Contract Cost and Documentation for the Navy

Contract Cost and Documentation for the Navy
Contract Cost and Documentation for the Navy

Contract Cost and Documentation for the Navy

Order Instructions:

Assignment 5: Contract Cost and Documentation for the Navy

Due Week 10 and worth 300 points

Based on the same scenario as in Assignments 1, 2, 3 and 4, you are now considering the final factors needed for your proposal based on RFP #123456789, dated 07/14/2014.

Additional factors to consider are:

1. The other local competitor has removed their name from consideration and has requested to become your company’s sub-contractor due to your company’s patent on the specialty coating.

2. Your existing floor equipment is dated. However, you have learned that the Navy base has floor equipment which is not currently being used.

Write a six to eight (6-8) page paper in which you:

1. Determine the payment type (i.e., receiving progress payments, performance-based payments, or partial payments) you will use in your bid. Provide a rationale for your response.

2. Determine the approach and the key terms that you would consider in requesting the use of the Navy’s floor equipment. Provide a rationale for your response.

3. Propose the quality control and inspection procedures that you believe should be included in your proposal. Provide a rationale for your response.

4. Determine, because of your company’s private patent on the specialty floor coating, whether the Navy would or would not have a patent infringement objection for the use of the coating. Provide a rationale for your response.

5. Determine the mechanism for contract closeout your company would use with the Navy. Provide a rationale for your response.

6. Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Describe the nature of government contracting, including authority, responsibilities, and legal considerations.
  • Outline and explain the process for developing competitive proposals and source selection.
  • Explain the process for administering and evaluating contract performance.
  • Explain the various mechanisms for contract closeout.

Use technology and information resources to research issues in federal acquisition and contract management.

· Write clearly and concisely about federal acquisition and contract management using proper writing mechanics.

Follow rubric attached.

SAMPLE ANSWER

Assignment 5: Contract Cost and Documentation for the Navy

Conditions and terms keep on changing and this requires the contractors to as well to adapt to these changes.  Ben Rose Inc., is expected to as well incorporate the changes that have occurred to ensure that it meets the threshold.  In this scenario, competitors of Ben Rose Inc., have removed their name and requested to become subcontractors because of the patent on the specialty coating.  In line with the RFP #123456789, dated 07/14/2014, the paper deliberates on the payment type to use in this bid, determines the approach and the key terms to consider in requesting the use of the Navy’s floor equipment and proposes suitable quality control and inspection procedures. The author furthermore, determine whether the Navy would or would not have a patent infringement objection for the use of the coating and determine the mechanism for contract closeout the company would use with the Navy.

Even though different payment types are available to use such as progress payments and partial payments, the most suitable for the company is performance-based payment. This payment option is customary form of contract financing covered in the FAR part 32.10 (Acquisition. Gov, 2014). It is one of the payment method that contractors are authorized to use.  This method is adopted if the contracting officers find them to be practical and if the contractor is satisfied and in agreement to use it. This type of payment is based upon achievement of specific, accomplishments or measurable events valued or defined in advance by those parties to that contract (Acquisition. Gov, 2014). The rationale for selecting this method of payment is hereby explained. One of the reasons is that the method allows the contractor to fully recover the finances in an event of default. The contractor is fully guaranteed to get the finances as per agreed terms. This will therefore savage the contractor from tussles with the sub contractors on payment of their dues.  Another rationale for using this payment method is that it is flexible and has provision that will allow the contractor either to select financial payment option based on whole contract basis or on specific deliverable items (Acquisition. Gov, 2014). The contractor   will therefore make the best decision that will enable the contract to be executed accordingly. The type of payment is also preferred as it enhances the technical and schedule focus performance as it will motivate the contractor to accomplish the events when executing the contract. The contractor will be in a position to ensure that all activities are accomplished promptly and in a more efficient manner (Acquisition. Gov, 2014). This will as well increase the rating of the contractor giving the company an upper hand in the future contracts. Performance based payment compared to progressive payment has a potentially improved cash flow to the company contractor. The total of performance-based payment is 90 percent of the contract price compared to progress payments that is 80 percent of the contract cost (Acquisition. Gov, 2014). Therefore, using performance-based payment is preferred. This type of payment is also essential, as its benefit of improved cash flow is significant for the contractor especially when the contract is of considerably less profit or low price (Acquisition. Gov, 2014). The contractor stands a chance of getting a better financial deal when compared to a higher price deal with a similar contract that uses progress payments. This is a win-win deal as it puts into consideration time value of money when measuring the cost to the Navy and benefits to the contractor of the now improved cash flow.  Time value is slightly greater to the contractor when compared to the defence department if performance based payment is used. In addition compared to prompt payment, performance based payment, payment are not subjected to any interest penalty provisions. The payments are remitted as per the agency policy and the agreed terms hence; the contractor is guaranteed to get the funds without any penalty.

In requesting the use of the Navy floor equipment, the contractor must use certain approaches and key terms. One of the approaches is to enter into a negotiation with the Navy on the possibility of using the Navy floor equipment. The contractor should be persuasive for the Navy to give in.  In the negotiation, the company contractor can negotiate for a certain fee to be able to use the equipment as a lease (Acquisition. Gov, 2014). This agreement should be documented and the parties must sign as a proof of agreement.  The contractor as well can as well request the equipment to execute the contract within the shortest time possible.  Therefore, because of this reduced time, the contractor can reduce the amount of fees for the contract. This will benefit both the contractor as well as the navy. The contractor will be able to finish the contract quickly and will save on the repair and maintenance of his own equipment.  Time saved in this contract can as well be used to perform another contract. Similarly, the Navy will as well benefit as it will enjoy the facilities once they are ready and will save on cost since the contractor will reduce the cost that will cater for the lease of the Navy floor equipment.   Key terms requiring consideration is the parties to be involved in the negotiation, the lease period, terms on the repair and maintenance and the duration of the contract, and documentation of the agreement (Acquisition. Gov, 2014).  The parties that will be involved in the negotiation must have adequate information about the contract and the functioning of the equipment. This will ensure that the negotiation and agreements on lease are done in a fair manner. The lease period of the navy floor equipment is also very important, as it will determine the kind of agreement that the two parties to the contract will reach. The people that will be in charge of repair and maintenance of the navy floor equipment as well require deliberation to ensure that the parties agree and work together.  The contractor must be clear on these aspects, as they will have an impact on the terms and conditions of the contract. They navy floor equipment will alter the previous agreements because it is not known by the contractor and is exposed to wear and tear when used in the repairs.

Quality control and inspection procedures are essential to ensure that the contract is completed successful and meets the threshold.  To ensure high quality the company will come up with a quality control plan.  Process control testing will be done where material to be tested will be listed and test conducted and testing done on sample materials (U.S Department of Transportation, 2012).   After this, the inspection of the repairs will be done continuously. In preparatory phase, all contract requirements will be reviewed to ensure compliance of materials. This stage will ensure that personnel and equipment are able to comply with the contract requirements. At start up phase, contract requirements will be reviewed with personnel to perform the work, workmanships standards will be established and necessary training will be done. During production phase, inspections will be done to ensure that the contract moves on as expected and the work of high quality. Personal qualifications and work of subcontractors will be recorded to ensure that the process moves on smoothly and meets the threshold.

The company has a private patent on the specialty floor coating meaning that it has been given or granted a property right as the inventor of this design.  This is a design patent and the company has limited monopoly as it has been granted exclusive rights to use the coating and to sell. This innovation will benefit the company but for a limited period and on expiry of the period, the patent becomes obsolete and the owner cannot sue (Cornell University Law School, 2015).  Therefore, in this case, Navy has a patent infringement objection as they have no right to use the specialty floor coating to advance their own interests. This innovation is protected and the company has the mandate to sue the Navy if the specialty coating is used for their own benefit. The innovation remains the property of the company until that time that the patented   expires (Cornell University Law School, 2015). On expiry, the Navy will not be under any legal restriction or will not be held responsible for infringement of the patent. The period allowed is enough to enable the company to reap from its innovations. The reason why the patent has an expiry date is to allow more investments in time and resources in development of new and essential discoveries. Therefore, Navy would not have a patent infringement objection to use the coating for their own benefits the moment the patent expires. Before the expiration of the patent, the Navy has no legal authority to claim ownership of the coating.   Even though, the Navy will enjoy the services of the coating, it remains the property of the contractor or the owner until the time it was given elapses.

Different contractors use different mechanisms for contract close out.  In this case, the company will use standard procedures in its closeout. This mechanism has various issues that the constructor and the Navy must agree before the final certificate of completion is granted. Various reasons explain the decision to use this close out mechanism. One of the reasons explaining the rationale for selecting this mechanism is that it allows the close out to receive adequate evidence about completion of delivery of the services.  The contractor requests for contracting officer representative certification of contract completion to ascertain whether in deed the contract is complete to the satisfactory level or not. This therefore, allows the Navy enough time to inspect the services and to provide a feedback. The contract can be terminated or can be extended to   ensure that it meets the expected threshold.  Therefore, this gives an opportunity for the Navy to investigate whether it meets the terms and conditions as agreed.  The Navy therefore gets an opportunity to express whether they are satisfied with the services or not. Standard procedures is as well preferred because, it is documented and is official.  All the documents are provided and filled hence, can be used as a source of evidence.  Using this mechanism is also supported because it helps to reduce instances of payment deficits. To offer close out, evidence of all final payments must be provided to ensure that the contractor has up to date payment.  This mechanism is therefore, essential as it ensure transparency. The mechanism furthermore, allows the contractor and the Navy to have a positive sustained relationship even after the completion of the contract. This is because, the process are open and transparent. The mechanism as well has provisions that requires that subcontractors re settled by the major contractor putting in mind that the company has sub contractors that are assisting to provide the services. This therefore, ensures that the subcontractors are given their rightful dues hence reducing conflicts relating to their payment (HHS.gov. 2015).  The mechanism as well allows for the filing of contract completion form that gives the contractor an assurance whether or not the contract has met the objective. This gesture ensures that the contractor gets their dues as the Navy enjoys the services provided. Furthermore, the mechanisms adopted in this closeout as well considered the past performance assessment of the contractor (HHS.gov. 2015). This is essential as it ensures that the contractor remains steadfast and is motivated.  For the contractor, this is important especially if the contractor has a good performance record as the probability of such contractor getting more a contracts in other government entities increases.  Therefore, using this close up mechanism for the Navy contract is essential as it indicates the level of confidence in the service delivery. It gives Navy enough time to evaluate and inspect the work to ensure that it meets the threshold (HHS.gov. 2015). Therefore, this mechanism as well enhances the relationship between the contractor and the Navy and as well gives the contractor an upper hand to get other related contracts in future if the work done is superb and meets the threshold of Navy.

