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Note: The companies mentioned herein are merely hypothetical organizations 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.

 

In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss.

 

Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors.

 

The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below:

 

• An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act.
• A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product’s use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act.

 

For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand.

 

1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).

 

 

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Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention.

 

1. John posted a rant on his Facebook page in which he criticized the company’s most important customer.
2. Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch”
3. Bill has been using his company-issued BlackBerry to run his own business on the side
4. After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.
5. One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss.
6. Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission.

 

As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy.

 

In preparation for this assignment, use the Internet to research your state’s employment-at-will policy.

 

Write a four to six (4-6) page paper in which you:

1. Summarize the employment-at-will doctrine discussed in the text and then evaluate three (3) of the six (6) scenarios described by determining:

1. Whether you can legally fire the employee; include an assessment of any

 

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You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation.

 

CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for general use. To circumvent this technicality, CompCARE encouraged doctors to fax lists of fictitious patient names to CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths.

 

As CompCARE and its new parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started surfacing that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paying huge bonuses to all the executives and managers, including John, whose wife recently died from a heart attack after using AD23.

 

John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness “roll the dice” and continue to market the drug.

 

Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners.

 

In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years.

 

Write an eight to ten (8-10) pages paper in which you:

1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.
2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response.

 

 

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LEG 505 Week 1 Discussions

 

 

 

Week 1 DQ 1: Federal Acquisition Regulation (FAR)” 

Please respond to the following:

Explain how each of the following legislative enactments is a foundation for government contract law and the federal acquisition process. Then discuss how knowledge of one of the Acts can help a manager make better decisions.

Armed Services Procurement Act of 1947 (ASPA), codified at 10 U.S.C. §§ 2301-2314

Federal Property and Administrative Services Act of 1949 (FPASA), codified in U.S.C. §§ 251-260

Competition in Contracting Act (CICA), codified in 41 U.S.C. 253

Discuss the key factors in each Act that demonstrates that the Acts are foundational components of government contract law and the federal acquisition process. Provide an example or scenario of each to support your response.

Week 1 DQ 2: “The Role of the Contracting Officer”

Please respond to the following:

Take a position as to whether or not the role of a contracting officer, with the federal government, can be compared to a principal-agent relationship. Support your position.

Argue whether or not a government contracting officer should be held to the standards articulated by the Sarbanes–Oxley Act of 2002 (Pub.L. 107-204, 116 Stat. 745, enacted July 30, 2002). Support your position. As a manager, determine the best way to communicate the SOX Act adherence to a government contractor you would work with.

 

 

LEG 505 – Week 2 Discussions

 

 

Week 2 DQ 1: “Eliminating Wasteful Spending”

Please respond to the following:

Assess the importance of each of the following factors in the effort to minimize wasteful spending in government contracting. Then select one and determine what managerial and / or organizational factor(s) would impede successful adoption of the change in operation and how you would mitigate it.

Organizational leadership

Policies and processes

Human capital

Information management

From Part 1 of this discussion, select which of these factors is the most important, and which is the least important. Provide a rationale for your selection. Compare and contrast the two factors you selected with regard to the effort to minimize wasteful spending in government contracting.

 

 

Week 2 DQ 2: “The Discretionary Function” 

Please respond to the following:

Explain the discretionary function of a contracting officer and justify the associated immunity. Take a position on whether this concept should still be valued given the current government spending that has occurred in recent years. Support your position. Analyze how government spending practices directly or indirectly affect the concept of discretionary function. Support your analysis.

 

 

LEG 505 Week 3 Discussions 

 

 

Week 3 DQ 1: “Electronic Commerce” 

Please respond to the following:

As electronic commerce has grown, the inevitable fallout from failed transactions and business relationships has resulted in a developing body of case law. Assess the practicality of using electronic commerce by federal agencies. Then identify a barrier that exists at within federal agencies that is not presented in free enterprise and discuss how this difference affects management. Support your answer.

Speculate on whether the government should be wary in relying on electronic commerce. Explain why or why not. Then present an argument that address how the concerns of e-commerce are paired against those of a corporation.

