Contract Performance

Contract performance is essential in ensuring the smooth execution of contracts. The parties to a contract are obligated to adhere to stipulated terms so as to ensure success and satisfaction of their counterparts. The set promises prior to a contract should be respected and followed by all parties. The government accountability office (GAO) has provided different reports on contract performance. This agency which is responsible for evaluation, audit and investigations in US congress plays a key role in monitoring business operations. Maintenance of law and order in contract execution is a key function of GAO. In this essay, the concept of contract performance will be reviewed with special focus on GAO reports on contract performance which expose different performance issues.

The GAO report, B-191095 of 1978 concerning the matter of Southern Industrial laundry, Alabama Laundries and Linen Supply gives valuable insights on contract performance. The issues of responsibility, satisfactory performance, transparency and accountability in the contract have been addressed. The report denotes that the protest against the awarded company is based on non responsible bidder. This is a key issue in contract performance which should be given priority. Successful bidders are obligated to demonstrate high levels of responsibility and adhere to set standards. Protests on contract award are also based on unsatisfactory performance. In response to this phenomenon, contractors are obligated to observe agreed upon terms rather than default some contract requirements. In order to ensure acceptable performance, the contract is due for termination if bidders fail to live by set standards. Another issue of concern addressed by GAO regarding contract performance is inspection of contract execution. This is vital for countering possible protests against the award of contracts to unfit bidders (Dembling, 1987).

The Report gives an overview of the invitation for bids by the US Army Missile material readiness Command for laundry and dry-cleaning. With this invitation, Southern Industrial Laundry, Alabama Laundry and Tennessee Laundry placed their bids. Tennessee Laundry won the contract being the lowest bidder. Alabama laundry was the protester. Based on the report, both bids were responsible to the IFB, whereby Tennessee Laundry won the contract due to its low bid. Following the failure of the bid and denial of protest, Alabama Laundry, which is the protester, filed a protest with GAO (Dembling, 1987).

In reference to contract performance, the issue of responsibility should be upheld. This element has been challenged by the protester, Alabama Laundry which alleges the use of an affirmative determination of responsibility by the contracting officer. The protester alleges that the contract winner, Tennessee laundry should have been declared non-responsible. In order to ensure harmony and satisfaction, appropriate criteria for determination of responsibility should be followed. For instance, satisfactory record of previous performance should be used in determining the suitability of a bidder. As argued by the protester, the winner, Tennessee Laundry does not meet the responsibility standard thus making it non responsible (Cohen & McKendrick, 2005).

The protester, Alabama Laundry has also offered damning allegations that Tennessee laundry’s performance is unsatisfactory. This is an issue of great concern in contract provision which need to be considered. This is in relation to failure to deliver some items. These are important aspects of contracts which every contractor should observe. Failure to inspect sites for performing a contract is also another issue brought forward by the protester. It is essential for contractors to thoroughly inspect the working environment to ensure delivery of quality services. This issue has been raised by Alabama Laundry which alleges that Tennessee laundry has been reluctant in inspecting the sites where it will perform the services. The claims by Alabama Laundry concerning its award for the contract are unjustified. Alabama laundry should leave the authority of awarding contracts to the contracting officer (Dembling, 1987).

The responses by the GAO on the allegations of Alabama are essential in ensuring harmony and order in contract management. Based on the report, determination of responsibility lies in the business and is beyond reasoned review, hence challenging the allegations by Alabama Laundry. It is important to note that issues of fraud and corruption are the main factors inducing review of affirmative determination of responsibility. It is essential for the setting of minimum standards on expertise and responsibility so as to ensure satisfaction of all bidders to a contract. The allegations on the basis of unsatisfactory performance are null, since they are not resolved under bid protest procedures. All the allegations by Alabama are unfounded and unsatisfactory for review or termination of the country. It should be noted that for contracts to be successful and satisfactory to all stakeholders, the set standards of responsibility, inspection of the site, satisfactory performance, and quality should be administered in the selection process (Dembling, 1987).