In conclusion, it is apparent that contracting is a length process and sometimes can be tiresome. Contractors must put into consideration after getting an opportunity to provide services. In this case, some changes may happen which might require alteration of the plan.    It is apparent that the company had to make adjustments the moment some of its competitors opted to become subcontractors as well as when the company learned that the Navy had floor equipment was not in use.  The company therefore must be able to enter into negotiation   to request the Navy to use its floor equipment. The negotiations must be free and fair and may result into a decision that may be binding.  The Navy may decide to lease the equipment or request for reduction of the period of repair and costs of the contract.  The company as well used performance-based payment because of its advantages compared to other methods.  Quality control and inspection procedures, patent infringement objection and closeout aspects are as well important in contracts as they contribute to successful implementation and completion of the contract.

References

Acquisition. gov. (2014). Subpart 15.2—Solicitation and Receipt of Proposals and Information.   Retrieved from: https://acquisition.gov/far/current/html/Subpart%2015_2.html

Acquisition. gov. (2014). Subpart 32.10—Performance-Based Payments. Retrieved from:             https://acquisition.gov/far/current/html/Subpart%2032_10.html

Cornell University Law School. (2015). Patent. Retrieved from:      http://www.law.cornell.edu/wex/Patent

HHS.gov. (2015). Contract closeout guide chapter 3- Closeout procedures. Retrieved from:             http://www.hhs.gov/asfr/ogapa/acquisition/contract-closeout-chapter3.html

U.S Department of Transportation. (2012). Contractor Quality Control Plans . Retrieved from:             http://www.cflhd.gov/resources/construction/documents/qc_plans.pdf

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Negotiating a Contract with Navy Assignment

Negotiating a Contract with Navy
Negotiating a Contract with Navy

Negotiating a Contract with Navy

Order Instructions:

Assignment 4: Negotiating a Contract with the Navy

Due Week 8 and worth 150 points

Based on the same scenario as in Assignments 1, 2, and 3, you are now considering additional factors needed for your proposal based on RFP #123456789, dated 07/14/2014, where another local competitor intends to submit a proposal.

Additional factors to consider are:

1. Although you have always built in a profit margin of ten percent (10%) for commercial flooring jobs, you are willing to consider a lesser profit margin in this case in order to win the contract.

2. The Navy’s Contract Administration Officer is known to be a smart, tough negotiator.

Write a two to three (2-3) page paper in which you:

1. Determine two (2) potential profit objectives that you will consider for accepting a less than normal profit margin if you win the contract. Provide a rationale for your response.

2. Determine two to three (2-3) negotiation strategies or tactics that you feel would be effective for winning the contract. Provide a rationale for your response.

3. Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Explain the government acquisition process using sealed bidding, negotiations, and alternative contracting methods.
  • Outline and explain the process for developing competitive proposals and source selection.
  • Use technology and information resources to research issues in federal acquisition and contract management.

· Write clearly and concisely about federal acquisition and contract management using proper writing mechanics.

SAMPLE ANSWER

Negotiating a Contract with Navy

Introduction

Negotiating and getting government contracts, especially from a Navy’s Contract Administration Officer is normally a hectic process. The problem persists because even after acquiring the contract, competitors will also do their best to send their proposals to win the contract next time. Therefore, when a company is given a contract, a rival company will do its best to ensure it maintains its trust to the government up to another time when it will be awarded another contract based on the trust built between the two parties (Smotrova-Taylor, 2012). The following discussion, therefore, will engage in discussing some of the profit objectives a company will consider for accepting a lower than normal profit margin after winning a contract. The discussion will also address some of the negotiation strategies that a company would use to win the contract.

Discussion

There are certain profit objectives a company would consider for accepting a lower than normal profit margin to win a contract. One of these profit objectives is elimination of competition. Rival companies will themselves be motivated to outdo the others in terms of competition on a specific item the Navy is requiring or wanting to sell. Therefore, in order to have future acquisitions, a specific firm who wishes to win the contract will be in a dominant position in winning the contract (Smotrova-Taylor, 2012). In this case, companies will be seeing themselves giving the government favorable processes and costs at their own expense just to win the contract before the other firms get it. In this type of scenario, the organization is more likely to accept reduced profit margins in the short term so that the firm or the bidder could realize extreme profits in the future.

Another profit objective that a company would employ to win the contract is survivability. According to Rumbaugh (2010), a company is said to be alive if there is cash from sales flowing through it. The normal assets of a company are usually reduced if sales are not made to make enable the company to survive and adapt in the short run. For instance, a reduction in labor force is the first phase of production that is seen after lack of sales. The negative effects are reflected in the company’s assets, recruitment and hiring, morale, and overall capabilities (Rumbaugh, 2010). Therefore, the bidder is forced to perform under these given contacts at negative profits in order for them to get and maintain cash flow. Working under this constraint makes the company to survive up to the near team maintaining that it is preparing itself for more sales in the near future. The company will also go into debts for a short period in order to cater for the continuing operations before it stabilizes first on the awarded contract.

There are various negotiation strategies or tactics that a company may deem effective for winning the contract. All of these negotiation strategies are what are referred in business terms to as win/win negotiation styles. Under this win/win negotiation style, as Roberts, Michael and Amir (2009) argue, both parties strive for the merits of the situation to get satisfactory results. Therefore, in order for a company to win the contact under a win/win strategy, the bidder is supposed to concentrate on positive tactics to resolve differences especially during the negotiations. These strategies should focus on the long-term benefits rather than on the short-term benefits (Roberts, Michael & Amir, 2009). This is where the pricing strategy comes in. The contract will be given to the company that affirms that it will provide the highest price for the government goods. A company should ensure that the price quoted should be equal to the highest fair and reasonable price.

Another negotiation tactic that a bidder might use to win a contract is cost strategy. The contract will award a contract to a bidder who shows that there will be a reduction of cost once a contract is awarded. This is mainly due to the government stand on maximizing profits. This type of negotiation tactic, in other words, is known as cooperative negotiation. This is because, both the government contractor and bidders engage in creating a good correlation between them than could be created in competitive negotiations. A company in cooperative negotiation using cost strategy aims at getting the most they can get for the organization (Osborne, 2011). The government will find itself changing its rules upon the contract after finding that the cost of production has changed drastically after the contract has been awarded. Offering the low cost incurring scenario will cajole the government to award the contract to the company that exhibit that it will be able to sustain that cost.

Summary

In conclusion, companies do their best to win government contracts. In case the competition is intense, companies will be forced to use price objectives to win the contract. On top of winning the contract, the companies will engage in negotiation tactics that see the company enticing the government to award them the contract.

References

Osborne, S. R. (2011). Winning government business: Gaining the competitive advantage with effective proposals. Vienna, VA: Management Concepts.

Roberts, K., Michael, R., & Amir, S. (2009). Renegotiation of financial contracts: Evidence          from private credit agreements. Journal of Financial Economics 93(2):159-84.

Rumbaugh, M. G. (2010). Understanding government contract source selection. Vienna, VA: Management Concepts.

Smotrova-Taylor, O. (2012). How to get government contracts: Have a slice of the $1 trillion pie. Place of publication not identified: Apress.

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Acquiring a Contract with the Navy Assignment

Acquiring a Contract with the Navy
Acquiring a Contract with the Navy

Acquiring a Contract with the Navy

Order Instructions:

Assignment 3: Acquiring a Contract with the Navy

Due Week 6 and worth 300 points

Based on the same scenario as in Assignments 1 and 2, you are ready to begin considering the factors needed for your proposal based on RFP #123456789, dated 07/14/2014. Remember that another local competitor intends to submit a proposal as well.

Before beginning this assignment, review FAR Subpart 19.5—Set-Asides for Small Business, located at http://www.acquisition.gov/far/html/Subpart%2019_5.html

Additional factors to consider are:

Both your company and your competitor’s company will qualify under the HUBZone Act
(FAR 19.5).
Based upon the scope of work required, your initial estimates for the contract will exceed $150,000. Therefore, you are willing to offer incentives to the Navy.
Your competitor intends to submit a proposal for a one (1) year contract.

Write a six to eight (6-8) page paper in which you:

  • Examine two (2) reasons why your business would qualify under the basic concepts of the HUBZone Set-Aside Procedures. Provide a rationale for your response.
  • Analyze the primary way(s) in which a multiyear contract would benefit both the Navy and your business.
  • Determine whether your bid proposal should be based on a fixed-price, a cost-reimbursement, or a time-and-materials type of contract. Provide a rationale for your response.
  • Determine the category of incentives that you are willing to offer (i.e., cost, schedule, or performance). Provide a rationale for your response.
  • Determine whether your bid proposal should be a technical, management, or cost proposal. Provide a rationale for your response.
  • Speculate on five (5) potential risk factors that you will need to consider if your company is awarded the contract. Provide a rationale for your response.

Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • · Interpret the Federal Acquisition Regulation (FAR) as it relates to small-business programs.
  • Describe the various types of contracts and considerations for their use.
  • Outline and explain the process for developing competitive proposals and source selection.
  • Use technology and information resources to research issues in federal acquisition and contract management.
  • Write clearly and concisely about federal acquisition and contract management using proper writing mechanics.

