Federal Contracting Activities and Contract Types Assignment - 1

Federal Contracting Activities and Contract Types - Assignment Example This centre has twenty five functional operatories, fourteen operational digital x-ray units, a training and technology centre, and specialty displays. The centre provides dentists with an opportunity to test the equipment before purchase. The company has employed around four hundred sales agents across the country, who serve their over thirty thousand customers. In addition, the company employs two hundred and sixty five factory-trained technicians to ensure that the best services are offered to the customers. The corporation has been selected seven times as one of the most excellent companies to work in PA program. The company, which is family owned, is currently managed by this family’s third generation. The company was recently awarded a federal contract worth 31,346,173 (Dentistry, 2012). The contract was awarded by the Philadelphia defense logistics agency troop support. The company is expected to supply the US army, air force, navy, and Marine Corps in Philadelphia with general dental supplies. These supplies include dental products, dental consulting, services, and equipments that the defense forces require in their hospitals, camps, and missions out of the country. These supplies were expected to assist the defense logistics agency to provide the best value service/products to its employees. By awarding this contract to Benco Dental, the Philadelphia defense department had an assurance that the company would deliver. Since the company is a major distribution of dental supplies, it had the capability and the means to supply the defense forces with all the required supplies. The company was awarded a firm fixed price type of contract by the defense department. This particular type of contract was preferred, because the government had limited budget that it allocated to contractors for a specific period of time. The federal

Secure Software Development Research Paper Example | Topics and Well Written Essays - 6250 words

Secure Software Development - Research Paper Example This research is aimed to assess and analyze some of major areas and aspects regarding â€Å"Secure Software Development†. This research will present some of major reasons for the security based issues in software development process. Here I will also present some of major initiatives that we can formulate to develop software application in a much better way. Computer software applications are more and more experiencing both external and internal penetrations. One key idea intended for this is the reality that software applications are yet through development faults that yet make them to be susceptible. This has taken problems regarding security into intelligent focus for the reason those businesses, comprising administrations, reliant mostly on software application for their every day processes. The situation becomes more insightful in situations where software applications are employed intended for dangerous missions. For this reason most of the building security applications are gaining more and more concentration these days. In this scenario, most of companies all through the world in field of security are paying attention to improve and enhance the security of overall technology based systems. As well, because clients (companies) have practiced unlucky security breaches, there is augmented awareness as well as disturbance intended f or Secure Software Development. Though, in building security applications, many have to be done. Safety methods have to be applied in the entire the software development stages of software engineering model. In this scenario, Devanbu and Stubblebine (2000) outlined that safety concerns have to inform each stage of system development, from system development requirements elicitation to design, execution, testing as well as application deployment. This is essential for the reason that system developer might naively insert defects in the entire phases of the software development procedure. Devanbu, P.

Pans Labrynth Newspaper Article Essay Example for Free

Pans Labrynth Newspaper Article Essay Yesterday night, police took in 13 suspects who could have been related to the brutal murder of a child. A young female, roughly aged 8 10 years was found murdered outside the famous Labyrinth, El laberinto del fauno. Police have asked around the local area of Bilbao, but have asked the townspeople to come forward, as they might hold the vital information of this case. Policà ¯Ã‚ ¿Ã‚ ½a Juan Marà ¯Ã‚ ¿Ã‚ ½gon states that We want to finish this case within 4 6 weeks, we need the key to solving this murder, but someone out there holds it, not us. Police have told the public, with help from the forensics, they have found fingerprints of the future suspects. The 13 men who are kept in for indepent interviews Have released information about who they are and that they are part of the Spanish Maquis guerrillas. The man and his sister have also revealed a quote from behalf of both of them; We knew the girl, she was very close to us both. Once alone, the woman said The girl was like my own daughter. I used to look after her as my own. I hope the police find out who done such a thing. Later on, Detective Felipà ¯Ã‚ ¿Ã‚ ½ Romerez revealed the names of the woman and her brother. The woman, Mercedes Julientos, and her brother, Frederico Julientos are both suspects themselves. Whilst on the crime scene, forensics had discovered another body, one of a man, who is seemed to be aged 40 or over. During each interview, Mercedes and Frederico have both denied seeing a man at the time of the killing. At the time of the police arriving, Mercedes was holding a very young baby, who forensics say, after eximaning the body of the male, could be related to the male. The 13 suspects, along with Mercedes Julientos, and her brother, Frederico Julientos are all going under for custody of the police. They all will later be taken to court to be proven innocent or guilty. A later date wil be published for the court hearing. If more than 8 of the suspects are found guilty, each could be facing a minimum of 7 years in jail. Other suspects that have been interviewed and released on bail are many who were at the crime scene. 2 of the 13 main suspects have tried to escape, but the cheif of the Spanish police caught both red handed. They have been told that their stunt could effect their hearing and their trial. Police and forensics have partially identified the body as Ophelia Llimero, aged 8. The brother of Ophelia Llimero, is now left orphan, but will be staying with Mercedes Julientos for the time being. Sailinda Hugamos, the neighbour of Videl Llimero, said Ophelia and I were so close. She used to come to my house everyday to eat my homemade famous Salsa. My husband and I will be extremely devestated. The area around the great big fig tree in El laberinto del fauno will be closed off until forensics have fully analysed the whole area, and until further notice. All of the area has been closed off to local people and tourists. Dates for the hearings for the 13 suspects, excluding Mercedes Julientos, and her brother, Frederico Julientos are yet to be decided.

