Kingdomware Technologies & The Department of Veterans Affairs
M.Parks
BUS 501
June 10
Kingdomware Technologies & the Department of Veterans Affairs
Within the GAO there are many examples of reports that deal with contract disputes between private contractors and the government. These disputes often arise from one of the parties failing to comply with the aspects of the contract or in some cases the contractors may feel the government violated particular laws that may have not given them a far chance to bid on the contract. After carefully reviewing several different reports there are those that have some aspects of contract dispute but there is one that stands out to me because the contractor clearly feels they were not
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A “set-aside for small business” is the reserving of an acquisition exclusively for participation by small business concerns. A small business set-aside may be open to all small businesses. A small business set-aside of a single acquisition or a class of acquisitions may be total or partial (FAR.2012). Under this aspect of the FAR the contractor can show he was entitled to the set aside status and show that the contract was not awarded to a company that has the same status.
The VA responded to the claim made by the contractor about the use of small businesses being given set aside status. VA Act provides that a contracting officer of [the VA] shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States (GAO.2012) As long as the government can prove that there were others who had the same special considerations in competition for the contract they can prove they were in compliance with the FAR.
Another aspect of the FAR that is mentioned by the contractor is the factor that there was no solicitation number
One of the most serious problems facing all veterans today is the lack of proper healthcare. Soldiers, sailors and airmen are leaving active duty without having proper healthcare to cover their physical or mental injuries. The department responsible for veteran’s healthcare is the Department of Veterans Affairs. (VA) According to The department of Veterans Affairs website, “The United States Department of Veterans Affairs (VA) is a government-run military veteran benefit system with Cabinet-level status. It is responsible for administering programs of veterans’ benefits for veterans, their families, and survivors. The benefits provided include disability compensation, pension, education, home loans, life insurance, vocational rehabilitation, survivors’ benefits, medical benefits and burial benefits. It is administered by the United States Secretary of Veterans Affairs.” The VA, who was formerly called the Veterans Administration, was established 21 July 1930, to consolidate and coordinate government activities affecting war veterans. The VA encompassed the functions of the former U.S. Veterans ' Bureau, the Bureau of Pensions of the Interior Department and the National Home for Disabled Volunteer Soldiers. On 25 October 1988, President Ronald Reagan signed legislation creating a new federal Cabinet-level Department of Veterans Affairs to replace the Veterans Administration effective 15 March 1989 (V.A.)
The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in
This report is the result of the contributions of several team members, who conducted site visits, processed and analyzed data, managed team activities, and enabled the Grant Thornton team to execute a rigorous study over a short period of time. The team was led by Grant Thornton, with integral support from team member FTI Consulting, and three independent contractors.
The Department of Veterans Affairs is a government run program to assist the U.S. Veterans who are disabled soldiers. It began when the Pilgrims passed a law that required disabled soldiers to receive benefits from the colony, as early as 1636 (U.S. Dept. of VA, 2014). By 1776, the Continental Congress provided pensions to disabled soldiers during the Revolutionary War. Later, the Veterans assistance program expanded to include benefits and pensions not only for Veterans, but also for their widows and dependents. Finally, the Veterans Health Administration (VHA) was established in 1865, to form the National Home for Disabled Volunteer Soldiers, an institution created specifically for the honorably discharged volunteer soldiers, of which the first national home opened in 1866 located in Augusta, Maine (U.S. Dept. of VA, 2014). Today, VHA has expanded the VA health care system, which comprises 150 hospitals, 820 Community-Based Outpatient Clinics (CBOC), 300 Vet Centers, 131 National Cemeteries, 56 Veterans Benefits Administration Regional Offices (NCVAS, 2014). The VA health care system also includes 126 nursing home care units and 35 domiciliaries (U.S Dept. of VA, 2014). Nonetheless, the U.S. Department of Veterans Affairs mission statement is, “To fulfill President Lincoln’s promise ‘To care for him who shall have borne the battle, and for his widow, and his orphan’ by serving and honoring the men and women who are America’s veterans” (U.S. Dept. of VA,
On September 11, the Nebraska Union will open up the new Military and Veteran Success center.
Law 95-563, by which only contractors, not subcontractors, may pursue claims against the government, and the term “contractor” is clearly defined as “a party to a Government contract other that the Government.” 41 U.S. C. §601 (4). To make the even clearer, the FAR prohibits a government contracting officer from consenting to a subcontract that obligates the contracting officer to deal directly with a subcontractor or that makes the results of arbitration, judicial determination or voluntary settlement between the prime contractor ad subcontractor binding on the government. FAR 44.203 (b). Lack of privities and the resulting barrier to direct claims does not, however, mean that no way whatsoever exists for a subcontractor’s claim to be heard. The regulations permit and the astute government contractor will ensure that its subcontract with the federal prime contractor will provide for “sponsorship of a subcontractor’s claim. Sponsorship is the practice whereby the prime contractor nominally prosecutes what in fact is the subcontractor’s claim against the government. The appeal of the claim is brought in the name of prime contractor even though the subcontractor is the real party in interest. FAR 44.203 (c) (Government Contract Law, pp. 419-420). Performance and payment bonds are an available tool to be mandated by the government for the protection of itself and of subcontractors.