SAMPLE ANSWER

Assignment 3: Acquiring a Contract with the Navy

Some provisions in the FAR such as Historically Underutilized Business Zone (HUBZone) Program (FAR 19.5) require that certain contracts are set aside for small businesses. This is a government initiative to help foster economic development in these companies.  In this scenario, a local competitor has submitted a proposal for the same contract and therefore both my company and that of competitors will qualify for the contract under HUBZone Act (FAR 19.5).   Based on my company scope of work, my initial estimates for the contract will exceed $150,000 hence I will offer incentives to the Navy. Competitors wish to provide a proposal for the contract for 1 year. The paper delineates on various aspects that relate to acquisition of a contract in the Navy in reference to the RFP#123456789, dated 07/14/2014.

Various reasons explain why my small business will qualify under the concept of HUBZone set-aside procedures. One of the reasons is that the contracting officer is certain that my company and my competitors are going to tender their proposal for the contract (Navy Air, 2015). The business belongs to the category of small businesses and therefore it has higher chances of qualifying. The second reason why my company would qualify under the concepts of HUBZone set-aside procedures is that the award is expected to be made at a fair market price and that this award will be restricted for competition amongst small businesses (Acquisition. gov. 2015).  My company is considered small and will help increase employment opportunities among the population. It will also help increase investments and trigger economic development in my location as it is located in underutilized business zones (HHS. Gov. 2015).

Multiyear contracts have benefits to both the Navy and my business. In a multiyear contract, the contractor acquires a more than one year tender to render certain services to the contracting party under a single contract award without necessarily having to exercise an option for every program year in year out (Gao. Gov. (2015). Therefore, under this arrangement, the contractor can contract for more than 2 years even though funding will still be appropriated on an annual basis. One of the primary ways multiyear contracts benefit the contractor and the Navy is that it helps in saving the costs and it ensures that there is improvement when it comes to use of the contractors resources. Through these contracts, unit cost is expected to be lower compared to annual contracts through various ways. One of the ways that these unit costs reduce is through purchase of parts and materials in economic order quantities, improved efficacy and production processes, limited changes in the designs and stability in designs, better utility of the facilities and cost avoidance as the burden of placing and administering annual contracts diminishes (Gao. Gov. (2015).  Administration challenges reduce with decreased paperwork. The Navy and the company will not have many renewals when rolling out over the contract every year and this is expected. Multiyear contracts as well help in stabilizing the services and contractor relationships. The company is in a better position to ensure that they render quality services in long term to meet the performance expectations. The company will have an ability to focus on long term programs through planning to ensure that better quality services are provided.  Contractor relationships are also developed and improved through multiyear contracts. The contractor and the Navy will get to know each other through these relationships. They can develop good communication that is a roadmap to achieving success in the future. Multiyear contracts as well help to improve management as it is easy to achieve a timely initial data as it requires the authority of the contracting officer’s signature to renew the contract.  A multiyear contract is also beneficial as it encourages a shift to more flexible contracts and budget terms between the company and the Navy. Furthermore, the long and stable time horizons provide an opportunity for the contractor and the Navy to plan, ensuring efficiency and effectiveness in the delivery of services.

Contracts are classified into various groups such as fixed price, time and materials, and cost-reimbursement. Selecting the appropriate type of contract is important and requires in depth evaluation of the contractor situation. In this bid, the most appropriate type of contract that my company will select is a fixed price contract. This is because this contract type has various options that I can select to suit me. The fixed price types of contracts usually provide the contractor with a fixed cost and in other occasions, the price may be adjusted.  The fixed price contract that provides an opportunity to adjust price is the preferred one and it includes a target price and ceiling price or even both.  Under this arrangement, the target and ceiling price are subjected to a revision or adjustment under the circumstances stated. Even though firm fixed prices provide a price not adjustable, the contractor bears maximum risk, it is the best as it is possible to understand the projection of the profit (John, 2010). Furthermore, because of the experience my company has had in contracting, firm fixed price is the best. Firm fixed price is also appropriate because   my company will be able to minimize on the costs to accrue huge profits. The company can manage costs by ensuring that the project begins earlier and the time for completing the contract is minimized.

Various types of incentives are available to contractors. Some of these incentives are the cost, performance and cost incentives.  For the sake of this project, I will use cost incentives. These are the most common form of incentive contracts. They allow an estimation of the target fee or profit when the contract starts (Acquisition. gov. (2015). The full profit or fees is usually paid when the actual cost meets the target cost.  This form of incentives as well motivates the contractor to manage the costs effectively and this will ensure that the contract costs are minimized for the contractor to accrue some profits. Furthermore, using this incentive provides an opportunity for the contractor to provide other incentives without necessarily having to provide a constraint (Randall & Lynn, 2007).  Furthermore, using cost incentives is flexible as it can be adjusted within constraints of price ceiling or maximum or minimum fees. The contractor is deemed to accrue target profits or fees when the actual cost meets the target.  When the actual cost is below the target, the contractor will enjoy upward adjustment of the target profit or fee hence beneficial to the contractor. Therefore, using cost incentives will enable the contractor to deliver efficient services at reduced cost hence accruing more profit.

Proposals can either be technical, cost or management depending on the way the contractor deems appropriate.  My proposal will be technical to be able to compete favorably with the rest.  The rationale of using a technical proposal is to ensure that my chances of getting the contract are higher. With a technical proposal, the focus is not only on the price but it ensures that all the important aspects are captured to attract the attention and to persuade the contracting officer to award the contract to me. Nowadays, the government contracts entities that have the capability to deliver the services effectively and efficiently. Therefore, the only way that I can emerge victorious and win the contract is by ensuring that the contract is clear and precise as well as detailed.  The proposal must provide the best value and therefore it will focus on technical aspects such as proficiency, manpower, clarity of approach, past performance, and though leadership.  The process should also highlight on the management approach and quality control approaches that I will be able to use to ensure that the project is successful. The proposal will be able to show the plan to follow to conduct the project to be in a position to meet the requirements set in the solicitation. By illustrating that I do understand the work statement in the proposal, this will give me an upper hand and will increase the chances of winning over the contract. By  also providing information on my past performance,  I will  be able to reflect my business performance risks by telling the Navy about my experience and how well I did  previous works (Rumbaugh, 2010).  Looking at my past performance information will increase my level of rating especially if my track record has been good. This will as well give me an upper hand in this bid. I will also include a section on my management approach to illustrate to the contracting officer my clear undersigning of the project deliverables and tasks (Smotrova-Taylor, 2012). This will allow me to provide information on the project teams that will deliver the services, how the project will be managed, executed, monitored and controlled. The strategies that the project will adopt to ensure that the project is completed successfully will also surface at this juncture. This information provides the contracting officer an opportunity to acknowledge and experience my management skills and my competence in managing contracts. A technical proposal will as well enable me to showcase my level of understanding about the quality control approach, something that will also increase my chances of being selected. I will be able to identify the procedures, processes and metrics likely to predict successful costs and schedule outcomes. This opportunity will also give me a chance to show that I have put in place quality control metrics for gathering reliable data to show how the project is   running (Osborne, 2011).  One of the tools that will assist in measuring quality is Plan Do Check Act (PDCA) a four stage cycle that will help to move from problem faced to problem solved as the company still focuses on continuous improvement. Therefore, among these proposal types, a technical proposal is the best as it detailed but precise. This proposal allows me to furnish all the information in depth which will increase my chances of winning the bid and getting the contract. The Navy will require enough proof of my capabilities to render high quality services and this can only be proved  through this proposal.

Contractors are exposed to different kinds of risks and it is important that they put in place a risk mitigation plan to manage the risks. Risks if not well managed well can deter achievement of the goals and objectives of a contractor. Therefore, ensuring that appropriate plans to contain or prevent the risk are in place will go a greater magnitude to help control these risks (Smith, 2003). Therefore, in case my company is awarded the contract, the potential risk factors that I will consider include cost related risks, time related risks, quality related risks, environment related risks and safety related risks. Costs related risks may lead to increased costs reducing my profit margin and therefore, it will be noble to ensure that they are mitigated (Ward & Chapman, 1995).  Some of these cost-related risks that I will face will include variations in designs, occurrence of disputes when work is on progress, price inflations on the construction materials, many or excessive or lengthy procedures in approving the projects, incomplete or inaccurate cost estimate and inadequate program scheduling among others (Schuyler, 2001).  Some of the risks are intolerable but can be minimized. Time-related risks include, tight project schedule, bureaucracy in government that may delay the start of the project, incomplete approval of other documents among many others (Patrick et al., 2007). Quality-related risks that I will encounter may include, tight project schedules that may compromise on the quality of work, inaccurate cost estimates, high performance or quality expectations that may not be realistic, variations in designs, and lack of coordination between project participants (Baker &  Reid, 2005). The environmental related risks that I will be exposed to may include, serious noise pollution caused by the work underway, air pollution caused by chemical mixtures,  and lack of sufficient professionals and managers (Nerija & Audrius, 2010).  Safety related risks that the company is likely to be exposed include low management competency of the subcontractors, lack of fire extinguishers, general safety accident occurrence, poor or low quality of materials, and lack of coordination between the project participants. These  potential risks are very important to the success of the contract and they should be well managed to ensure that the project does not stall.

In conclusion, contracting is a process that requires consideration of various issues. The interested parties must submit their proposal for consideration. They must demonstrate their capability to provide the services required as well. To ensure that small businesses and people from historically excluded areas get the opportunity to grow and invest, various legislation such as HUBZone set-aside procedures are very instrumental.  Qualifying under this concept requires the bidder to demonstrate that they have the capability to execute the contract and that they are in the category of small business. The contractor may opt to get a contract for one year or for various years. Multiyear contracts have various benefits compared to one year contracts. This proposal as well is based on fixed price and the category of incentive offered was cost. The proposal selected was technical because it gives more opportunity for the bid to be selected. In contracts, it is as well very important to consider various potential risks. These risks may hamper achievement of the goals and mission of the contracts. The risks include quality, cost, environmental, safety and time related.

