“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.
- Review FAR Part 33 – Protests, Disputes, and Appeals; Subpart 33.2 – Disputes and Appeals located at https://www.acquisition.gov/far/current/html/FARTOCP33.html#wp223483 , and review the requirements for the Court of Federal Claims to hear a complaint. Be prepared to discuss.
“Contract Termination Liability Risk” Please respond to the following:
- From the second e-Activity, 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.
- Review the GAO report titled, “NASA Needs to Better Assess Contract Termination Liability Risks and Ensure Consistency in Its Practices,” GAO-11-609R, July 12, 2011, located at http://www.gao.gov/new.items/d11609r.pdf. Be prepared to discuss.
“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).
“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.
“Post-Proposal Submittal Phase” Please respond to the following:
- Review the steps involved in the final proposal production phase that are described in Chapter 18 of the textbook and make at least one recommendation for improving the process. Explain your rationale. Then, evaluate the recommendation of one fellow learner (on-ground students will discuss the recommendations in class).
- Discuss how a successful debriefing could benefit a company in future proposals. Include the areas of importance to discover in debriefing and what information is available to those who were not awarded the contract.
“Looking Back” Please respond to the following:
- Thinking back on everything you have learned in this course, what single lesson learned was the most surprising or interesting. Explain what made it so.
- Describe the most difficult concept or process addressed in this course. Create an analogy that would help someone encountering that concept or process for the first time to better understand what it is about.
- Intel made large loyalty payments to HP in exchange for HP buying most of their chips from Intel instead of rival AMD. AMD sued Intel under the antitrust laws, and Intel settled the case by paying $1.25 billion to AMD.
- What incentive conflict was being controlled by these loyalty payments?
- What advice did Intel ignore when they adopted this practice?
- Why did they ignore it?
If You Knew Then What You Know Now
If you’ve read and understood this book, you should know how to:
- Use the rational-actor paradigm, identify problems, and then fix them.
- Use benefit-cost analysis to evaluate decisions.
- Use marginal analysis to make extent (how much) decisions.
- Make profitable investment and shut-down decisions.
- Set optimal prices and price discriminate.
- Predict industry-level changes using demand and supply analysis.
- Understand the long-run forces that erode profitability.
- Develop long-run strategies to increase firm value.
- Predict how your own actions will influence other people’s actions.
- Bargain effectively.
- Make decisions in uncertain environments.
- Solve the problems caused by moral hazard and adverse selection.
- Motivate employees to work in the firm’s best interests.
- Motivate divisions to work in the best interests of the parent company.
- Manage vertical relationships with upstream suppliers or downstream customers.
Take a few minutes and share which of these concepts and skills you feel are going to be of greatest influence on your future.
Which of these concepts would have been really helpful to know in the past? What would it have changed?
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