How To Answer A Question On Misrepresentation

How To Answer A Question On Misrepresentation A contract may be define as a legally binding agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire. It can be said that contracts are the essential to commercial life. In Malaysia, the law of contract is regulated by the Contracts Act 1950. On the 6th of Dec 2012, Ted saw an expensive Rolex watch on display in one of the shops in GS Megamall, took it and while walking to the cashier counter, saw another watch (Seiko) and was taken by it. He immediately returned the Rolex watch in favor the new one. The manager of the shop, who was watching Ted, was not satisfied with Ted’s action and told Ted he has to pay for the Rolex watch as he had picked up the Rolex watch. Related case that can be referred is Pharmaceutical Society of Great Britain v Boots Cash chemist Ltd [1953]. The law requires that the sale of certain pharmaceuticals must be carried out under the supervision of a qualified pharmacist. Boots operated a store where the drugs were displayed on a self-service basis and the customers paid at a cash desk for the goods they have selected. A pharmacist was present at the cash desk but not at the shelves where the goods were displayed with a price tag. The Pharmaceutical society claimed that the law was contravened. The court held that the display of goods in the store was not an offer but an invitation to treat. It was the customer who made the offer and Boots could either accept or reject this offer at the cash desk (in the presence of the qualified pharmacist). The act of constituting the acceptance is the ringing up of the price on the till by the cashier and at that moment a binding contract of sale is made. In the case of goods on display in a shop or supermarket, the law has decided that it is the customer who makes the offer by taking the goods and placing them on the shopkeeper’s or cashier’s counter, and the shopkeeper or cashier accepts the offer by accepting the customer’s money. But Ted’s offer is not yet accepted by the shopkeeper because he does not place it on the shopkeeper’s or cashier’s counter. It is important to know which party makes the offer and which accepts. Actually, the price displayed on the goods is not the offer, it is only an invitation for the customer to make an offer and it is only an invitation to treat. The claims from the manager which he argued, by picking up the Rolex watch Ted has accepted the offer by the shop is invalid. Thus, ted is not liable to pay for the Rolex watch. This question deals with offer and acceptance. Is the flyer received by Ted is an offer or an invitation to treat? An offer is defined as â€Å"a statement made by one party of a willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by another party to whom the offer is addressed†. Ted received a flyer from Rayan advertising an Ipad tablet for sale , but no price of the Ipad is stated in the flyer . Therefore, from the flyer , it is observed that Rayan is not seeking any potential buyer to make him an offer but Rayan himself is the offeror. The offer from Rayan is an offer may be made to an individual or to a large number of people. There was a case related to this situation which is Carlill v Carbolic Smoke Ball Co. (1892). Carbolic smoke Ball Co. Ltd., in its newspaper advertisement, promised to give  £100 to anyone who purchased their smoke ball remedy for influenza, and caught illness within 14 days. To show good faith, the company deposited  £1000 with a bank to meet any claims. Mrs. Carlill bought the remedy, caught influenza and claimed  £100. The court held that the advertisement was an offer to the world at large, and Mrs. Carlill had accepted the offer by purchasing and taking the remedy. An offer must be a definite promise by which the offeror intends to be legally bound by the terms stated. In Carlill v Carbolic Smoke Ball Co., the fact that  £1000 had been deposited with a bank showed that it was a firm offer and the company intended to be legally bound. Ted wrote a letter to show his interest on the tablet and Rayan replied on the 8th of Dec offering the tablet for RM 800. Ted received the letter on 9th of Dec and posted the letter of acceptance on 10th of Dec .This showed that Ted had accepted the offer from Rayan and the postal rule is applied in the case. The postal rules only apply when the ‘acceptance’ is sent by post as stated in the case. Acceptance here takes effect when the letter is posted. In other words, where acceptance by post has been requested or where it is an appropriate and reasonable means of communication between the parties, then acceptance is complete as soon as the letter is posted, even if the letter is delayed, destroyed or lost in the post so that it never reaches the offeror. There was a case related to this situation which is Adams v Lindsell. Lindsell wrote to Adams on Tuesday 2 Sept 1817. Lindsell misdirected the letter and as a result it was not received by Adams till 7.00pm on Friday 5th Sept. On that evening Adams posted a letter accepting Lindsell’s offer. The letter of acceptance was not received by Lindsell till Tuesday 9th Sept. On