Thursday, October 31, 2019

Birth Environments and Labour Choices Essay Example | Topics and Well Written Essays - 1500 words - 1

Birth Environments and Labour Choices - Essay Example The overall object of providing care to women experiencing labour and birth is to bring about a convincing experience for not only the woman but also to the entire family, while preserving their health, responding immediately to emergencies and preventing complications. A pregnant woman has to make various decisions regarding the place and the way she wishes to deliver her baby. As there are various options for where she may decide to have the birth along with the options of how she may decide to deliver. Despite all these factors, the environment a woman chooses to labour can greatly impact the amount of anxiety and fear she may experience. The birth setting is greatly powerful and can be regarded as a differentiating factor between a traumatic or fulfilling experience of childbirth. Attention to detail as well as careful concern of the different birth environment dimensions constitutes most favourable circumstances for the progression of labour. Hospital is an estranging environment for majority women, in which privacy issues and institutionalised routines can lead to feelings of lack of control (Lock and Gibb, 2003). It has been reported that the interventions and technology that has become usual on various labour wards was concerned in womenâ⠂¬â„¢s frustration with labour (Lumley and Brown, 1994). Enhanced anxiety induced through lack of control can intervene with the regular effective labour physiology (Steele, 1995). Since the control or lack of control are regarded as essential to the women’s labour experience and their consequential wellbeing (Simkin, 1992). It has been found that there are three categories of birth places (an essential part of the birth environment) from which women may chose the one they suppose will be the most comfortable for them during the different phases of labour. These include home birth, birth centres and hospitals.

Monday, October 28, 2019

How Personal Experiences Shape the Way We Are Essay Example for Free

How Personal Experiences Shape the Way We Are Essay Everybody has their own share of experiences in life. Some have experiences that affect their lives. However, there are also some people who do think that their experience is just non-consequential. Well, in my point of view, I think experiences are very important for every individual. It shapes up the way people view things and sometimes it does change the attitude of the person. I have two events that I would like to share. I consider these experiences as very important and life changing. My first important experience was when I was seventeen. In our country, kids are required to take a public examination before graduating high school. The teacher gave the class two months to prepare for the examinations. Most of my classmates got serious during that time. I consider myself a happy go lucky person before. I will never forget what I did. I acted very irresponsibly. As the saying goes, Time is gold. Well, I didn’t really know what that means then. I hang out with my friends almost every day. My parents scolded me for being so negligent of my studies. They actually forced me to study several times and asked me to concentrate on it. I never did listen back then. It was a big mistake on my part. When the results of the exam came out, it was really disappointing. I remembered I was already working in my parent’s company. I could not even face my parents. After getting the results it is now time to go to college. My cousin and I went together for an interview. I felt so ashamed because my cousin has higher marks. When I got back home that day, I came to my mom and I cried. I apologized to her for not giving my best effort in the exams. I got into Santa Monica College. I’ve worked hard on each subject that I took. This experience had made me realize that nothing is for free in this world. If a person wants a good compensation, a good deed or a good standing, one must make efforts to achieve what they want to have. I hope this experience would give other people a lesson on prioritizing important things in life before having fun. Another experience that I would like to share was the time when I was in my ninth grade in school. I have joined an organization called â€Å"YMCA†. This organization supplies lots of community services to people. It takes care of the elderly, half-wit people and children. I get emotional when I see elderly people. The old people in the organization live by themselves in old broken apartments. Most of them are really lonely and are ignored. No one listens to them. In all that time, I saw myself in their shoes when I get older. I would not like to be treated in the same way by young people. I started to care for them by talking to them and cleaning up their apartments. Some talk to me happily and are really excited that someone is listening to them. However, some of them cry when you touch them. These reactions only show that most of the elderly needs more love and care from the younger people. This had shown me that lots of people need the help and love of others. It changed my views and made me care for my parents more. These experiences had given me a lot to think about. It made me a better person and I am proud to have experienced this in life. Not everything can be studied and read in the book. A person must go through these experiences in order to realize what they are taking for granted. Precious experiences such as these must be treasured.

