education???, because only the study of these great works of history, art and literature are the soul of the education -not as a collection of antiquarian knowledge, but as an entree into the great and eternal questions that are not subject to alteration or transformation.
To this extent, Bloom held that human beings possess a certain nature that is not subject to fundamental change; questions that were true and alive for Socrates remain fundamentally true for us as well, in spite of vast separations of distance and time. When talking about his students from the beginning of his career and the one he taught in the later part, he laments about the :
???The loss of the books has made them narrower and flatter. Narrower because they lack what is most necessary, a real basis for discontent with the present and awareness that there are alternatives to it.(…)Flatter, because without interpretations of things, without the poetry or the imaginations activity, their souls are like mirrors, not of nature, but of what is around???[4]. He noticed that the tradition has become a source of boredom, instead of being a source of edification and inspiration. Since the students have turn their back to the canon they dont have the aesthetic appreciation for separating what is important from what is trivial.
Bloom considered that the books no longer change the lives of the young and that is way the university failed : because it did not emphasized the importance of literature. The remedy for this failure is according to Bloom: ???Of course, the only serious solution is the one that is almost universally rejected: the good old Great Books approach, in which a liberal education means reading certain generally recognized classic texts, just reading them, letting them dictate what the questions are and the method of approaching them??”not forcing them into categories we make up, not treating them as historical products, but trying to read them as their authors wished them to be read???.[5]
So he suggests that a return to the use of original texts and materials is key. To assign students Dantes “Inferno” rather than a synopsis of classical poems to read. To read Shakespeare plays, not a critical review of his plays. To read Machiavelli, Hobbes, Kant, Freud in the original and to form ones own judgments as what are the important questions and what the answers to these questions are for oneself. That method can have the salubrious effect of actually leading the students to discover a great value, a vital understanding that can only come from directly confronting the authors in their original words in context, and from that discovery to create a royal road to future learning in their students hearts.
Bloom gives the reader one caveat: that we should avoid the mistake of the Great Books Groups who tend to treat the Books like dollars in a bank account where the goal is to get as many dollars in it as possible. The goal should be rather to emphasize as the goal the reading and questioning that arises during the reading ??” the process is whats important, not how many Books one reads.
Bloom argues that the social and political crisis of twentieth century America is really an intellectual crisis. Bloom blamed high technology, the sexual revolution, and the introduction of cultural diversity into the curriculum at the expense of the classics, which in turn produced students without wisdom or values. From this point of view ???The Closing of the American Mind??? is even more relevant today than when it was published in 1987.
In short, Bloom says, “One has to have the experience of really believing before one can have the thrill of liberation.” That may indeed be the kind of “liberation” that is at the very root of what we mean by “liberal education.”? 
———————–
[1] Bloom Allan, ???The Closing of the American Mind???, page 39, Simon and Schuster, New York,1987
[2] Bloom, Allan, ???The Closing of the American Mind???, page 56, Simon and Schuster, New York, 1987
[3] Bloom Allan, ???The Closing of the American Mind???, page 34, Simon and Schuster, New York,1987
[4] Bloom,Allan, ???The Closing of the American Mind???, page 65, Simon and Schuster, New York, 1987
[5] Bloom,Allan, ???The Closing of the American Mind???, page 348, Simon and Schuster, New York, 1987

Contract Risk

Running Head: Contract risks between Span Systems and Citizen-Schwarz
Contract Risk between Span Systems and Citizen-Schwarz
Law 531
Kyle Overton
December 21, 2009
Memo
Contracts present risks and opportunities for both the offeror and offeree. I have identified potential risks and potential opportunities with our Citizen-Schwartz AG (Citizen-Schwarz). The identified risks and opportunities will assist us in our planning and our future planning with other clients. I have outlined measures that we can use to minimize or eliminate our risks. With respect to our Citizen-Schwarz contract I have evaluated each alternative and identified an appropriate approach we should take here at Span Systems. These steps will ensure we are prepared for the negotiations and assist in securing the contract for the e-CRM project we have been looking to land.