The Department of Veterans Affairs (VA) FY 2014-2020 Strategic Plan, outlined the strategic goal to “Manage and improve VA operations to deliver seamless and integrated support” and established the objective to “Enhance Productivity and Improve the Efficiency of the Provision of Veterans Benefits and Services.” The MyVA Plan outlines the need to “Modernize VA’s culture, processes, and capabilities that put the needs, expectations and interests of Veterans and their families first.” To this end, the Veterans Benefits Administration must view operations through this lens and determine how to achieve this noble vision.
Veterans’ assistance can be traced far back into history. The first type of assistance recorded was back in 1636 when the Pilgrims were at war with the Pequot Indians. During this time the Pilgrims passed a law providing money to those who had been disabled during the colony’s defense against Indians. Soon after this many other colonies decided to
The owner hired some consultants prior to calling for tendering, and the consultant’s estimations for the cost of the project including enough profit was not far from the “mistaken” figure of the complainant.
When businesses procure federal contracts, HUBzone businesses are eligible for the follow procurement preferences: HUBZone set asides, Sole source contracts, and 10% bid price evaluation. Set asides are federal contracts only open to bid by HUBzone certified contractors. If it is unlikely that two or more contractors will submit a bid, a sole source contract may be awarded. Sole source contracts may not exceed 3.5 million dollars. In open bid situations, a 10% bid evaluation may apply. A HUBzone certified contractor could be selected when their bid is within 10% of the lowest qualified bid.
Procurement is the process of selecting suppliers and signing contracts for the purchase of goods and services. While simple in definition, quite the opposite is true when it comes to execution. When speaking about public and private sectors, they are two entirely different entities. They have different work principles, different functions and responsibilities in the economy, and different limitations to do work. In the case of government acquisition, the leading and primary objective is for public good, not profit. For a private venture, it is profit for the shareholders. A private company has to have profit as the first priority when awarding procurement contracts. Due to this obvious dichotomy, contractors generally either service
While Congress pressed the Federal Emergency Management Agency to re-open no-bid reconstruction contracts given during the first days after hurricane Katrina hit, such scrutiny has not been taken for reconstruction in Iraq even after a joint Senate-House report was released in June documenting an extra $1.4 billion in "questionable" and "unsupported" expenditures by Halliburton's KBR subsidiary operating in
The complainant---Corel Corporation’s position is that, “the government procurement and practices were built upon the principles of fairness, openness and transparency and the obligation to provide equal opportunities to all firms and individuals competing for government work. ” (Canadian International Trade Tribunal, 1998) According to the CITT file PR-98-012 and PR-98-014; from May-15-1998 to July-6-1998, Corel submitted five lists of questions and one extension on the bid closing date relating to the RFP. Within only less than two months time, with all the questions that had to ask and all the information that was missing without an extension, Corel claim that they “had not received all the information necessary to formulate a responsive bid. “ (Canadian International Trade Tribunal, 1998) The first complaint from Corel is that the RFP in this case failed to meet these standards and Corel specifically two main concerns: the structure of the RFP and Corel’s unsuccessful attempt to get information. (Canadian International Trade Tribunal, 1998) The second complaint from Corel is that after the first complaint, the department still did not provide sufficient information relate to the RFP and even refused to give extension for the closing date to allow Corel and other company to have sufficient time to get more information and prepare a bid (Canadian International Trade Tribunal, 1998). Corel was generally seeking more necessary information about the
The process of procurement is highly regulated and has its own set of guidelines referred as to the Federal Acquisition Regulation or FAR. FAR refers to the process of purchasing products or services in a government contract. The rules are designed to ensure fair and standard treatment with impartiality to parties submitting a contract for federal acquisition (Acquisition.gov, 2008). Regardless of the size of the business, the number of previous successful bids accepted, or the experience of the contractor. However, it is important to understand the provisions involved in FAR to avoid costly mistakes.
Every contract created produces a margin of risk and a platform for success. Depending on how one manages the risk assumed, one may either excel and shine in the glory of success or drown and disappear in the raging waters of error. Nevertheless, to become great one must take that step of faith into the flailing wind. As said by Leo F. Buscalglia, “The person who risks nothing – does nothing, has nothing, is nothing, and becomes nothing. He may avoid suffering and sorrow, but he simply cannot learn… and grow… and live.” (Buscalglia, 2009) The contractor who is bound to the owner must understand the risk