Friday, January 31, 2020

Legal and Ethical Responsibilities Essay Example for Free

Legal and Ethical Responsibilities Essay This memo is in response to the company’s decrease in sales and profit because of the current state of the economy. The company will be executing more cost-effective measures because of this present situation. These new procedures will begin immediately with approval from the company owners. The first change will be a reduction in the monetary incentives for the sales department. To be successful in implementing this change a complete understanding of the sales process is mandatory. Consumer and salespeople feedback will be instrumental in gathering the data necessary to make a concise and informed decision on the best way to reduce the incentives for every party involved. The first step in the decision-making process is determining the facts of the situation at hand (Hartman DesJardins, 2011, p. 47). The facts are that the company is losing income because of the economy. Additionally known is the company profits are on the finished product that meets the need of the consumer. A written survey will ascertain what the specific needs and wants of the consumer toward a particular product are. Once the feedback is analyzed, the products most in demand by the consumer will continue with production, whereas the products in less demand will begin interruption until the sales or the demand from the consumer are in need. This step will aid in cutting costs for products with unnecessary production. As an example, there was a significant increase in sales the first few years, opposed to last year’s sales that decreased substantially for the products not in demand. By investigating and discovering products in demand will aid in painting a clearer picture, thus assisting in cutting production cost that will get the company back in line with increasing sales and profits. Additionally, investigating and discovering will keep the plan of reducing monetary incentives for the sales force until sales and profits are on the increase again. However, the plan is to once again start issuing monetary incentives to the sales force once the company starts again seeing an increase in sales and profits. For this plan to be successful it will be necessary to motivate the sales force with tools to set achievable goals relating to increasing company sales and profits. This also has a direct impact on the sales force pertaining to the company’s organization and management. Upper management as well as the owners of the company has to be on the same accord concerning aiding the sales department in reaching their goals by providing motivation and support to the sales department. A strong support system is imperative if the sales team along with the organization is to reach their primary objectives. This plan will also include evaluations on the progress of the sales department pertaining to reaching their goals. The second and final change will be implementing a month-long layoff for some of the production employees. Laying-off production workers for a month will cut production costs of producing products unnecessary for the economy. While keeping in mind that this layoff will also have an adverse result on producing products in demand. Instead of laying off production workers, the more cost-effective way would be to keep them at work to help meet the current demand for products. The workers still working with the organization will receive more overtime, and this is not cost-effective because the result is increasing payroll for employees. Although removing monetary incentives for the sales department and laying-off a portion of the production department is legal, it does nothing for morale. Ethically there will be some repercussions to implementing these changes. Some of the repercussions may include employees leaving the organization and a decline in sales means possible bankruptcy. Implementing a more amicable plan will have a more positive influence that will promote a higher morale and happiness. With a higher morale, this will more likely promote a boost in productivity.

Thursday, January 23, 2020

AA Meeting :: Free Essay Writer

12 Step Meeting   Ã‚  Ã‚  Ã‚  Ã‚  The meeting I attended took place in Bothell on a weeknight at 7:00 pm in the evening. The meeting was held in a local church and there were 17 people in attendance, excluding myself. Among the 17 people, there were 6 women and 11 men. The average attendee was approximately between the ages of 40-50, 4 people were under the age of 30, and two were somewhere around 60. Of the 17 people, 16 were white and one woman was of an Asian-American descent.   Ã‚  Ã‚  Ã‚  Ã‚  The focus of the meeting was Step #2 –humility. There were a few AA birthdays and in general the meeting consisted out of birthday-people reliving their stories and some talking about humility.   Ã‚  Ã‚  Ã‚  Ã‚  Prior to the meeting I was expecting to enter into a room filled with smoke and nervous, agitated people. My impression of AA and of alcoholics mostly came from movies and my own prior experience with population suffering from different psychiatric disorders. I was expecting a lot of smoking, coffee drinking, twitching and general nervous behaviors. To my surprise the meeting mostly was attended, by normal in appearance people, that I would never suspect of having any addiction problems. The people were not twitching (to my surprise), but instead were very calm, cool and collected. Many talked about God and holding AA as the higher power in their lives.   Ã‚  Ã‚  Ã‚  Ã‚  The meeting I attended best compares with the meetings I saw in the film 28 Days. While in rehabilitation center Gwen attends a series of inside the rehab meetings. As in the 28 Days meetings, the meeting I attended was held in a circle with people facing each other. There were no outbursts as in the movie, but there was an official â€Å"huger† who dispensed hugs as needed, be it a birthdays or a new attendee such as my self. Movie consisted of constant outbursts at therapy sessions, emotions of the film characters were all over the place, people were angry, happy or depressed. The people at the meeting I attended were mostly quiet and most seemed very depressed. I came away form the meeting, with enormous feeling of sadness, for all attending.   Ã‚  Ã‚  Ã‚  Ã‚  Many of the stories heard by me at the meeting coincided with different stories, from 28 days. Just like Gwen in the beginning of the movie crashed her car and was court ordered to go into rehab, many of the people at the meeting had similar fates.