Contract Risks and Opportunities
A breach of contract assumed under the substantial performance clause. Substantial performance is for practical purposes the same as full performance. Delivering the product to Citizen-Schwarz unfinished and not on schedule is the basis for this breach. Knowingly representing the software as finished product constitutes fraud and scienter.
A breach of contract in regards to internal escalation procedures of disputes. This clause is part of our Alternative Dispute Resolution procedures and we should take full legal advantage of this opportunity. This breach is by Citizen-Schwarzand is an opportunity for us and a Risk for them. In negotiating with Citizen-Schwarzwe will need to use this to our advantage.
Risk Reduction Measures
In reviewing or situation I suggest we follow the below measures in reducing our risks.
Increase number of programmers working on this project in order to meet time performance schedules.
Invite a Citizen-Schwarz representative to serve in a Quality Control position here at Span Systems.
Post daily progress reports on extranet site for project managers at Span and Citizen-Schwarz to review.
Alternatives
In final preparation for negotiations I feel that there are three alternatives to discuss and present to Ther at Citizen Schwarz.
Breach under internal escalation procedures
Breach under communications and reporting
Breach under requirement changes
Appropriate Approach
Listed below are the recommendations for the negotiations with Citizen-Schwarz. Span Systems has to take the necessary steps to minimize the impact on the relationship with the client and to do so, we should take the following steps.
Performance: ???Citizen-Schwarz shall be entitled to receive all work products in progress or completed as of the date of termination or cancellation, subject to clearance of all payments due to Span Systems.???
This will protect the interests of Span Systems and will ensure payment of all work completed should Citizen-Schwarz decide to back out of the remainder of the contract. Change Control: ???any changes to the user and system requirements originally agreed to will be monitored by a Change Control Board (CCB) comprised of the project manager and the lead software engineer from Span Systems and Citizen-Schwarz???
With the CCB in place, the change management request will be closely monitored as well as allowing for both companies to make a collaborative decision on the impact of change to the scope of the project. No change request will move forward without the express consent and sign off from the CCB. Communications and reporting: ???a project manager from Citizen-Schwarz will be stationed in Span Systems offices in California. The person will participate in project meetings and act as the direct interface between Citizen-Schwarz and Span Systems. The cost of placing the project manager will be paid entirely by Citizen-Schwarz.???
With a Citizen-Schwarz project manager on site, the collaborative efforts between the companies will grow stronger and provide Citizen-Schwarz with a sense of security that their interests are being seen to. Project Structure: ???in order to meet the project schedule originally agreed to, Span Systems will scale up the team size by at least ten additional programmers.???
In addition to increasing the size of the team working on this project, we will also collaborate with Citizen-Schwarz by providing the resumes of the new programmers on the team. This will provide Citizen-Schwarz the reassurance they will need to move forward with the contract and increase their confidence in Span Systems. By taking the appropriate risk reduction measures and following though with the amended clauses we at Span Systems will save business reputation and be a forerunner for the e-CRM contract as planned.
References
Jennings, MarianneMoody. 2006. Business: Its Legal, Ethical, and Global Environment.
Mason, OH: Thomson Custom Solutions.

How Have the Roles of Old Bill and Caitlin Expanded Your Knowledge of Belonging in the Simple Gift. Support Your Views with Quotes.

The role of both Old Bill and Caitlin has expanded my knowledge and understanding of Belonging in the text The Simple Gift in a variety of ways.