 

Week 3 DQ 2: “Whistleblower Protections” 

Please respond to the following:

Analyze the degree and form of protection a “whistleblower” can expect to receive after disclosing information to a member of Congress or an authorized official of an agency. Note: This refers to a situation where a substantial violation of law relating to contracts (including competition for negotiation of a contract) is suspected. Consider yourself to be the whistleblower and explain the factors you would weigh in your decision to take action.

Take a position on whether the concerns about whistleblower protections is a factor that inhibits one’s decision to come forward about a substantial violation of law relating to contracts (including competition for negotiation of a contract). Suggest at least one alternative that could alleviate such concerns.

 

 

LEG 505 Week 4 – Discussions

 

 

 

Week 4 DQ 1: “Competitive Bidding and Long-Term Cost Savings”  

Please respond to the following:

Take a position on whether competitive bidding provides long-term cost savings when Medicare patients are being limited to the use of the lowest bidders for durable medical equipment. Support your position.

Elaborate on whether or not competitive bidding will remain a viable alternative when the Patient Protection and Affordable Care Act is fully implemented in 2014. Support your position. Discuss defining factors regarding the competitive bidding process and its survival or failure in the healthcare arena if Universal Health Care is implemented in 2014.

 

 Week 4 DQ 2: “The Two-Step Process for Contract Interpretation”  

Please respond to the following:

Analyze the benefit and the effectiveness of the two-step process for contract interpretation.  Provide an example to support your analysis. Then, recommend another step to the process and discuss how this additional process improves the interpretation process.

Analyze how the two-step process for contract interpretation enhances the government contracting process. Provide an example to support your analysis. Then, recommend another step to the process and discuss how this additional process improves the government contracting process.

 

 

LEG 505 Week 5 Discussions

 

 

 

Week 5 DQ 1

Week 5 DQ 1: “Outsourcing and In-House Operations” 

Please respond to the following:

Discuss what you would consider to be an inherently governmental function in the context of government contracting. Explain why there would be a preference as to outsourcing and in-house operations in the areas of materials acquisition planning, resource allocation planning, and materials flow control.

Outsourcing and in-house operations are interactive elements of materials acquisition planning, resource allocation planning, and materials flow control. Argue whether or not inherently government functions should be outsourced. Support your argument with example(s). Then, offer an alternative based on your position.

 

Week 5 DQ 2: “Market Research” 

Please respond to the following:

Take a position on whether a government agency should be allowed extensive leeway in determining the methodology used to develop a market research plan in the acquisition and distribution of supplies and services. Provide a specific example of government spending that would support your position.

Analyze the importance and explain the value of a market research plan in the acquisition and distribution of supplies and services. Support your position with examples. Explain which aspect of the market research plan is likely to be the most valuable for those seeking to acquire a company.

 

 

LEG 505 Week 6 Discussion

 

 

 

Week 6 DQ 1: “Cost-Reimbursement Contracts” 

Please respond to the following:

Under FAR Subpart 16.3, Cost Reimbursement Contracts are defined as a type of contract that permits payment of allowable incurred costs, to the extent prescribed in the contract. From the e-Activity, defend or refute the reasonableness in the use of this type of contract by government agencies. Based on your position, recommend a revision that would make use of the contract more reasonable.

Take a position on whether cost reimbursement contracts are necessary in government contracting to the extent they provide a means not available in other contract forms. Discuss under what circumstances you would consider the use of cost reimbursement contracts. Include an example to support your position.

 

Week 6 DQ 2: “Letter Contracts” 

Please respond to the following:

Give your opinion on whether or not letter contracts should be considered valid in government contracting. Support your position.

Assess what types of contracts are acceptable in government contracting. Compare and contrast the various types and provide three examples that demonstrate their necessity and use.

LEG 505 Week 7 Discussions

 

 

Week 7 DQ 1: “Price Analysis versus Cost Analysis”  

Please respond to the following:

Compare and contrast price analysis versus cost analysis, explain how they differ, and describe when it is appropriate to use price analysis versus cost analysis. Select one of the two methods and determine under what condition(s) it would not be appropriate for use. If you believe that the methods apply to any circumstance, justify your response.

Explain the importance of these two types of analysis in the context of government contracts. Provide an example of how each is clearly used.