Wednesday, January 15, 2020

Contract Performance Essay

The allegation that the bidder cannot perform contract involves bidder responsibility, affirmative determination of which is not reviewed by GAO except in cases of fraud of misapplication of definitive responsibility criteria set forth in solicitation. Since neither exception is applicable, protest is dismissed (1981. pp 1-2). Explicate the regulatory provision (FAR) pertaining to contract performance in general. Contract performance first lies the early stages of interpreting the contract. Marshall Engelbeck states â€Å"The cardinal rule of contract interpretation is to â€Å"carry out the original intent of the parties. This rule is founded in common law. † (Engelbeck, 2002, p. 339) The first step in understanding a contract is interpreting the contract by finding the â€Å"plain meaning of the words, if the words are clear and unambiguous. † (O’Connor, 2007, p. 119) to help with this Marshal Engelbeck lays out six presumptions upon which a contract is founded. These are used to help interpret the contract to ensure the objective intent is understood and that no ambiguity exists between the contracting parties. They are: (1) Performance feasibility: there is a presumption that it is possible to perform the work. 2) Competency: The seller has an obligation to perform the work satisfactorily. (3) Document soundness: The contract is the plain meaning between the buyer and the seller, and should be a complete and accurate expression of the original intent of both parties. (4) Cooperation: This presumption enforces the duty on both parties to cooperate. (5) Absence of mistake: In a contract, mistakes can occur that are classified as mutual or unilateral. The burden of resulting from a mistake can be substantial, and the parties must resolve the situation quickly. 6) Conscionability: misunderstandings, and optimistic analysis can create contract requirements that impose an obligation on the performing party to operate contract to its best interest, the cost of performance is not proportional to the benefits. (2002, pp. 328-329) Also both parties are subject to the â€Å"duty to inquire rule, this applies only to obvious errors, gross discrepancies, or inadvertent and glaring gaps. This is not to focus on intent but whether either party, failing to divulge mistakes, stands to profit from the failure. † (Engelbeck, 2002, p. 339) The question stated in plain words: What does the contract say? To understand this possible additional layer in the contract, we need to use the secondary rules of contract interpretation. They are as follows: â€Å"Requirement 1: For words to be ambiguous, there must be two reasonable interpretations of the words† O’Connor (2007, p. 123), which means â€Å"the party must read the contract as a whole, words and meanings should remain consistent. † Engelbeck (2002, p. 340) â€Å"Requirement 2: The ambiguity must be hidden (patent)† (O’Connor, 2007, p. 123) which Engelbeck states as where â€Å"express language rule prevails; this rule assumes that the professionals understand the language of their own specialties. (Engelbeck, 2002, p. 340) â€Å"Requirement 3: The contractor did not know that the government had different interpretation. If a bidder knows its interpretation is in conflict with government’s at the solicitation stage, the bidder is must resolve it. † (O’Connor, 2007, p. 125) this is reinforced by Engelbeck (2002, p. 341) â€Å"knowledge of the other party’s interpretation: Entering into a contract knowing the other party’s interpretation was objectionable means that other party’s interpretation is the one that is binding. If the parties still have not resolved the inconsistencies of the contract the FAR has established and Order of Precedence to help mitigate any ambiguity that may arise from the objective intent of a contract: FAR 52. 215-8, Order of Precedence – Uniform Contract Format (October 1997), â€Å"Any inconsistency in the solicitation of contract shall be resolved by giving precedence in the following order: (a) The schedule (excluding the specifications). b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications. † (O’Connor, 2007, p. 127) The Post-Award Conference is should be established by the Contracting Officer or to help â€Å"establish the communication protocol, and define the focal points for specific tasks and to ensure the contractor has a complete understanding of the scope, technical requirements, and obligations under the contract. The orientation should be held as soon after the award of the contract. † Engelbeck (2002, pp. 336-337) Engelbeck further states this is not the time to rewrite the requirements or the contract. Based off my experience as a procurement manger this is the time where possible concerns are raised by the contractor, and the task orders are issued by the contracting officer to clarify the contract, and at times modifications are issued to the contract to reflect the elucidation of the objective of the client. Explicate the regulatory provisions (FAR) that apply to the particular contract performance issue of the report chosen. The regulatory provisions that apply to this contract based off Lancer Clothing Corporation’s protest would be the following presumptions as identified by Engelbeck (1) performance feasibility, would go the argument that Lancer Clothing Corporation protests on the this issue as â€Å"the procurement objective would not be fulfilled and the significant financial lost on the part of the client could occur. (Engelbeck, 2002, p. 329) (2) competency, this would apply as the company pointed out that â€Å"bidder does not have a commitment for the lining material, from a reputable suppler and thus lacks sufficient production capacity† Van Cleve (1981, p. 1) to deliver the full product line. Explicate whether the report gives adequate information to form an opinion about the recommendations.

Monday, January 6, 2020

Understanding The Communication Patterns, And Development...

On Friday September 23rd, 2016, I volunteered at East Lincoln Elementary School in Tullahoma, Tennessee. During that time, I assisted with office communication, cut math flashcards for tutorials, and organized the donations for the clothes closet for indigent students. In this paper, I will analyze the communication patterns, organizational patterns, and development of East Lincoln Elementary School. Communication Direction While volunteering at East Lincoln, I was able to observe the employees, their relationship with their coworkers, and with their bosses. When I was in the front office working with the office ladies, I noticed they displayed a great amount of horizontal communication. They enhanced their productivity by sharing information. It was clear to see that the ladies were all friends and got along well with each other. This helped their efficiency as well as making the day more enjoyable. Organizational Culture East Lincoln is the highest poverty-ridden elementary school in the area of Tullahoma, Tennessee. The teachers and staff at East Lincoln have caring hearts and are willing to go above the status quo in order to fulfill their students’ needs. On the East Lincoln Elementary School website, their Mission Statement is, â€Å"We are dedicated to providing a quality education in safe, welcoming environment that fosters creative and critical thinking in order to produce independent and productive citizens† (East Lincoln Elementary School). This Mission StatementShow MoreRelatedThe Arab American And Socioeconomic Success3138 Words   |  13 Pagesas an Arab-American in the United States has taught me to be more aware of the numerous diverse cultures that collectively make up this country. The foundation of communication between these cultures is simply cultural awareness. 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