The first few poems provide an insight into the character of Caitlin who, unlike Billy, has a stable family home and wealthy parents. However it is evident that Caitlin, like Billy, is searching for a kind of meaning that she cannot find in the world she exists in. In a material sense Caitlin has everything, the opposite of Billy and Old Bill when the texts begin. She meets Billy when he is scrounging food at McDonalds while she is working mopping the floors. The time spent by Caitlin with her parents in comparison with the time spent with Billy reflects the relationship she had with both. A strong sense of connection and belonging is depicted by the part in novel, when Caitlin parents plan on going away for the weekend, and Caitlin wants to invite Billy to her place. She provides a negative view towards her family.Change for Old Bill comes in the person of Billy who befriends him after he notices him despairing after dropping a bottle of beer. He is a hobo who has become one and dropped out of mainstream society because his daughter and wife have died after freak accidents. Thus his first change was dictated by the experience of his daughter and wife dying.Old Bill kept wandering from room to room discovering another side to the moon the comparison between Billy and Old Bills visit with ???visiting the moon???; metaphor, for the social distance between these characters, a reminder that they belong to two very different worlds. These quotes show the way these characters are alienated can anyone write an essay for me. Chapter seven is basically a turning point for Old Bill, who wakes Billy, instead of the other way around, with their unusual breakfast; a coffee and bowl of Weet-Bix. “I realised as i walked home that for a few hours, I hadnt thought of anything but how pleasant it was to sit with these people and to talk to them”. This quote said by Old Bill explores the value and power of friendship, one thing Old Bill had avoided, the time before Billy and Caitlin came along. A sense of companionship and acceptance. Belonging always involves a choice. People do many things to demonstrate belonging such as many people strive to belong to a particular group, in wanting this they act and behave in a way that theoretically gives them the feeling of acceptance thus demonstrating belonging or wanting to belong. People can create themselves afresh, people have many choices when it comes to starting a new beginning but for people to create themselves afresh they first must make the choice too.This text enables one to see the story from various angles. That Caitlin and Old Bill are preoccupied with Billy and their different relationships with him indicates that while he is estranged from his family, school and community he has forged a new belonging with these friends and they in turn have their lives changed by their belonging to him. This is Billys simple gift to them. The irony is that in different ways they are all at odds with society. Yet the catalyst of Billys departure from home and his chance encounters with Caitlin and Old Bill produce a rich new experience of belonging.

Contract Risk

Recognizing and Minimizing Tort and Regulatory Risk Businesses today try to run their day-to-day operation effectively enough to avoid tort liability. Developing the proper management and training practices help to avoid these liabilities. With effective management, and education of managers/employees, business owners can believe their business is prospering. Negligent claims against a business can be detrimental, depending on the circumstance of the situation and the determination of the level of negligence. These claims against them can go through many options of litigation from mediation to a court deciding the outcome of a claim and each method of resolution can have a different outcome than the other. Businesses such as Alumina, can take measures to help them reduce or even eliminate negligent claims by implementing ways to detect them from happening. Alumina Incorporated, is a $4 billion dollar aluminum manufacturing company; most of their sales are derive from the United States. Alumina manufactures products for automobiles, bauxite, and alumina refining. In the manufacturing industry, there are risks involved with the type of chemicals used, and how these chemicals effect the surrounding environment. With these outlying issues there are tort and regulatory risks, which can be presented, but also prevented. In learning team B we have discussed our discoveries from the simulation. The common tort risks we found are the following: Defamation, Duty of Care, and Freedom of Information. These are the current risks affecting Alumina.
Five years ago, Alumina was found liable for polluting the local water supply. They were in violation of environmental discharge norms, by the Environmental Protection Agency (EPA ). Since then, Alumina made the necessary changes to remain in line with federal regulations. The current accusations presented by Kelly Bates are believed to be defaming from Alumina. Mrs. Bates believes the company has repeatedly contaminated the lake waters with carcinogenic elements. Mrs. Bates loss her daughter to leukemia, which she thinks can date back to the prior five years and the pollution discovered could be the cause. The liability of defamation could have been avoided by allowing the public to see the federal regulatory improvements. By running a press release showing the updates, the community could have been at ease. When the public believes a company has something to hide, they begin to investigate until they receive a resolution. This measure would have shown Alumina as being confident in their business model, and caring about their community.