References

Acquisition. gov. (2015). Subpart 19.5—Set-Asides for Small Business

Retrieved from: http://www.acquisition.gov/far/html/Subpart%2019_5.html

Acquisition. gov. (2015). Subpart 16.4—Incentive Contracts . Retrieved from:             http://acquisition.gov/far/html/Subpart%2016_4.html

Baker, W., &  Reid, H. (2005). Identifying and Managing Risk , Frenchs Forest, N.S.W.: Pearson  Education.

HHS. GOV. (2015). Chapter 11: Historically Underutilized Business Zone Program (HUBZone) Program. Retrieved from:           http://www.hhs.gov/about/smallbusiness/Small%20Business%20Program%20Manual/ch  apter11.html

Gao. Gov. (2015). Multiyear contracts. Retrieved from: http://www.gao.gov/htext/d08298.html

John, E. (2010). Government contracting. Retrieved from:             http://www.ncmahq.org/files/Articles/847BD_cm_July04_44.pdf

Navy air. (2015). HUBZone program. Retrieved from:             http://www.navair.navy.mil/nawctsd/Resources/Library/Acqguide/hubzone-program.htm

Nerija, B., & Audrius, B. (2010). Risk management in construction projects. Retrieved from:             http://www.intechopen.com/books/risk-management-current-issues-and-challenges/risk-            management-in-construction-projects

Osborne, S. R. (2011). Winning government business: Gaining the competitive advantage with effective proposals. Vienna, VA: Management Concepts.

Patrick, X.W et al., (2007). Identifying Key Risks in ConstructionProjects: Life Cycle  and           Stakeholder Perspectives, 1-14.

Randall, B., & Lynn, W. (2007). Incentives contracts. Contract management, 19-21.

Rumbaugh, M. G. (2010). Understanding government contract source selection. Vienna, VA:Management Concepts.

Schuyler, J. (2001).  Risk and Decision Analysis in Projects (second edition), Pennsylvania: Project Management Institute, Inc, USA.

Smith, N.J. (2003).  Appraisal, Risk and Uncertainty (Construction Management Series),  London: Thomas TelfordLtd, UK.

Smotrova-Taylor, O. (2012). How to get government contracts: Have a slice of the $1 trillion pie. Place of publication not identified: A press.

Ward, S.C., & Chapman, C.B. (1995). Risk- Management Perspective on the Project Lifecycle,    International Journal of Project Management, 13(3), 145- 149.

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Bidding on a Contract with the Navy Assignment

Bidding on a Contract with the Navy
Bidding on a Contract with the Navy

Bidding on a Contract with the Navy

Order Instructions:

Assignment 2: Bidding on a Contract with the Navy

Due Week 4 and worth 150 points

Based on the same scenario as in Assignment 1, imagine that you have received a Request for Proposal (RFP) #123456789, dated 07/14/2014. You also find out through a reliable source that a local competitor has also received an RFP for a similar type of product and service. Due to this, you will be required to negotiate the contract, and will need to consider the contract specifics.

Write a two to three (2-3) page paper in which you:

  • Suggest three (3) ways in which the basic concepts of the FAR Policy would mutually benefit your small business and the Navy.
  • Determine the method that you will use for solicitation of a bid. Next, explain why the Navy is likely to choose your company in the sealed-bidding process.
  • Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

· Interpret the Federal Acquisition Regulation (FAR) to determine requirements and resolve issues.

· Explain the government acquisition process using sealed bidding, negotiations, and alternative contracting methods.

· Describe the various types of contracts and considerations for their use.

· Outline and explain the process for developing competitive proposals and source selection.

· Use technology and information resources to research issues in federal acquisition and contract management.

· Write clearly and concisely about federal acquisition and contract management using proper writing mechanics.

Attached see the rubric

SAMPLE ANSWER

Bidding on a Contract with the Navy

Having received a Request for Proposal (RFP) #123456789, dated 07/14/2014, is not an assurance that the company will be awarded this contract. This is because; other local competitor has as well received the RFP for similar services like mine. This therefore will require that the contract is negotiated so that the company found eligible and suitable is awarded the contract. This paper therefore, deliberates on the benefits of FAR policy to my own company as well as to the Navy, determines the method to use for solicitation of a bid, and provides and explanation why navy will choose my company in the sealed bidding process.

Federal Acquisition Regulation (FAR) policy has various clauses that require parties to any contract to adhere to when negotiating contracts. The FAR policy provide sufficient explanation and description of the steps and regulations requiring adhering when  negotiating FAR policy  therefore, have various benefits to  my small business as well as  the Navy (Acquisition. gov. 2014). The concept on negotiated contracts  vs. Sealed  bidding as stipulated in the FAR 14.101 (d) 12.000, and FAR 52.215-1 states that contracts awarded using other methods  rather than sealed bidding procedures is considered  as negotiated contract (Easc.noaa. gov. 2014). This concept therefore will allow me to understand the requirements and prepare   for the negotiations or for the approval by the Navy.  This concept is beneficial to me as it enlighten me on what I will expect during the negotiation process.  The concept is as well advantageous to Navy in the sense that it will enable the company to make adequate preparation to ensure that the method selected enable them select the best and qualified contractor that will be able to deliver quality services.

FAR policy as well allows negotiation of initial offers without discussions or negotiations.  This policy has an advantage to the company as it has the chances of being selected without having to undertake any discussions. This will be as well advantageous to the Navy as it will have to save on costs and time. The company will not have to spent money to recruit for the parties to negotiate.  The other advantage of FAR policy is that it provides an opportunity to make proposal revisions hence increasing my chances of getting the opportunity to take over the contract.  This opportunity is also beneficial to the company as it enable the company to select the contractor that has the highest level of qualification that impacts on the project.

The method that I will use for solicitation of a bid is the Request for Proposal as it is used in the negotiated purchase. This proposal identifies a particular problem that my company wants to provided/solve (Lansing Community College, 2014).  This RFP has various sections such as Statement of Work (sow), terms of conditions, information required from the agency and the bidding information (Vernon, 2003). It also has samples, exhibits that have been done elsewhere. This aims at making the proposal more appealing to enhance or promote its acceptance by the Navy.

If the winning contract is selected through sealed bidding process, the Navy is likely to choose my company because of various reasons. This kind of procedures allows the Navy to evaluate the bids without carrying out any discussions. The Navy goes through the proposals and awards the contract to the responsible bidder whose bid is in conformity to the enlisted services or bids.   Because of this reasons, I believe that, the Navy will be motivated and obliged to   select me because of the way I have written and presented the bid. Some of the things that the Navy will  look or evaluate to  determine if  my proposal has meet the threshold  have all  been provided and satisfied. I have provided a competitive price offer for the services and this will play a critical role in selection of my company (Easc.noaa. gov. 2014). I have enough experience in the area having worked in the sector for various years. My past performance has been superb, as most of my clients have approved my services. The proposal is as well explained and detailed; this will enhance understanding. This strategy will help persuade the Navy to consider my company because this will portray me as an organized and a person that pays attention to detailed. By the virtue of being  a small size company,  I believe that  I will have an upper hand in this bidding  as this will be one away of uplifting  small size business to  medium and large scale business.

Negotiation is therefore one of the important stage in any contract.  The FAR policy has provided clear provisions on how this process should be carried out to ensure fairness to all the parties. The policy requires the contract to be given through negotiation or sealed bidding. In sealed bidding, the agency reviews the bids and makes their own selection based on the information provided by the bidder. On the other hand, negotiation or discussions require the bidder to avail himself or herself and defend their capabilities to provide or meet the requirement of the bid. I do believe that my business will be selected if sealed bidding is used as I have satisfied all the requirements. I have expressed my capabilities to deliver beyond expectation if the contract is awarded to me. The evidence provided is a clear indication of my capability.

References

Acquisition. gov. (2014). Subpart 15.2—Solicitation and Receipt of Proposals and Information.   Retrieved from: https://acquisition.gov/far/current/html/Subpart%2015_2.html

Easc.noaa. gov. (2014). Introduction to negotiations. Retrieved from:             https://www.easc.noaa.gov/APG/BCM/BCM_Docs/vol5%20Federal%20Contract%20Negotiation%20Techniques.pdf

Lansing Community College. (2014). Solicitation Types. Retrieved from:             http://www.lcc.edu/purchasing/supplier_information/solicitation_types.aspx

Vernon, E. (2003). Federal contracting. Retrieved from:       http://www.wifcon.com/anal/analcomproc.htm

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Small-Business Opportunities with the Navy

Small-Business Opportunities with the Navy
Small-Business Opportunities with the Navy

Small-Business Opportunities with the Navy

Order Instructions:

Assignment 1: Small-Business Opportunities with the Navy

Due Week 3 and worth 150 points

Imagine that you are the owner of a small floor refinishing business that provides a specialty coating product for ceramic tile and marble floors. There is no other local flooring business that provides this service. Having recently received a patent on your product, you are ready to expand your business by competing for Navy contracts at the local base, which is located a few miles away. The service you want to sell is the specialty coating, the application of the coating, and a regular maintenance schedule. Your company consists of you, one office assistant, and two production employees.

Note: You will be referencing this business throughout all five assignments for this course. Please use “First Name, Last Name, Inc.” as the name of your company throughout these assignments.

Write a two to three (2-3) page paper in which you:

  • Develop your company’s acquisition and planning strategy for obtaining a contract.
  • Analyze the manner in which utilizing SmartPay or a similar program in electronic contracting will assist your company and the Navy. Provide a rationale for your response.
  • Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  1. Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  2. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

· Describe the nature of government contracting, including authority, responsibilities, and legal considerations.

· Explain the government acquisition process using sealed bidding, negotiations, and alternative contracting methods.

· Use technology and information resources to research issues in federal acquisition and contract management.

· Write clearly and concisely about federal acquisition and contract management using proper writing mechanics.