Saturday, October 26, 2019

Genealogy and the Internet

Genealogy and the Internet The topic of genealogy has been thoroughly researched throughout the decades. The main problem with genealogy was the travel that traditionally accompanied any genealogist in their search for records and sources. Access to records, or the lack thereof, is the pivotal issue for genealogists. They have lobbied successfully to increase physical access to records, and they also work to increase intellectual access through mentoring and educational programs [6]. For example, genealogists in Minnesota assisted in the transcription of death records and in creating an on-line index [7]. Since the unpredictable explosion of the internet and therefore the creation of online indexes, this issue has practically been wiped out. The Pew Internet and American Life Project found that use of the Internet for hobbies has grown exponentially, and 24 percent of respondents went on-line to research family history or genealogy [8]. GenWeb is an example of a loosely organized group of genealogists who independently select vital records, index them, and publish the indexes online. There is no quality control, true aggregation, or direct linking to the original. What you see is what you get: many separate online indexes, loosely organized under the USGenweb Project umbrella, available at http://www.usgenweb.org. Genealogists building family trees over the Internet through name indexing and vital records data collection projects has become a massive hobby since the introduction of these online indexes.   The Genealogical Society of Utah (GSU), as part of its effort to collect micro film (and more recently, digitized) copies of vital records, developed an Internet Indexing System to manage work flow and provide robust tools for volunteers to carry out name indexing projects from the comfort of their homes [31]. The resulting data goes not only to the GSUs cumulative database, but to each repository that owns the records for merging with its discovery system. This system varies from the work of the GenWeb in this important way. A commercial example of this is Ancestry.com [10], which digitized and thoroughly indexed some of the U.S. Federal Census returns, adding value to a public record. The records themselves (or a microfilm thereof) are available for all to see at no cost at the National Archives and at many other repositories. But Ancestry charges for access to its database and with it, its digital images taken from the microfilm. The added values, those that make this worth paying for, are 1) the aggregation, 2) the indexes, and 3) the convenience of online access. They record dates and places of births, marriages, deaths, places of residence and other information, such as occupation, military service or church affiliation. Pedigree charts are used to record familial relations, and history sheets for supplementary information such as anecdotes, newspaper accounts, or other miscellaneous historical information. Every detail needs to be referred to the original source, invariably a primary or vital record, though sometimes secondary sources such as oral history, family bibles, published genealogies, and transcribed records. 2.1.2 Genealogy in Ireland Information skills development and information exchange are key features of genealogy. When related activities such as membership in genealogical societies, family reunions, and research in libraries and archives are considered, the number of people engaged in genealogical activities is huge [11]. The Irish government has an official website, irishgenealogy.ie, ran by the Department for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. The website contains a huge database of records, consisting of extremely old records such as the 1901 and 1911 Census. In September 2015, the website received a massive boost when over 2.5 million images of Irish births, deaths and marriage records from the General Register Office, making the website a goldmine for Irish genealogists [12]. Previously, in order to view these records, a person would need to put in an order and wait to hear back from the GRO. Now, all records are easily assessable for any person who wishes, at the click of a button. 2.1.3 Similar Software Already Available After a lengthy search, including contacting some international genealogy developers, I can conclude that there does not currently exist any software similar to the one I am creating. Online, there are many family tree creators, record searchers, message boards, etc. however none of these can actually give a narrative of a persons life. Thus, I think that my contribution after creating this application will be of a great benefit when released online. 2.2 Technical material 2.2.1 Sources There are two types of sources used in genealogical research: primary and secondary. In this project, I will focus on the primary sources. Primary sources can be described as documents and records that were created during the time of the event in question, such as a birth, census, death, or marriage, happened. A person who had direct and personal first-hand knowledge of the event wrote these documents and records. Many of this documents can include vital record facts, such as certificates of births, deaths, or marriages, family bibles, military records, information, naturalization records, and more. Since these documents are said to be highly accurate, primary sources are preferred when obtaining and referencing genealogical information. For example, consider a primary source for your birth date is your birth certificate. In most instances, a birth certificate is prepared either on the day or within a few days of the actual event. This certificate is then signed by one or more witnes ses to the birth making it a first-hand primary document. The quickness and inclusion of direct witness make the information within the record a reliable account of the event and therefore of more usefulness to a genealogist. There are many Irish websites that contain digitalized primary sources [13]. 2.2.2 Web Application Choice Several considerations should be taken when choosing which language to use for building the web application: Comfort: When choosing a language, a person should take into account any language that they feel more comfortable with, from using beforehand, making it easier to develop further. As a Computer Science student, I have come in contact with a number of different programming languages so my choice ranges. Performance: The performance of the language itself is the only one real concern that could cause an issue. Performance of how the language crosses with external technologies such as the file system or database is said to be extremely important and should not be looked over. Popularity: This is a very important one. You are more likely to find helpful documents online if you use a popular language. You are also more likely to find reference material and other help. 2.2.3 Mean Probability The probability associated with each source fact will be in the range of 10 100%. Using the mean will calculate the overall probability for correctness. The mean value of a set of figures is calculated by summing the figures to find the total and then dividing by the number of figures in the set.