Alumina has the responsibility to show they care about the surrounding community, wildlife, and environment. By operating efficiently, and adhering to all regulations set by the EPA; Alumina has shown they care. In the past, issues were recognized and handled. Alumina showed their duty of care by ???cleaning up their act.??? Mrs. Bates suffered a loss beyond measure; Alumina must show they care as a company for her emotional distress. A business does not want to be held liable for the death of anyone. As human beings we want to clear our conscience before continuing with our daily lives. Conducting an independent study to measure the PAH level in the lake water proved that the levels were lower than prescribed (University of Phoenix, 2010). This tort can be managed by Alumina providing Mrs. Bates and the community peace of mind that shows action taken.
Another liability businesses should be aware of is the Freedom of Information Act (FOIA). This act was established to provide citizens an opportunity to request certain findings about a government agency or corporation and make them public. The FOIA does have limitations in what information can and cannot be made public and businesses should understand this act in the event a government agency is involved with the liability issue. Knowing what information can and cannot be released could save the business money in case there were any damages presented. Because businesses are protected under the FOIA act, Alumina would benefit from knowing whether to release a full or partial press release after their investigation. If a business were to release the full report, it takes the chance of further lawsuits or loss of business, especially if sensitive information is released.
Recognizing and minimizing tort and regulatory risk in a business is everyone??™s responsibility. Alumina will need to implement the plan and also have preventive measures in place to avoid potential lawsuits. Having this in place will help to resolve the issues efficiently. Businesses should be aware that a violation can occur from any source whether it is an individual, the federal government, or even competition. When businesses can take a proactive approach towards the aspect of tort, they will have a greater chance of minimizing the risk.

How Have Changes in the Marketing Mix Affected Cafe Culture in the 21st Century

For the marketing people the definition of Marketing is summarized into putting the right product to the right person, in the right place, at the right price and time (McDaniel and Gates, 2003). The marketing mix is a powerful combination of tactics used by a business to achieve its objectives by marketing its products effectively to a target customer group. However, it is the way that the customers perceive these tactics that is responsible for the formulation of a culture around the product. More specifically, as far as the coffee marketing mix is concerned, the coffee product becomes the Customer Value. The price of the coffee is the monetary cost to the customers, Place, depicts the convenience that a customer can find the coffee that they prefer and its availability. Promotion is seen as the way coffee companies communicate with their customers, and increase the attractiveness of their products. Process on the other hand, is for the consumer the effort that they have to make, which could be the waiting time and the fast service in a coffee shop- important attributes in the 21st century, due to the increasingly fast pace of life. Also people in a cafe depict for the customer the quality of service, which has to be adjusted to the image of the company. Finally, physical evidence as created from the logo and the brand image of the coffee company -the sign that promotes awareness of and loyalty to the brand together with the architecture, created atmosphere of the coffee shop and those are connected to the personality reflection.But how the cafe culture in our century has been affected upon the change in the marketing mix that coffee companies have created The word ???coffee??™ does not (bring in mind) implies anymore the once inky- black coffee pumped with frothy milk. Instead consumers have increased their sophistication in coffee drinking and indulge in more complex pleasures of brewed coffee. For this shift primarily responsible are the coffee outlets with the great plethora of coffee product variations that they offer, which are combined with the artistic enhancement with impressive creamy decorations from coffee specialists. This range of variation is part of their effort to create a coffee that could keep every coffee-lover delighted, as it creates the feeling that they have their personal, customized coffee, which fully satisfies their preference. Moreover, a usual trend particularly in the big cafe chains, such as Costa Coffee and Starbucks, is to offer together with their beverages a variety of pastries and snacks to satisfy all their customer needs. Thus, many people have replaced their once snacking store with the cafes that offers options for both, as this increases convenience and decreases effort.The rising cost of the coffee beans has been a problem for the coffee companies, and is reflective of the fact that increasingly wealthy ???developing??