See the rubric attached

SAMPLE ANSWER

Assignment 1: Small-Business Opportunities with the Navy

Ben Rose Inc., is a small business dealing in small floor refinishing and provides specialty-coating products for marble floors and ceramic tile.  The company strives to expand and therefore, competes for Navy contracts at the local base. The company wants to sell specialty coating, the application of the coating and regular maintenance schedule service to the Naval. This paper provides the acquisition and planning strategy to obtain the contract and provide analysis on how utilizing Smart Pay will assist the company and the Navy.

Acquisition planning is very important at it will allow the company to come up with appropriate documentations that will enable the company to compete favorably. It is a process   where concerned personnel coordinate comprehensively to meet the agency need in a timely manner and at reasonable cost (Acquisition. Gov. 2014). This process as well includes development of overall strategy for managing the acquisition.

The moment Navy identifies the need of these services, planning shall commence. I will inform the team that will be responsible for various aspects of the acquisition.  Since we are only four individuals’ one-office assistant, two production employees, and I. Everyone will be assigned with their duties (Acquisition. Gov. 2014).  I will handle contracting responsibilities myself while technical duties will be assigned to the office assistant.  I will therefore reveiew previous plans for similar acquisitions and discuss them with the key personnel in charge of the acquisitions.   At this stage, some revisions may be made to ensure that the right and relevant information is provided. I will then consult with the logistics personals to determine the type, quality and quantity and delivery requirements (Mueller, 2012).  I will then coordinate  with the contracting officer and secure his concurrence in all the acquisition planning. Having collected this information, I will them write an acquisition plan by providing all the required information. The plan shall address all the technical, business management and other important consideration that will control the acquisition. In this plan, specific contents will vary depending on the nature, circumstances and the stage of the acquisition process. Applicable instructors that are in tandem with the Naval implementing procedure will be followed to the later. This acquisition plan since it is for services contract, strategies for implementing performance based contracting methods will be described or if not used, then rationale will be provided (Acquisition. Gov. 2014).   Once this acquisition plan if filled, it will then be presented to the contracting officer of the Naval.  The process must be in line with the Federal Acquisition Regulation (FAR) Part 7 that requires any agency to carry out acquisition planning as well as market research for all the acquisitions (Energy. Gov. 2011). This is aimed at promoting and providing acquisition of some items as well as to obtain full and open competition whenever possible. Therefore, once the acquisition template is filled, I will wait to receive feedback from the contracting officer from the Naval on whether I qualified or not.

SmartPay is one of the new ways of making payment in this age of electronic contracting. SmartPay is a lease to own payment plan that individuals and companies use (SmartPay, 2014). The payment system allows the customers to get the products they want and are allowed to make payment over a given period as agreed. This program will assist my company and the Navy in various ways (SmartPay, 2014). This electronic form of contracting will help my company to offer its services at competitive prices hence this will benefit the company from high accrued fees. The method is as well convenient as the company will be assured of getting its payment.  It is as well secure way of making payment. The company that is the naval that is buying the services will benefit because it will have some period to make payment. This therefore enable the company to prepare in advance and make the payment. The company can as well request our services as per the contract agreements and make their payments automatically with the debit card. This therefore, avoids time wastage and heavy paperwork and transactions are made easily. The company as well takes over the ownership of the value of the services provided once they make the payment in their lease plan. In overall, using SmartPay is beneficial to both the contracting party and the agencies and in this case the Naval because it is secure and safe and it is also convenient form of making payments.

In conclusion, it is very important to take time to go through contract requirements to acquaint with the requirements. This is why acquisition and planning stages are very critical.  These stages provide an opportunity to understand the contract and its requirements. Therefore as one of the parties interested in this contract, I have opportunity to be granted if I will be able to meet the requirements and meet the laws pertaining to contracts. Embracing SmartPay programs is essential, as it will increase my chances of winning this contract. Smart Pay has numerous advantages to both the company and me.

References

Acquisition. Gov. (2014). Part 7- Acquisition planning. Retrieved from:      https://acquisition.gov/far/97-03/pdf/07.pdf

Energy. Gov. (2011). Acquisition planning. Retrieved from:             http://energy.gov/sites/prod/files/7.1_Acquisition_Planning_0.pdf

Mueller, J. (2012). The Acquisition Strategy.  Defense AT&L, 41(3):2-5

SmartPay. (2014). SmartPay=Smart sale. Retrieved from: http://getsmartpay.com/

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Good Grocers, Inc. Case Study Assignment

Good Grocers, Inc.
Good Grocers, Inc.

Good Grocers, Inc.

Order Instructions:

Assignment 1 Case study: Good Grocers, Inc.
Due Week 6 and worth 150 points
Note: The company mentioned herein is merely a hypothetical organization with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.

After Good Grocers, Inc. expanded its organic produce section and adopted a “buy local” policy, sales increased. The Virginia-based chain expanded its retail locations from seven to twelve (7 to 12) over the last three (3) years.

As the Assistant Human Resources Manager, your job is to advise store managers about legal and personnel matters. The leadership at Good Grocers, Inc. considers you to be a legally astute manager, who consults with the corporation’s attorney, as necessary. The corporation’s leadership has tasked you with managing two (2) situations have come across your desk. Please respond with support that is backed by the law.

Write a three to four (3-4) page paper which addresses the two (2) situations from two (2) store managers.

Situation 1
Last week, my produce manager reported the following incident:
As I came out from the bakery, I saw a woman lying on the floor of the produce department. Her husband started yelling at me, saying, “She slipped on a banana peel and fell. My wife is the anchorwoman for NEWSNOW, and we are going to sue you!”
She didn’t look hurt, but I called 911 and filed an incident report that contained the facts of the situation. When viewing the area, I did, in fact, see a banana peel on the floor, but it was still yellow and lying on top of a ribbed rubber mat. The woman in question was wearing five-inch high heels. But I wasn’t sure what to say, other than the woman would be hearing from us.
1. Explain whether this situation is best handled by litigation or by a particular form of alternative dispute resolution.
2. Based on how you would handle this situation, either through litigation or a particular form of alternative dispute resolution, outline the key next steps involved in seeking a resolution. Justify your response.

Situation 2
Last week, my bakery manager was short an employee over Mother’s Day weekend when the bakery is always busy. To make up for being shorthanded, the bakery manager called in Ms. Greene, an independent contractor. Generally, Ms. Greene comes in on Monday, Wednesday, and Friday nights between 6 to 9 p.m. just to decorate cakes; she has her own bakery business. We furnish all of her equipment, and we pay her by the cake.
Ms. Greene worked eight (8) hours on Saturday and another eight (8) hours on Sunday over Mother’s Day weekend. We paid her $15.00 per hour. On the following Monday when Ms. Greene came in, she told me that she wanted to receive the same benefits as the other Good Grocers part-time employees, such as paid time off and employee discounts. Ms. Greene asserted that she really is a part-time employee who deserves the usual employee benefits.
3. Determine whether Ms. Greene is an independent contractor or a part-time employee. Provide a rationale for your response.
4. Explain the reasoning supporting whether or not Ms. Greene should receive the same benefits as part-time employees.

Suggested resources for this assignment:
1. Access your Learning Resource Center (LRC) at the top of your iCampus screen. Search by keyword for business articles on arbitration, mediation, or independent contractors. You may also use your LRC to access legal topics and articles through the Lexis Nexis database.
2. At FindLaw, located at http://www.findlaw.com/, you may search by legal topic or enter a keyword(s) into a search box to find relevant information and articles.
3. You may use the following additional resources:

o Internal Revenue Service (IRS): http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee

o The Virginia Department of Labor and Industry: http://www.doli.virginia.gov/laborlaw/laborlaw.html
Your assignment must follow these formatting requirements:

• Use at least two (2) quality academic resources in this assignment, such as a government Website, and include internal citations. Note: Wikipedia and other Websites do not qualify as academic resources.
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:
• Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
• Explain basic court procedures, types of courts, and alternative dispute resolution methods.
• Use technology and information resources to research issues in business law.
• Write clearly and concisely about business law using proper writing mechanics.

SAMPLE ANSWER

Introduction

There are several methods in which legal responsibility in tort may arise;

Legal responsibility may be forced as a legal consequence of a person’s deed, or of his omission if he is under a lawful obligation to act. Legal responsibility may also be forced upon one person as a legal consequence of the action or inadvertence of another individual with whom he stands in any distinct association, such as that of a servant and his master (vicarious liability).

In selected cases, legal responsibility is founded upon a mistake, sometimes intention to cause harm, is required but more often laxity or negligence is sufficient. In circumstances of strict liability, however legal responsibility is in capricious degrees independent of the liability.

Most torts necessitate damage or loss resulting to the plaintiff as a consequence of the perpetrator’s demeanor. However, in some circumstances as trespass to land and to persons, the burden of proof of actual damage is not essential.

Intention or negligence or the breach of statutory

Intention

Some wrongdoing requires intention on the part of the wrongdoer. Intention can be inferred from the conduct of the wrongdoer. Whatever a man thinks must be deduced from what he says and does. A person intents a consequence if it is his/her motives to bring it about.

Negligence

‘Negligence’ may signify full advertence to one’s conduct and its consequences. More usually, however, it means inadvertence by the defendant, but the defendant cannot escape liability because he adverted to the risk if the case is one where even inadvertence would saddle him with liability. An illustration of full advertence is the case of Vaughan – v – (Menlove 1937) 3 Bing N.C. 468

(This case was followed in Ward v Jesco Stores, (1976). AllE.R.219, where the Court of Appeal held that an accident which occurred due to spillage of yoghurt on a shop floor, put an evidential burden on the defendant store owner to prove that the accident did not take place through any lapse of care on their part. They were not able to satisfy that burden, and the plaintiff succeeded.)

The appropriate procedure to resolve the conflict.