Monday 8th Sept, Lindsell not having received the answer on Sunday 7th Sept, as they expected, sold the wools to another person. The issue before the court was as to when acceptance took effect. The court held that acceptance took effect when the letter was posted on 5th Sept. Since Ted’s letter of acceptance was posted on 10th of Dec , and it was only received by Rayan on the 15th of Dec, but the acceptance took effect when the letter is posted on 10th of Dec. Therefore , the conclusion is Ted shall has the right to buy the Ipad. Ted had bought a new car, Proton Persona at Jason Autos whereby Jason told Ted that the mileage of the car has not done for more than 80.000 kilometers. However, on the next day after Ted bought the car, Ted’s friend, Peter, who was a mechanic, had told Ted that the car has been done around 150.000 kilometers. In this case, it involves of misrepresentation during the process of negotiation between Ted and Jason. Before the contract is made, Jason claims that the mileage of the car was not done more than 80.000 kilometers, this is a representation made by Jason during the negotiation, which turned to be untrue when Peter told Ted that the mileage of the car was about 150.000 kilometers after the contract is made. According to Sections 19 and 20, when consent to an agreement is caused by coercion, fraud or misrepresentation, or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. In this case, it can be a fraudulent misrepresentation. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. This can be related with the case of Derry v Peek (1889), in a company prospectus the defendant stated the company had the right to use steam powered trams as oppose to horse powered trams. However, at the time the right to use steam powered trams was subject of approval of the Board of Trade, which was later refused. The claimant purchased shares in the company in reliance of the statement made and brought a claim based on the alleged fraudulent representation of the defendant. The court held that the statement was not fraudulent but made in the honest belief that approval was forthcoming. Lord Herschell defined fraudulent misrepresentation as a statement which is made either knowing it to be false, without belief in its truth, or recklessly, careless as to whether it be true or false. In this case, it is believed that the representation made by Jason was recklessly, careless as to whether it be true or false, this is because the mileage of the car can be checked but Jason told Ted that the mileage was not exceeding 80.000 kilometers but in fact it reached about 150 kilometers. The mileage of the car can determine the price of the car. As the mileage is larger, the price of the car can be sold at a cheaper price. Hence, it is believed that Jason, by means of recklessly or carelessly to make the wrong representation to Ted, has an intention of selling the car at a higher rate of price. Therefore, if Ted choose to affirm the contract by performing his obligations under the contract, which is to accept the car, he has the right to claim for the loss, or to repudiate the contract by returning the car back to Jason. Ted was working for Mr. Davis. Mr. Davis asked Ted to sign a contract, which declares that Ted has to transfer 17% of his properties to him. Ted agreed to sign the contract because he afraid that he would be fired from his job. After that, Ted realized that he had more lose when he agreed to sign the contract with Mr. Davis. Ted wants to escape the obligations of the contract between himself and Mr. Davis. This may refer to the case Inche Noriah v Shaik Akkie Bin Omar (1929) whereby undue influence happened. An old and illiterate woman executed a deed of gift of a landed property in favour of her nephew who had been managing her affairs. Before executing the deed, she had independent advice from a lawyer who acted in good faith. However, he was unaware that the gift constituted practically the whole of her property and did not impress upon her that she could have equally benefited her nephew by bestowing the property upon the nephew by a will. The court held that the gift should be set aside, because there was a presumption of undue influence raised by relationship between the parties and the presumption was not rebutted. Section 16 defines the term â€Å"undue influence†. Undue influence arises when one of the parties to a contract uses his special relationship with the other party to influence that other party into making the contract. Mr. Davis is using his dominant position in the relationship between Ted to influence Ted to sign the contract that is unfair to Ted. The effect of undue influence is to render the contract voidable at the option of the innocent party. Hence Ted does not have the obligation to follow the agreement signed and can be discharged. In a nutshell, from the several incidents happen to Ted, the Law of Contract regulated by the Contracts Act 1950 is implemented to protect him. All of all, the world could not be perfect, the world is full of confliction, and so, law is here to protect our rights and also from being faulty accused or being framed by others.