™ economies such as China and Russia are increasingly importing the higher-quality Arabica bean, pushing up prices as a result. (Coffee – UK – April 2011 Mintel Report) The pricing strategies between the cafe differ significantly, with the larger coffee chains to adopt a higher pricing, compatible with the premium image that they have created for their products (e.g. Costa Coffee). However, they try to compensate their customers with higher volume of product and they usually offer a range of different sizes, with different pricing. That way, they create the consumer the impression that they can choose to pay accordingly of the quantity they want to drink for their favourite, premium quality coffee.One of the most important elements of the marketing mix that has great influence on the 21st cafe culture is the place. Coffee-serving outlets have so deeply penetrated markets in many urban centres that it is not unusual to see coffee shops on opposite corners of the same intersection. All the big cafe chains have established their presence in various parts of each big city they operate, thus increasing the availability of the preferred products from the consumers and decreasing their effort for having to move to the nearest shop. The high availability has also resulted cafe visits to become a ubiquitous and, for many, an indispensable part of daily life, as not only it is a morning habit in the way to work, but has been established in the people??™s minds as a great opportunity to relax or read a book in the closest cafe during the work break or in their free time.Furthermore, for the social character that the cafes have acquired in the people??™s minds during the 21st century, has also accounted the atmosphere they create. For instance, the Starbucks stores do not just sell coffee; they sell an atmosphere. Coffee shop today serve as social hubs, by creating an atmosphere of people gathered together, an opportunity to socialize and make small talk with friends. Coffee shops are not targeting just the coffee lovers but they try to create a cosy and attractive atmosphere that will render them the friends??™ meeting point. An additional cultural attribute is the correlation of the brand image and the consistent atmosphere that a cafe outlet offers, with self-branding tendency (Hoeffler and Keller2002), which refers to the process in which consumers match their own self-concept with the images of a certain coffee company. Therefore, a customer of Costa Coffee cafe feels that he obtains a privileged class status, compatible to the luxury image of Costa Coffee, whereas customers of Starbucks are the trendy ones who chose Starbucks as the place to chill and chat. It is worth also to discuss the change in lifestyle of people towards a more internet oriented entertainment. Of this cultural change has taken advantage the majority of coffee shops that now offer Wi-Fi accessibility, but mainly it is the reason of the wide spread of Internet cafes especially for the young ages. Despite the name ???cafe??™, those shops, only seldom imply that a person is going there to enjoy a coffee. It is a new concept instead based on the social character of the traditional coffee shops to attract people with similar interests-Internet lovers- to gather together in an atmosphere though that does not promote any social interaction.
Promotion plays also a very significant role in the way people have altered their cafe culture. It is the most effective tool that creates the desired image in each coffee shop. It is the tool to make the consumer aware of the variety of product options that he can chose and present it in an irresistible way. Moreover, sometimes it is necessary the consumer to be motivated or simply be made aware about what made coffee worth a higher price. The Fair trade and ???Green Coffee??™ promotions of Starbucks differentiate the Starbucks??™ coffee for the consumers who opt for higher quality. A promotion for charity activity or environmental responsibility of a coffee company could be very important to persuade conscious on these issues consumers.
Finally, the people working in a cafe can become very important assets for a company, as consumers are more demanding towards a better and faster quality of service. Courteous and helpful staff, who can advise the customer on its choice of coffee, can be the reason for repeated purchases of a customer, since it is a part of the need for customized servicing of the consumers today. Besides, as coffee lovers have increased their demand for perfection of taste in their coffee, and the different flavours that coffee outlets offer want to create not only satisfied but delighted customers, more and more cafes employ people that have specialized in coffee making so as to transform coffee making in an art.ReferencesMcDaniel, C. D ; Gates, R. H (2003) Marketing Research Essentials, 4th edition, Chichester, John Wiley & Sons, pp 13)
Hoeffler, S; Keller, K. L (2002),Journal of Public Policy & Marketing, 21,pp 78??“89. Available from: http://public.kenan-flagler.unc.edu/courses/mba/mba260e/Hoeffler_JPPM.pdf [Accessed 11 March 2012]