Considering the circumstances of the case the company is facing I believe the best option for resolving the issue is through negotiation. In my opinion since we actually have no clear evidence of what really transpired in that juncture. It is the woman’s word against our production manager’s word. On solving conflicts the method to apply in resolving, the dispute usually will depend upon the nature of your particular argument and personal needs of the participants. In our case, we have to put consideration on the following issues as that is necessary (Goldberg, Frank & Rogers, 1992).

Firstly, we have to figure it out whether the case should be a Private and confidential or in a public court setting. Secondly, we should consider the Informal settings, which are considerably flexible processes or those that are formal and have specific rules to follow. Thirdly is whether we have Personal control or decision made by a judge or arbitrator. Fourthly is the Time factor. Fifthly, the Cost considerations.

The sixth, is whether we desire to uphold the mutual affiliations, bearing in mind the people involved in the discontent circumstances are our customers. Seventh, is whether the Disagreement ought to be judged on questions or matter of law. In that, be it resolved with business law principles or an alternate way out brought into being by other mechanisms that are fair, yet practical. Lastly, if the decision to be made finally will be binding, and readily enforceable Negotiation is a straight forward way of solving discontentments. It is a two-way communication channel among conflicting individuals in the disagreement bearing an objective of finding a solution (Goldberg, Frank & Rogers, 1992).

Negotiation with the client may be done directly, or we can use the company’s lawyer to handle negotiations directly with the client and her husband on the business’s behalf. Usually, there are no precise procedures to follow, but negotiation is fritful when all persons concerned come to a concesus to stay calm and talk one person at a time. In this circumstance, it is better to negotiate in the board room company or the office (Goldberg, Frank & Rogers, 1992).

The goodness of negotiation is that it permits us to take part directly in decisions that affect us. In successful negotiations, the needs of both parties usually taken into consideration. A favorable negotiated agreement can be used as a contract and is enforceable in the law.

Negotiation is the principal methods of choice for problem-solving and trying to influence an equally satisfactory settlement (Goldberg, Frank & Rogers, 1992). If no pact is reached, litigation may suffice. The negotiation process is versatile and may be employed at any point in tying to resolve the conflict. E.g In advance of a court case being filed, even when the court process is on going, or at the end of that trial, even at the point before or after filling an appeal (Goldberg, Frank & Rogers, 1992).

Characteristics of Negotiation:

  • Negotiations are usually Voluntary
  • They tend to be Confidential and Private
  • Negotiations are relatively inexpensive and may be Quick as compared to litigation.
  • Negotiations are mostly Informal and thus unstructured to a fault.

 

  • High chances of resulting in a win-win solution

Key steps involved in seeking a resolution. Justify your response.

The initial step, which is paramount to the resolution of the problem, is to find out whether one has the Command or capacity to talk and influence an agreement. In this step, one party must reach out to the other to find out if one is willing to settle. Also, it is prudent to know the Credibility of other parties concerned and the Ability to negotiate on equal terms. Also, it is at this step to point out the underlying alternatives to negotiation if negotiation fails (Thibaut & Walker, 1978).

The next step is to Contact the other person involved to confirm about the Programme, Place (Neutral), and Contributing parties to the conflict resolution process (Thibaut & Walker, 1978).

The third step in the negotiation is the Ground work of a plan and interest valuation. Here one should Study the issues, resolve opposing interests inside the group, Evaluate the Best Alternate to a Negotiated Agreement and Fashion choices for common gain “win-win” (Thibaut & Walker, 1978).

Determine whether Ms Green is an independent contractor or a part-time employee

In my opinion, Ms Green does not qualify to be a part-time employee, according to equity law principles that define independent service provider position by structure of payment. If an individual is on a company’s payroll and collects stable salaries, evidently, he or she is a member of staff rather than an independent service provider, who probably receives compensation a total varying custom. In this case scenario, the Ms Green has been receiving payment on a commission, based on the number of cakes she produces (Miller, 1991)

The general principal rule is that a person is a independent service provider if his employer administer the result of the labour only. He is not involved in the ways and means in which the end result was achieved. In this case, the company has not been directly involved (Miller, 1991). Even though it furnished all the equipment’s she used in decorating the cakes the company did not control her schedule of work and how she produced the cakes.

Independent contractors are appointed to undertake a particular job. The affiliation between the hiring party and the independent contractor is predetermined (Wright, 1991). Ms Green was contracted on a contractual basis that stipulated explicitly on what she was supposed to do. There is verbal, written, or implied contract amid the parties about what will be completed and how much that service is worth (Sumutka, 1992).

The nature of the work will assist in describing the affiliation. When work is well thought-out central to the line of work, it is more likely that the worker is permanent employee. Otherwise, work, which is temporary and non-integral may point toward independent contractor standing. Ms Green work seems not to be integral as it only required her to perform it on particular days(Sumutka, 1992).

In an effort to construe the doctrine of the Fair Labour Standards Act and differentiate amid worker and an independent service provider status, several courts and federal government agencies did construct an “economic realities test.” It examines the dependence of the employee on the employement. If an individual gets a relative higher percentage of his remuneration from that business, likelihoods is that the person is an employee. The assessment factors in such things as cader of expertise, the essential structure of the work, the motive and interest the parties have and payment of benefits and government taxes (Oden, 1991).

Also used is the “right to administor” the assessment. When the “would be” employer regulates how work is carried out and a how the merchandise is distributed, then the relationship is of a servant-master relationship. If the would be employer relinquishes his duty and right over how the employees completes their work, and merely issue demands, then that association of is that of the master and independent contractor(Oden, 1991).

The reason supporting whether or not Ms Greene should receive the same benefits as part-time employees

Ms Green should not be issued the same kind of benefits as part-time employees because she was paid in full because the nature of the job was a one-time thing and not a permanent situation that would warrant such demands. Besides, she was paid in its entirety an actual figure that was more that her normal commission when she did her daily chores. For one to be considered a part-time, employee there is a stipulated period that should lapse, and the consistency of work should be flawless (Wright, 1991).

References

Goldberg, S.G., Frank, E. A and Rogers N.H.(1992). Dispute Resolution: Negotiation,      Mediation, and Other Processes, (2nd Ed.) (Boston: Little, Brown and Company.

http://www.irs.gov/govt/fslg/article/0,,id=110344,00.html

Miller, M. (1991). The IRS Finds Invisible Employees. Personnel Journal, pp. 56-60.

Oden, D.H. (1991). Independent Contractor: A Legitimate Classification with Reclassification Protection. In Taxes, pp. 319-325.

Sumutka, A. R. (1992). Employee or Independent Contractor? The CPA Journal. pp. 48-55.

Thibaut, J., & Walker, L. (1978). A theory of procedure. California law review, 541-566.

Wright, K.K. (1991). Determining Employee Status. Columbia, Mo.: MU.

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Abbreviated Qualitative Research Plan

Abbreviated Qualitative Research Plan
Abbreviated Qualitative Research                                 Plan

Abbreviated Qualitative Research Plan for increasing concerns on health disparities

Order Instructions:

Submit Draft of an Abbreviated Qualitative Research Plan for (Health disparities are a growing concern in the U.S. There are also a significant proportion of people with limited or no health insurance which may prevent them from receiving adequate health care, medication, and the use preventative measures such as exercise and diet. How would you address this issue?)

You will apply qualitative research methods this week when you develop a qualitative research plan that seeks to answer your research problem and research question.

To prepare for this Application, first focus on the following instructions:

Draft an introduction for your abbreviated research plan.
Next, ask yourself the following questions:

  • What are your research questions?
  • To what extent can you test them?
  • How would you justify the viability of your questions?
  • Why would this design be the most appropriate for answering the research questions?
  • Conversely, why would quantitative and mixed methods not be appropriate?
  • What approach would you select for this study (ethnography, grounded theory, case study, phenomenology, narrative)?
  • Why is that approach the most appropriate one for answering the research questions?
  • What theoretical framework or perspective would you use?
  • What would be your role as the researcher?
  • What is your target population?
  • How would you identify and recruit participants?
  • What factors would contribute to determining appropriate sample size? You will not need to calculate sample size for this assignment.
  • If appropriate for your plan, what instruments might you need?
  • What data collection procedures might you use? Why would those be the most appropriate methods to use?
  • How would that data help to answer your research question(s)?
  • How would you ensure quality and reliability of data?
  • What are threats to validity? How might you mitigate them?
  • How might you analyze the data?
  • What are the ethical considerations related to the plan?

The assignment:

Craft a 2- to 3-page paper in which you

  • Provide an introduction.
  • Provide a purpose statement.
  • Provide viable research questions.
  • Generate a written research plan that addresses the above questions.

SAMPLE ANSWER

Abbreviated Qualitative Research Plan

Abbreviated Qualitative Research Plan for increasing concerns on health disparities

Introduction

Many constitutionals across the world and US included require that citizen’s access to healthcare because it is their right.   However, in many times million of people are unable to access to quality healthcare because of various reasons one of them being lack of income and resources at their disposal. This is challenges that require immediate address by the concerned parties. Many people have no insurance covers; have no accessibility to health diet and exercises that negatively impact on their healthcare.  This research study focuses on the under privilege population that have no capability to access to healthcare.

Purpose statement

Healthcare remains as one of the key sectors in any country.  A population that is health impacts on all other sectors of the economy and propels the country towards achievement of its goals. Countries that face healthcare challenges experienced many problems that deter them from leading better lives.   Many people cannot access to quality healthcare because they have no money and resources.  It is not their desire to get better medication like anyone else but are limited by the circumstances. The government has a responsibility to facilitate accessibility of healthcare and reduce the ever-increasing gap between those that can access to healthcare and those that cannot (Kreuter et al., 2014). Reducing the gap will guarantee better living as many will be able to access to better healthcare.  Government initiatives such as passage of the Affordable Care Act of 2010 promises to bring relief to millions of people that had no capability to access to better healthcare (Kreuter et al., 2014). The insurance covers will increase the number of people that will be able to access to good medication, and healthcare. This will as well help to end the stalemate, as many will access to healthcare. Nevertheless, with such measures, a lot needs to be done.