The Federal Acquisition Regulation (FAR) offers good regulatory provisions for enhancing contract performance. FAR gives guidelines on contract formation, acquisition, planning and administration. Government operations on procurement are highly guided by the FAR systems, hence ensuring order in contracts. As noted by King (2012), FAR systems provide unified procedures and policies for contract acquisition, planning and administration (King, 2012).

The need for adequate evaluation of contracts to determine viability and efficiency has been emphasized by FAR. FAR systems call for timely evaluation and quality data standards. This is aimed at ensuring the satisfaction of all parties and maintenance of high quality standards. Regular assessments of ongoing contracts have also been advocated for by FAR systems. This should be complemented by assessments of past performance so as to certify the performance of the contractors. The concepts of cost control, timeliness, technical quality control, business relations, and report of accordance to contract terms have been clearly stated by FAR systems. It is an obligation of all contractors to observe these standards so as to ensure success and satisfactory results. The mode of terminating contracts, changing scope of work, making payments, conducting testing, inspection, and delivering of services have been explicitly provided for by FAR. This is important in ensuring smooth acquisition, planning and administration of contracts (Cohen & McKendrick, (2005).

In light of the GAO report about the protests of Alabama Laundry, the worth and applicability of FAR regulations is evident. The provisions of FAR, 520203-13 (b) (3) (i) on business code of ethics in contracts and program compliance is applicable in the case of Alabama Laundry. It is necessary for business organizations involved in contracting process to observe ethics. The need for internal control systems is vital in ensuring satisfaction of all players. Adherence to internal controls ensures the provision of quality services. Adherence to internal controls helps in provision of contracts in a fair manner as well as facilitates dispute resolution (King, 2012).

The information offered in the report concerning the protests by Alabama laundry is satisfactory in making opinions and recommendation. The report has adequately reviewed the contracting procedures and the status of each bidder. The response offered on the different allegations is adequate. The information presented in the report dismissing the need for review is adequate. Alabama Laundry’s Allegations does not meet the threshold for review. The contracting officer followed the set standards and guidelines in awarding the contract. The issues of cost and responsibility have been catered for in awarding the contract. This is sufficient in justifying the contract and dismissing the allegations of Alabama Laundry (Meyer, 2010). The same organization, GAO, could be observed from the aspect of Federal Acquisition Regulations (FAR) using a different report. The second case here looks at a summary of the GAO report on performance and accountability with respect to the Federal Acquisition Regulations. The report is established from the 2012 fiscal year.

Federal Acquisition Regulation or FAR include set of rule governing contractual agreements and acquisition processes in the US. The acquisition process is the way in which the government purchases goods or services. The process involves recognition as well as acquisition planning, the contract formation, and the contract administration. Government personnel are regulated by the FAR system (Federal Acquisition Regulation, 2005). The GAO being a government body is also regulated by FAR and is required to publish reports on its contract performance. Contract performance ensures a smooth execution of contracts in which case the parties in a contractual agreement have to adhere to the contractual terms and condition. The Government Accountability Office (GAO) is run in a way that its acquisition activities and contracts are respected by all parties to a given contract in accordance with the FAR. The GAO oversees various contracts in the US and therefore provides various reports based on contact performance.

The report starts with establishment of the GAO mission in this case as acting to support Congress in meeting its various constitutional responsibilities while observing the Federal Acquisition Regulations. This way, the mission acts as a ground of improving the GAO performance in acquisition and contractual agreements and ensures that the federal government is accountable for the welfare of all Americans (GAO-13-3SP, 2013). It aims at examining public funds use in purchasing goods and services. The report also evaluates federal policies as well as the provision of various assistances to help the Congress in good decision-making as required in contracts and agreements (McKendrick, 2005).

The Report asserts that in fulfilling the GAO’s Mission, resources are organized and managed in order to support its four broad strategic goals including addressing challenges, responding to changing security threats, enhancing global independence, and transforming the US federal government in its effort to address national challenges. These goals are part of its strategic focus in accordance with FAR (Federal Acquisition Regulation, 2005). In fulfilling the mission of GAO, the organization maintains a highly trained team of workforce in various disciplines. The fiscal year 2012 saw its headquarters in Washington D.C. accommodating 2,960 employees with the rest being deployed in eleven field offices in the US.