The Colliding Dynamics of Class Structure Essay -- Sociology

The rigidity of class structure is the culprit for the vast number of inequities in society. Power is concentrated in the hands of a small sector; leaving a few individuals to have more authority and influence, in comparison to others. The construction of class structure identifies the way groups are divided into social positions. Differences stemming from social position are further exemplified by the accessibility to valuable resources–such as wealth, education, occupation, and status. Those with distinguished command in society have access to these increasingly wide ranges of resources, which may be present in limited forms to the less powerful. Used as a device of supremacy, power is a style of control when the basis is acquiring these societal possessions. Even though class structure is considered to be fluid in nature, for some it is a complex web of entanglements hard to deal with it. Groups who suffer from social and material deprivations are not doing so by choice, b ut hugely in part to economical and occupational factors. These prominent distinctions have led several to fall victim to the systems of hierarchy. Built within these schemes are the inequalities that arise due to one’s position; and captured inside are the outcomes that influence levels of individual, educational, and occupational independence. People who do observe the inequities between classes may feel the impact of social stratification in various ways. Similarly the dynamics of class structure are very significant elements found throughout the works of Virginia Woolf, George Orwell, and Karl Marx. They are all in agreement that society host the series of conflicts underlying that of class structure. Class structure as a whole denotes differing realit... ...ist Feminism." Critical Sociology (Brill Academic Publishers) 25.2/3 (1999): 196-217. Academic Search Complete. Web. 19 Mar. 2012. Marx, Karl, and Frederick Engels. Marx/Engels Selected Works, Vol. One. Moscow. Progress Publishers, 1969, N. pag. http://www.marxists.org/archive/marx/works/1848/communist- manifesto/index.htm. Web. 23 Apr. 2012. Orwell, George. "Shooting an Elephant". The Seagull Reader Essays. 2nd Edition. Ed. Joseph Kelly. New York. W. W. Norton & Company, Inc, 2008. 243-250. Print. Peet, Richard. "Inequality and Poverty: A Marxist-Geographic Theory." Annals of the Association of American Geographers 65.4 (1975): 564-571. Academic Search Complete. Web. 19 Mar. 2012. Woolf, Virginia. A Room of One's Own. New York. Quality Paperback Book Club, 1992. Print. Woolf, Virginia. Three Guineas. New York. Quality Paperback Book Club, 1992. Print.

Ontela Picdeck Essay

Ontela PicDeck creative approach to have cellular customers have the ability to automatically have pictures and videos directly sent to their computer. This reduces time needed and simplifying the strenuous act of doing it manually. The U. S mobile phone service industry earned 150 billion dollars in 2007 and growing. This technology has potential of playing a role in that with critiquing the marketing strategy they have approached the market with. It is essential for a better marketing strategy for Ontela to show customers so they can better understand the benefits and how to efficiently utilize it. The qualitative research segments best defined the customer expectations. Sarah, the parent, loved the fact the pictures â€Å"just appear â€Å"on the computer automatically. Steve, the young professional, looked to not always have to lug around the digital camera. Instead have a phone that can take care of both jobs. Regina, the teen, expectation exceeded both Steve and Sarah, but still within the abilities of PicDeck. Regina wanted to manage her pictures from her phone and monitor the pictures for her social networking sites. Herzberg’s 2-factor theory can be used in this instance. Using this theory to understand and distinguishing what motivates the purchase while staying â€Å"relevant†. In other words you must keep up with the recent trends like the social networking wave. These three segments all produce various expectations but all acknowledged the expectations of a simplified and quicker method to transferring pictures. These segments age groups and lifestyles greatly vary so the solution to market them must be more specified to that target group. The improvement of creating a more knowledgeable customer base will require a critiqued advertising campaign. In the case of Regina, advertising within the social networking programs like Facebook and MySpace. This advertising will catch the attention of these teen and inform them of the product. Specifically push the simplicity, timeliness, and how the pictures are still stored even when your cellular device is lost. For the younger generation and phones being a huge commodity, phones are constantly being stolen and lost. If interpreted right, then the teen will approach their parents to have their plan changed to include PicDeck. Then the parent will be informed and furthering the utterfly effect of a strict advertising scheme to the teenage target customers. This is how Sarah would be notified. Social is a major influence in customer behavior through family, friends, and reference groups. All play as contributors to trusting a buy of a product. Continuously for people who aren’t very tech savvy like Sarah and Steve; they do though always have an email and usually check it frequentl y. So a mass email to the entire customer base informing them of the new product. Steve would be influenced more by the occupation. Besides using this program for personal use, Steve would use this for his real estate job. To be successful in a job market like Steve’s you must influence your work with newer technology so you may keep up with competitors. â€Å"With PicDeck, work assignments are accomplished more efficiently and simply†, statements like this boost the products equity and what customers like Steve would want to hear. For a product to blossom you must target the younger generation first. With constant technology improvements it’s hard for the older generation to keep up. The younger generation is constantly working with the new technologies so you inform the younger generation and it will spread to older generations. Ontela has created an inferior product and now need to raise awareness of the tech advances this product has influenced. The magazine Telephony stated PicDeck to be â€Å"helping the bridge the gap between phone and PC†. Continuous advertising is needed in magazines for the working class people to involve this program into their workplace. For instance putting an ad in the magazine SkyMall. The magazine you see on every flight you’re on. This can target a business class customer base because the individuals who travel most are individuals travelling on business. And this is the only reading material on the plane.