 Research questions

  1. Do you approval existence of  health disparities
  2. How beneficial is it to have an insurance cover?
  3. How can the problem of health disparity be managed?

Research plan that addresses the above questions

The three questions will be addressed using qualitative research. This study will allow in depth understanding of the disparities in healthcare through the responses from the responses (Creswell, 2003). The questions require the responded to provide their observation and views that can be captured and understood through description. The questions are valid as they are testable and focus on the topic of study.  In the study, the researcher will adopt phenomenology approach, as this will help to answer the questions in-depth. It is as well provides an opportunity to have more insights on the topic of study.

The research will as well have a theoretical framework on health accessibility and disparities to help enhance understanding of the study. The role of the researcher in the study is to ensure that appropriate instruments are available and that the study is  carried out well by adhering to all the requirements . The target population the study is the members of the public that are eligible and qualified to have an insurance cover. The target population will be identified through correspondents and will be randomly selected. The type of the research will determine sample size. Since this is qualitative research, sample size will be small to impact on the results. Sample size will be calculated as well

Instruments that I may use include consent form, telephone and others. Other instrument to use is interview to collect data from the participants. I will have to make a schedule where I will visit the participants and ask them questions relating to the study to get information from them.  Data reliability and quality will be achieved by using credible sources  and using the best methods to analyze the information. I will as well ensure that the data is not tempered by any one.

Threats to validity may include false information from the participants and failure to take or keep good records of the interview proceedings. Data analyzing will be done through interpretation. The data will be coded and then inferences made. Ethics should as well be upheld. Some of the ethical concerns relating to the plans are selection of the participants and data analysis procedures.

References

Creswell, J. W. (2003). Research design: Qualitative, quantitative, and mixed method approaches. Thousand Oaks, CA: Sage Publications.

Kreuter, M., et al. (2014). The “Long Tail” and Public Health: New Thinking for Addressing  Health Disparities.  American Journal of Public Health, 104 (12): 2271-2278.

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Improving the U.S. Healthcare Needs

Improving the U.S. Healthcare Needs
Improving the U.S. Healthcare Needs

Improving the U.S. Healthcare Needs

Order Instructions:

Submit Draft of Abbreviated Quantitative Research Plan on (Health disparities are a growing concern in the U.S. There are also a significant proportion of people with limited or no health insurance which may prevent them from receiving adequate health care, medication, and the use preventative measures such as exercise and diet. How would you address this issue?)

You will apply quantitative research methods when you develop an abbreviated quantitative research plan that seeks to answer your research problem and research questions/hypotheses.

To prepare for this Application, first focus on the following instructions:

Review Chapter 8 in the course text, Research Design, the “Threats to Internal Validity” handout, and the “Quantitative Methods: Examples” med
Based on your discipline’s research problem scenario, create a problem statement.
Draft an introduction for your abbreviated research plan.

Next, ask yourself the following questions:

  • What are your research questions? To what extent can you test them? How would you justify the viability of your questions?
  • What are your hypotheses? How would you test them?
  • Why would this design be the most appropriate for answering the research questions? Conversely, why would qualitative and mixed methods designs not be appropriate?
  • What quantitative approach would you select for this study? Why is that approach the most appropriate one for answering the research questions?
  • What theoretical framework or perspective would you use?
  • What is your target population? How would you identify and recruit participants? What factors would contribute to determining appropriate sample size? You will not need to calculate sample size for this assignment.
  • What are the independent and dependent variables?
  • If appropriate for your plan, what instruments might you need?
  • What data collection procedures might you use? Why would those be the most appropriate methods to use?
  • How would that data help to answer your research question(s)/hypotheses?
  • What are threats to validity? How might you mitigate them?
  • How might you analyze the data?
  • What are the ethical considerations related to the plan?

The assignment:

Craft a 2- to 3-page paper in which you do the following:

  • Provide an introduction.
  • Provide a purpose statement.
  • Provide viable research questions and hypotheses.
  • Generate a written research plan that addresses the above questions.

SAMPLE ANSWER

Improving the U.S. Healthcare Needs

Introduction

The present health disparities being witnessed in the U.S. is worrisome. This is coupled with the fact that majority of U.S. nationals do not adequately enjoy health covers, meant to be provided by established health insurance companies. Contrary to what it is expected, the usage of preventive measures including diet and exercise has been limited, thus putting the progress of health among people to question. It calls for the government and key agencies to safeguard the health of their dear citizens by ensuring that there is comprehensive medical cover being provided by insurance companies; that everyone exercises proper diet, and that every citizen accesses quality health care by virtue of being informed of everything concerning their health.

Research Question

This proposal seeks to determine the appropriate medical interventions required for ensuring comprehensive health care, medical covers, and role being played by health insurance companies to safeguard the health of Americans. The proposal shall seek to answer the below question:

  1. What are the appropriate medical care and insurance cover that should be enjoyed by all U.S citizens to protect and foster their health?

Research Methodology

The research methodology used affects the results of any research. Research methodology affects data collection methods (Reswell 2003, p31). Quantitative data requires the measuring of variables and testing of existing hypothesis. Quantitative research methodology involves verification of numerical data. Qualitative research methodology involves theoretical data. It involves evaluation of existing theories, beliefs, and hypothesis in order to either approve or disapprove them. Research methodology and research in general involves finding a solution to a problem. This research uses qualitative research methods to gather information from relevant bodies and people who will inform of the methods that should be used for safeguarding the health of U.S. citizens, by providing the with the required medical care and ensuring their health vitality and enjoyment. The aim of the research is to trigger necessary verifiable actions to be taken with immediate effect to salvage the problem. This proposal uses only quantitative data in its analysis. It also employs various data collection methods such as surveys, interviews, as well as observation in order to answer the research question.

Research Design

According to Kumar (2010, p93), research design entails both the research methodology as well as the procedures used. This proposal applies descriptive research design that involves case studies, surveys, and observation methods. The research design allows the collection of data at the least possible cost, time, and effort. The research design enables the answering of the research problem by outlining the below objective of the study:

  1. To establish the appropriate healthcare practices that can be adopted by the U.S. Government, together with relevant agencies and health insurance bodies to safeguard the health of the citizens.

The project will use both primary and secondary data sources on sourcing information about health insurance covers. The method of data collection used includes conducting of surveys, interviews, as well as collection of data from secondary sources. This research will collect information from relevant bodies and health insurance companies as well. The research will use random sampling in choosing relevant bodies and health insurance companies to obtain information. This research will also conduct interviews of citizens who have been denied proper medical care by seeking to find out their fears, the needs, and the suffering they undergo for failing to access proper health care. The research tools used prevents this research from digressing away from the research objectives. This is by ensuring accurate collection of data. The research tools determine the methods of data collection used.

Rational for using quantitative approach

This research uses quantitative approach as opposed to qualitative approach. This is because data on the research is mostly quantitative. This data exists only in terms of words and not numerically. The type of data collected determines the kind of research therefore; this research uses quantitative approach due to the use of quantitative data.

Research sampling methods

This research uses small size samples in order to achieve accurate results. This research uses probability sampling in choosing the samples interviewed. This is where every health care agencies, health care insurance companies, and citizens have equal chance of selection. The research uses cluster sampling where the researcher organizes the samples into groups to have equal chances of selection.

Data collection

This research uses interview method to collect information from health care agencies on the best approach to use in providing for adequate health care to citizens. This research adheres to ethical issues in data collection such as privacy of information. The research does not reveal the names of the citizens interviewed as a way of maintaining confidentiality. This research also sought the consent of the interviewees before using their information in data analysis (Willkes, 2012). Apart from conducting interviews, the research collected information through conducting surveys on the best healthcare practices on all citizens. The research also applies observation method to collect data. Observing the citizens reactions to what is lacking in health care platforms enabled in developing conclusions of the research.

Application of results to improve healthcare

The research recommends that key health care agencies and insurance companies should embark on transforming the situation presently in the U.S. The research proposes that everyone should be insured against health risks, and that any losses of lives as well as injuries.

Conclusion

It is therefore necessary that nurses and other hospital workers adopt safety mechanism of alleviating this situation. This research proposes the adopting of proper health measures that if well implemented, can significantly reduce the recent health care trends in America.

References

Gordon .C & Schmelzer, M(2012) Care of the Patient in Excited DeliriumJournal of Emergency Nursing, Vol 39, 2, pp 190-196.

Kumar .R (2010). Research Methodology: A step-by-Step Guide for Beginners. London, UK SAGE

Reswell, J. W. (2003). Research design: Qualitative, quantitative, and mixed methods approaches. Thousand Oaks, CA: Sage Publ.

Willkes, G. M. (2012). 2013 oncology nursing drug handbook. Sudbury, Jones & Bartlett learning.

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Workforce Issues on Patient Safety

Workforce Issues on Patient Safety
Workforce Issues on Patient Safety

Workforce Issues on Patient Safety

Order Instructions:

Workforce Issues on Patient Safety

In this assignment, you will consider how workforce issues impact on patient safety.

Discussion Question 1

Using the an Online Library, research workforce issues and patient safety.

Based on your research, complete the following tasks:
•Identify and describe the research problems, purpose, objectives, and hypothesis of the research.
•Evaluate the credibility and validity of the study.

Discussion Question 2

Read the following titles of research studies from an Online Library. Identify the type of research used in each study (qualitative or quantitative). Provide a rationale for your selection.
•A study of the effects of cardiac rehabilitation exercise program on the morale and motivation of persons recovering from recent heart attacks.
•An exploratory ethno-botanical study of medicinal plants used by the Turks in the treatment of eye disorders.
•A study of the impact of different dietary patterns on breast cancer patients.
•The effectiveness of the acquired immunodeficiency syndrome (AIDS) Drug Assistance Program (ADAP).
•A study of the effects of different types of music on sleeping patterns of elderly insomnia patients.
•A study of the impact of political and social trends on the direction of nursing research.