The GAO report shows many accomplishments in the 2012 fiscal year. At least 13 of the 15 organization’s performance targets were reached. Examples, in this case, include identification of $ 55.8 billion that benefited the federal government, the return of $105 in every US dollar spent, as well as 1,440 improvements in its programs. Implementation of recommendations by the federal agencies amounted to 80% with over 2/3 of the issued products gaining recommendations (GAO-13-3SP, 2013). Testimonies were not met 159 hearings were testified with a third or more being testified on fraud risky areas.

The report indicated various challenges, especially in management. Two challenges in this area were brought out including human capital challenges and challenges in improving engagement efficiency. Solutions these challenges included hiring staff to fill the gaps in various senior positions. The solution to engagement problems involved developing new system of performance appraisal and enhancing telework programs (GAO-13-3SP, 2013). After initiation development strategies, significant progress was realized on all areas including resource utilization.

Determination of the GAO progress and the achievements in meeting the Congress needs or the nation, quantitative measures were used to assess the organization’s performance. Targets for the GAO performance measures were established by examining the GAO’s past performances and its external factors influencing their work. Discussion with senior executives on what is likely to be established in the next fiscal year of 2013 whereby achievements could be made by adjusting the targets and adjusting the GAO’s level of funding (Michigan Contract Connect, 2013 ).

The report is adequate in providing all the information need about the performance contract and its application. It is often required that are transactions or acquisitions are subject to inspection (Atiyah, 1979). This is seen in the GAO report were the FAR regulations are followed accordingly by the GAO. In contract performance, hearing complaints from state agencies is required. The Federal Acquisition Regulation is there to ensure this aspect is practiced as well as governing payment procedures, modification of contracts, and issues concerning assignments (Barnett, 2003).

References

Atiyah, P. (1979). The Rise and Fall of Freedom of Contract. Clarendon : Clarendon Press           ISBN 0-19-825342-7.

Barnett, R. E. (2003). Contracts. Aspen : Aspen Publishers.

Cohen, N. and McKendrick, E. (2005). Comparative Remedies for Breach of Contract. New

York: Prentice Hall.

Dembling, P. (1987). Decision: Southern Industrial Laundry d/b/a Alabama Laundries and

Linen Supply. Retrieved on 30th Nov 2012, from: http://www.gao.gov/assets/420/413106.pdf

GAO-13-3SP. (2013, February 15). Summary of GAO’s Performance and Accountability   Report             Fiscal Year 2012. Retrieved February 28, 2013, from      http://www.gao.gov/products/GAO-13-3SP

Federal Acquisition Regulation. (2005). Federal Acquisition Regulation (FAR). VOLUME I ,       PARTS 1 TO 51.

King, C. (2012). New Federal Acquisition Regulations Regarding Contractor Business Ethics

Compliance Programs and Disclosure Requirements. Retrieved on 30th Nov 2012, from: http://www.arentfox.com/publications/index.cfm?fa=legalUpdateDisp&content_id=1856%20class=

McKendrick, E. (2005). Contract Law -Text, Cases and Materials . Oxford : Oxford         University Press ISBN 0-19-927480-0.

Meyer, L. (2010). Non-Performance and Remedies Under International Contract Law,

 Principles and Indian Contract Law. New York: Peter Lang.

Michigan Contract Connect. (2013 ). Contract Performance. Retrieved February 28, 2013,           from http://www.michigan.gov/micontractconnect/0,4541,7-225-48677-20048– ,00.html

Get Professional Assignment Help Cheaply

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

• Plagiarism free papers
• Timely delivery
• Any deadline
• Skilled, Experienced Native English Writers
• Subject-relevant academic writer
• Adherence to paper instructions
• Ability to tackle bulk assignments
• Reasonable prices
• 24/7 Customer Support
• Get superb grades consistently

Online Academic Help With Different Subjects

Literature

Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.

Finance

Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!

Psychology

While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.

Engineering

Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.

Nursing

In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.

Sociology

Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.

Business

We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!

Statistics

We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.

Law

Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

• When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
• We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

• The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
• We will have a different writer write the paper from scratch.
• Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment  Help Service Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!