 

Week 7 DQ 2: “Award Fee Contracts” 

Please respond to the following:

From the e-Activity, discuss whether or not the agencies mentioned took any actions that reflected the suggestions provided by the Office of Management and Budget. If you think actions were taken, state what actions were taken and explain why those actions were taken. If you think no actions were taken, analyze why no action was taken and whether action should have been taken under the circumstances. Justify your response.

Discuss whether contractors provide better work with an award fee. Include in your discussion on whether or not they are incentivized by the better profit potential of an award-fee contract. Support your position with an example.

 

 

 

 

 

 LEG 505 Week 8 Discussions

 

 

Week 8 DQ 1: “Excusable Delays” 

Please respond to the following:

Identify the remedies of excusable delay. Analyze which remedies are appropriate and effective and which remedies are not. Justify your analysis. Then, select an ineffective remedy and make a recommendation to mitigate the associated issue(s).

From the first e-Activity, give your opinion as to whether any of the four transportation construction projects in the table would be able to legitimately rely on “excusable delay.” Explain the key reason why reliance on excusable delay in these cases would or should be considered legitimate.

Week 8 DQ 2: “Deepwater Program”

Please respond to the following:

Analyze whether the Coast Guard’s management and execution of the program was a cause or a symptom of the cost overruns and resulting delays of the Deepwater program. Support your position.

Identify and discuss the key factors that contributed to the cost overruns in the situation in Part 1 of this discussion. Suggest the strategies you would employ to avoid such cost overruns. Support your suggestion.

 

LEG 505 Week 9 Discussions

 

 

Week 9 DQ 1: “Contract Modifications” 

Please respond to the following:

Give your opinion as to whether the procedures in government contracting provide a foolproof method of ensuring that all parties receive adequate notice of changes to a contract. Explain whether the contract modification methods available are effective in providing notice to all parties of a contract change.

Suggest alternative procedures that would be necessary and effective in providing notice of a contract change to all parties. Provide a rationale to support your suggestion.

 

Week 9 DQ 2: “Bilateral versus Unilateral Changes” 

Please respond to the following:

Imagine you are administering a construction contract. The contracting officer informs you that there is a conflict over the interpretation of one of the architectural drawings / elements as displayed in the contract drawings. The contracting officer relates that no further work can be performed on the contract until the dispute is resolved. As the contract administrator, determine which modification type (bilateral or unilateral) should be used to suspend work until the dispute is resolved and explain why.

Compare and contrast bilateral modification and unilateral modification. Provide an example or scenario of each that clearly demonstrates how each modification type is used.

 

LEG 505 Week 10 Discussions

 

Week 10 DQ 1: “Protests, Disputes, and Appeals” 

Please respond to the following:

From the first e-Activity, outline the requirements for the Court of Federal Claims to hear a complaint. Analyze why each element of the requirements is an independently critical component of a successful claim.

Evaluate the requirements for the Court of Federal Claims to hear a complaint and give your opinion on which requirements are justified, which are not, and which additional requirements would be advisable. Explain what, in your opinion, makes these requirements justifiable or not justifiable.

 

Week 10 DQ 2: “Contract Termination Liability Risk” 

Please respond to the following:

Evaluate the recommendations the GAO makes to reinforce consistency in contract termination practices in terms of the recommendations’ effectiveness. Determine which recommendations will work best if properly implemented. Support your response.

Propose at least one alternative recommendation to reinforce consistency in contract termination practices. Provide a rationale for your recommendation.

 

LEG 505 Week 11 Discussions

DQ 1: “Looking Back”.

Please respond to the following:

Considering everything you have learned in this course, discuss the single most surprising or interesting lesson learned. Explain what made it so. Summarize everything you have learned in this course in 140 characters or less (something you could post on Twitter).

 

DQ 2: “Looking Ahead”.

Please respond to the following:

Identify the most important lesson learned and discuss how you will apply that lesson to your current (or future) legal career. Provide specific examples to support your response. Reflect on what you have learned in this class and discuss how someone not involved in contract law could leverage the lessons learned in this class. Provide specific examples to support your response.

 

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Due Week 4 and worth 150 points

Note:The assignments are a series of papers that build upon one another.