A Cultural Study Of Childbirth In Rural Mexico Essays - Midwifery

A Cultural Study Of Childbirth In Rural Mexico Essays - Midwifery A Cultural Study of Childbirth in Rural Mexico Outline I. make up of a typical home A. living arrangements B. layout of the home II. starting a family A. new home B. becoming pregnant III. child birth A. midwife B. birth setting C. prenatal care D. birth of the child E. postpartum IV. conclusions The rural Mexican culture is made up of many small towns and villages. The social connections among adults in theses areas are relatively intimate because many of these areas are endoga mous communities. Most newly married couples live with the man's parents until they are financially stable enough to purchase land of their own to build on. Though it is less common the couple may decide to live with the wife's parents if the mother and daughter-in-law don't get along (Kay, 1991, p. 367). A typical mexican home or compound as they are commonly called. Consists of the family's private living space, which is likely to be set back from the road. Generally the compound is enclosed by a stone wall and contains several structures. There is the main house which might be a modern type, built of stone and have a metal roof, or the traditional wattle and daub walls with a steep palm-thatched roof. Either way, it is likely to be a one-room house. The traditional house is oval, has a floor of pressed dirt or tile, and two doors but no windows. Inside the windowless house, daylight filters in though the palm thatching. At night a single electric bulb provides light. Also at night, several hammocks are let down from the rafters and the house serves as the family's sleeping quarters. In every compound there is also a separate cooking hut with an open fire. Near the well there will be a raised trough covered, by a palm-thatched roof, for the daily clothes-washing. ! Sometimes there is a small bath house built of sticks interwoven with palm leaves, in which house hold members take their daily baths. The most striking thing about life in the compound is the extent to which various activities inter mingle. The whole compound constitutes an extended living area where there is little or no individual private space (Spielman, 1993). Typically rural mexicans believe that conceptions occurs immediately after a menstrual period. This idea is based on the notion that the uterus opens to release the blood that has been dripping in during the preceding weeks. After the menstrual flow has stopped the uterus is believed to remain open, it is during this time that women it most likely for them to get pregnant (Jordan, 1993, p. 18). Pregnancies are almost exclusively dealt with by midwifes. The first prenatal visit is somewhat special. At this time the pregnant woman and the midwife determine the probable date of birth: nine calendar months from the day following the completion of the woman's last menstrual period. Massage is an integral part of the midwifes skills. If the midwife has determined, in the course of the massage, that the baby is in a breech or trans verse position, she will do an inversion. She locates the baby's head and hip and by applying strong, even pressure to these parts, shifts the baby's body into the more favorable head-down position. The procedure is sometimes painful but since the alternative is a Caesarean section in the capital, the women much prefer to tolerate a few minutes of discomfort. The midwife will do a version as often as necessary from the eight month on, up to the time of birth. She attempts to avoid a breech birth if at all possible and is an expert at tur! ning the baby even when the woman is in labor, as long as the breech is not yet engaged (Jordan, 1993, pp. 21-22). Birth generally takes place in the home but for the birth of a first child it may take place in the mother's parent's home. After the onset of labor women continue doing house hold tasks until the labor intensifies to the point that it is no longer possible to finish what they are doing (Jordan, 1993, pp. 23-24). The father of the child is expected to be present