Suggested References:

Shisana, O., Rice, K., Zungu, N., & Zuma, K. (2010). Gender and poverty in South Africa in the era of HIV/AIDS: A quantitative study. Journal of Women’s
Health (15409996), 19(1), 39–46.

Ko, E., Nelson-Becker, H., Park, Y., & Shin, M. (2013). End-of-Life decision making in older Korean adults: Concerns, preferences, and expectations. Educational
Gerontology, 39(2), 71–81.

Witzke, J., Rhone, R., Backhaus, D., & Shaver, N. (2008). How sweet the sound: Research evidence for the use of music in Alzheimer’s dementia. Journal of Gerontological Nursing, 34(10), 45–52.

Sandvik, A., Melender, H., Jonsén, E., Jönsson, G., Salmu, M., & Hilli, Y. (2012).
Nursing students’ experiences of the first clinical education: A nordic quantitative study. Nordic Journal of Nursing Research & Clinical Studies /Vård I Norden, 32(3), 20–25.

Cooper, C., Taft, L., & Thelen, M. (2004). Examining the role of technology in learning: An evaluation of online clinical conferencing. Journal of Professional Nursing, 20(3), 160–166.

Roulston, A., Bickerstaff, D., Haynes, T., Rutherford, L., & Jones, L. (2012). A pilot study to evaluate an outpatient service for people with advanced lung cancer. International Journal of Palliative Nursing, 18(5), 225–233.

SAMPLE ANSWER

Workforce Issues on Patient Safety

Discussion question 1

Patient safety in many health institutions faced challenges that relates to workforce issues.  Various studies demonstrate that in deed measures are required to make some improvements in the workforce to enhance the level of patient safety.  In the study, “The effects of workforce issues on patient safety” by Gelinas and David (2004) it is clear that there are number of issues that relates to the workforce that affects the safety of patients in the health centers.

The research problem in this study is lack of focus to relevant workforce issues hence leading to injuries and poor patient safety. The purpose of the study was to provide an insight on the failures in the health facilities such as staff retention, competency development and orientation and training issues that compromise on the patient safety. The objectives of the study were to provide amicable solutions to the problems that face workforce in health care. Other objective is to ensure that there is good leadership in the hospitals to provide motivation to the workforce. Cultural aspects as well require a redress to enhance transformation in health facilities to enhance patient safety. The study hypothesis is inferred and is to promote positive values among workforce and motivate them to reduce patient injury.

Validity and credibility of a study matters a lot credibility of the study compels people to adopt the study as they have confidence in it. The study is credible as it incorporates credible   sources of reference.  It is well supported with statistic from other studies that makes it credible. Professionals as well carried out the study. The study as well incorporated evidences from various public reports, which makes it credible (Gelinas & David, 2004).  The study validity is as well evident with the use of authoritative information and models.  Information is well researched and proved. The fact the study was approved to be included in the database, is a clear indication that it  meet the threshold of  validity and  credibility.

Discussion Question 2

Researchers decide to adopt to different research designs either qualitative and quantitative or mixed depending on the nature of the study. Some of the topics of study can  be well understood through any of these study designs (Rofail, Maguire,  Kissner, Colligs &  Abetz-Webb, 2014). The topics of these studies as well can provide some insights to the research study adopted.  Studies in relation to effects of cardiac rehabilitation exercise program on the morale and motivation of persons recovering from recent heart attacks uses qualitative research designs. The reason for adoption of this design is that it generates information through interviews that can be explained and described to enhance understanding (Mayberry & Kent, 1983).  Researcher can observe the patients as well as interrogate them to determine whether they are motivated or their morale has increased after exposure to rehabilitative exercise. Other studies that adopt qualitative design include, A study of the effects of different types of music on sleeping patterns of elderly insomnia patients and A study of the impact of political and social trends on the direction of nursing research. These studies do not require   reliance of   statistics or to present the findings using statistics.

On the other hand, some studies require adoption of quantitative study designs for the findings to be of great value and assistance. Examples of these studies may includes an exploratory ethno-botanical study of medicinal plants used by the Turks in the treatment of eye disorders, a study of the impact of different dietary patterns on breast cancer patients and The effectiveness of the acquired immunodeficiency syndrome (AIDS) Drug Assistance Program (ADAP).  These studies require  presentation of data using numerical statistics to enhance their understanding.

References

Gelinas, L., &  David, Y. (2004). The Effect of Workforce Issues on Patient Safety. Nursing         Economic, 22(5):266-279

Mayberry, J., & Kent, J. (1983). Recent progress in cardiac nursing and rehabilitation        programmes. Journal of Advanced Nursing, 8(4): 329-333

Rofail, D.,  Maguire, L., Kissner, M., Colligs, A., &  Abetz-Webb, L. (2014).Review: Health-       related quality of life is compromised in individuals with spina bifida: results from qualitative and quantitative studies. In European Journal of Obstetrics and Gynecology, 181:214-222

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Digital Dashboard for Tuberculosis

Digital Dashboard for Tuberculosis
Digital Dashboard for Tuberculosis

Digital Dashboard for Tuberculosis

Order Instructions:

Digital Dashboard for tuberculosis.
This portion of your Scholar-Practitioner Project (Digital dash board for tuberculosis) requires that you put to use the informatics display techniques.create a mock-up screen of a “digital dashboard” for tuberculosis disease surveillance system. Include a framework for the display of data based on the algorithm using appropriate graphics, symbols, and words., and words. You may use PowerPoint, Word, Prezi, or a program of your choosing to create the screen. Additionally, you may choose to annotate the mock-up as appropriate.

Please save the mock-up in one of the following formats:

PowerPoint file: Use “.ppt” extension
Word file: Use “.doc” extension
Prezi file: Use “.pez” extension
PDF file: Use “.pdf” extension
Image file: Use “.jpg” or “.gif” extension
Rich text file: Use “.rtf” extension
Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week’s Learning Resources and additional scholarly sources as appropriate. Refer to the Publication Manual of the American Psychological Association to ensure your in-text citations and reference list are correct.

SAMPLE ANSWER

Digital Dashboard for Tuberculosis

Week 5 information: Tuberculosis disease surveillance system

TB disease surveillance system is essential in ensuring closer monitoring and management of the disease. The system must function appropriately to have tangible benefits to the users. Quality assurance is very critical part of any surveillance system that operates successful. Quality assurance ensures that the system is continuously monitored evaluated and data is improved.

In US, national tuberculosis Surveillance System (NTSS) is located at the division of tuberculosis Elimination (DTBE) and functions as the national repository of TB disease surveillance data.  Center for Diseases control and prevention   receive information/data from the various jurisdictions reports through a standardized data collection from known as RVCT) Report of Verified of Case OF Tuberculosis (Center for Disease Control and Prevention (CDC), 2014).

The RVCT is usually revised on period basis to take into consideration the new changes in the disease epidemiology. The latest implementation was done in the year 2009 and it incorporated more recent development such as web-based systems.  There is still a lot that have been done to ensure that data is collected and reported well to  ensure that adequate information is available. Various teams form partnerships with public health officials and other local professionals to develop and in launching of national training programs on the new RVCT (WHO, 2014). These initiatives are undertake to foster or enhance quality of data collected. In management of TB, it is critical to have enough data or information about the prevalence of the diseases. This information on the areas the disease is prevalence as well helps to come up with appropriate strategies to manage the disease.

Five factors require consideration to ensure quality assurance of the tuberculosis surveillance systems. These components includes, case detection, data accuracy, data completeness, data timeliness and data security and confidentiality (Center for Disease Control and Prevention (CDC), 2014). Case detection is the first aspect. Once an instance of specific diseases or even exposure such as TB is done, a health care worker reports it. This information as well is collected from laboratory work or from a medical or a vetenary care. The observation or such incidence should be diagnosed and verified.

Data accuracy is another important component of quality assurance. The submitted data need to match with the patient record at the location or point of care (Arkansas Department of Health, 2014).  The data recorded in the surveillance system need to remain consistent with the activities that happened in the clinical encounter if they were not clinically appropriate or if they were clinically appropriate.

The third component is data completeness.  This measure helps to ascertain whether information submitted has complete set of data items or not (Center for Disease Control and Prevention (CDC), 2014). This is very important as it ensures that any information stored in the system is complete and therefore can be relied in the future. This requires verification of such information to ensure that it is complete and meets the threshold set for data completeness.

Data is also required to factor in the aspect of timeliness. It is important that prompt reporting of surveillance data is done to the health authorities.  Once the information is   accessed, it is very important that this information is reported immediately to provide an appropriate mechanisms responding to the same and instituting to preventive mechanism.

The last component is data security and confidentiality. Security of data entails measures in place geared at protecting data of public health and information systems from accessibility by unauthorized release (Center for Disease Control and Prevention (CDC), 2014). It also involves measures concerning information identification, loss of information and damage of the systems. Data confidentiality aims to protect personal information gathered by public health organizations.  Personal information should not be released to third parties without the consent of the owner of the information or the patients.

 Quality Assurance components of TB surveillance system

References

Arkansas Department of Health. (2014). National Electronic Disease Surveillance System             (NEDSS) . Retrieved from:           http://www.healthy.arkansas.gov/programsServices/epidemiology/Surveillance/Pages/Nedss.aspx

Center for Disease Control and Prevention. (CDC). (2014). Hot Off the Press! Quality Assurance            for Tuberculosis Surveillance Data: A Guide and Toolkit – 2013. Retrieved             from:http://www.cdc.gov/tb/publications/newsletters/notes/TBN_3_13/dataguide_toolkit.htm

Center for Disease Control and Prevention. (CDC). (2014). Tuberculosis Information Management System (TIMS)  Replacements. Retrieved from:          http://www.cdc.gov/tb/programs/tims/NEDSS.

WHO. (2014). Standards and benchmarks for tuberculosis surveillance and vital registration         systems: Checklist and user guide. Retrieved from:      http://www.who.int/tb/publications/standardsandbenchmarks/en/

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