Imagine your agency is ready to solicit bids for a new project. You are tasked with drafting a Request for Proposal (RFP) that will appeal to the new contracting firm you outlined in Assignment 1.Note:You may create and / or assume all necessary assumptions needed for the completion of this assignment. You must review the following law before you draft the RFP:

• Federal Acquisition Regulation (FAR) § 15.303 (source selection);
• FAR §§ 15.203, 15.204, 15.205, 15.206, 15.209, and 15.304 (preparing and issuing requests for proposals and amendments thereto);
• FAR §§ 15.207 and 15.208 (submitting, receiving, handling, modifying, and revising proposals).

Write a five to seven (5-7) page RFP Sections paper in which you:

1. Apply the appropriate FAR clauses to meet compliance in contract formulation and award.
2. Incorporate your knowledge of Government Accountability Office reports / decisions to identify FAR compliance issues and contributing factors.
3. Include ethical guidelines that minimize the risks and consequences of unethical contracting practices and ensure compliance with federal guidelines on fraud, fair contracting, and contract-related public policies.
4. Suggest planned actions in soliciting and awarding contracts and ensuring that the government agency is in compliance with the FAR requirements.

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:

• Identify and apply the appropriate Federal Acquisition Regulation (FAR) clauses to meet compliance in contract formulation and award.
• Analyze Government Accountability Office reports / decisions to identify FAR compliance issues and contributing factors.
• Analyze the planned actions in soliciting and awarding contracts and make recommendations to ensure the government agency is in compliance with the FAR requirements.
• Develop effective ethical guidelines that minimize the risks and consequences of unethical contracting practices and ensure compliance with federal guidelines on fraud, fair contracting, and contract-related public policies.
• Use technology and information resources to research issues in government contract law.
• Write clearly and concisely about government contract law using proper writing mechanics.

 

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Due Week 8 and worth 150 points

Note: The assignments are a series of papers that build upon one another.

Refer the following resources to complete this assignment:

• ·  FAR § 43.2—Change Orders

(https://www.acquisition.gov/far/current/html/Subpart%2043_2.html)

• ·  FAR § 33.2—Disputes and Appeals

(https://www.acquisition.gov/far/html/Subpart%2033_2.html)

Good news! You have been awarded the contract, but there has already been a change made to the contract that needs to be addressed. Note: You create the change based on the scenario you have developed. Additionally, the change has resulted in a dispute.

Write a three to four (3-4) page paper in which you:

1. Select the appropriate administrative process to effect the change and explain your selection in the context of its appropriateness for the situation.
2. Select the administrative and judicial process that will bring the dispute to a resolution and allow the contract to go forward.
3. Analyze the planned actions in soliciting and awarding contracts and make recommendations to ensure the government agency in question is in compliance with the FAR requirements.
4. Identify common compliance issues and develop recommendations to manage them throughout financing, administration, and closeout of contracts.
5. Use at least three (3) quality resources in this assignment. Note: Wikipedia and other 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.

 

 

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MAT 300 Week 1 DQ: Statistics Everywhere

MAT 300 Week 2 DQ: Graphical Representations of Data

MAT 300 Week 2 DQ

MAT 300 Week 3 DQ

MAT 300 Week 4 DQ: Playing Games with Probability

MAT 300 Week 5 DQ: Real-Life Applications of Binomial Distribution

MAT 300 Week 6 DQ

MAT 300 Week 7 DQ: Confidence Intervals

MAT 300 Week 8 DQ: Confidence Interval

MAT 300 Week 9 DQ: Hypothesis Test

MAT 300 Week 10 DQ

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Select one (1) global industry, such as the automobile or cell phone industry. Next, use the Internet to research three (3) major international competitors within the chosen industry. Take note of manner in which the popular international business press (e.g., newspapers, magazines, e-zines, press releases, etc.) depicts the selected companies.

Write a four to five (4-5) page paper in which you:

1. Compare and contrast the three (3) models of culture. Next, select one (1) of the researched international competitors, and ascertain the model of culture that is most appropriate for the selected international competitor. Provide a rationale for your response.
2. Recommend the type of economic system that best relates to each of the researched international competitors. Predict three (3) potential effects of such an economic system on the societies in which the system is involved. Provide a rationale for your response.
3. Speculate on the major reasons why certain countries have lagged behind other countries in economic development. Recommend three (3) generic actions that the three (3) researched major competitors could take in order to encourage economic progress within these countries. Provide a rationale for your response.

 

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