Thursday, October 24, 2019

Discovery Through Dance Essay -- Dance Dancing Movies Films Media Essa

Discovery Through Dance Movies with dancing have always been a big success, simply because they cause people to want to move and be free like the actors on the set. Dirty Dancing, directed by Emile Ardolino, is a movie that makes people want to jump into the screen and be a part of the show. It is a favorite among teenage girls simply because of the kind of dancing that is performed. Another movie, Save the Last Dance, directed by Thomas Carter, is also well liked by teenage girls because of the dance moves. These two movies portray similar stories of girls finding happiness through expression of different kinds of dancing. Dirty Dancing is a movie portraying the story of a young girl who finds herself while staying at a resort with her family for the summer. The girl’s name is Baby, which describes her character at the beginning of the story. She is a daddy’s girl, and is very trusted by her parents. After some run-in’s with her new friends at the resort; however, her parents start to see a new side of her. Baby secretly learns to dance so she can save a friend’s job. She eventually falls in love with her partner Johnny, which leads to him getting fired from the resort. At the end, during the farewell dinner, Johnny ends up surprising her and making her dance in front of everyone. Her parents see her new talent, and see how much she has grown-up. Baby and Johnny end up together in the end, which makes for a very happy ending. Save the Last Dance is also an exciting movie about a girl finding herself through learning a new type of dance. Sarah has always been a ballerina and ends up losing her mom in a car accident while Sarah is trying out for Julliard. She ends up going to live wit... ...e, and thinks that Derek was the reason that she got hurt in the first place. He doesn’t agree with their relationship and thinks Sarah can find a better guy than Derek. Both girls must go against the wishes of their fathers and simply follow their hearts and do what they feel is best no matter what. These two movies show how two girls, by learning to dance, also learn to overcome discrimination and simply be themselves. They don’t listen to others around them when they say what they are doing is wrong. They do what they know is right and in the end find themselves through the love of their partners and their new love of dancing. Works Cited Dirty Dancing. Dir. Emile Ardolino. Perf. Patrick Swayze and Jennifer Grey. Artisan, 1987. Save the Last Dance. Dir. Thomas Carter. Perf. Julia Stiles and Sean Patrick Thomas. Paramount, 2001.

Wednesday, October 23, 2019

Public Procurement and Contract Administration in Nigeria

PUBLIC PROCUREMENT AND CONTRACT ADMINISTRATION Overview of Procurement Procurement is the acquisition of goods, works and services at the best total cost of ownership, in the right quality and quantity and at the right time. It also involves the acquisition of goods and services at the right place and from the right source. Public Procurement is the acquisition of goods, works and services by Government Ministries Departments and Agencies. In an effort to provide development and fulfil campaign promises, governments all over the world are involved in large scale procurement of goods, works and services. Public Procurement account for substantial part of most countries GDP. The establishment of good public procurement system is increasingly being viewed as measure of accountability and transparency. The responsibility of government to ensure transparency is also increasingly becoming a serious campaign issue. Public Procurement helps ensure the judicious use of public resources. An efficient Public Procurement System will ensure at all times government acquisition of goods, works, and services are done with due regard to:  · Economy;  · Efficiency;  · Fairness;  · Reliability; Transparency; and  · Accountability and Ethical Standards. Economy: This will ensure that the procuring entity obtain the best value for the money expended. Value may include more than price. It includes quality, and timely delivery of the goods or services. However, the ultimate aim of a sound procurement is to obtain the maximum value for money. Efficiency: A good procurement must be seen to be posi tive. It should be devoid of bottlenecks and other forms of inefficiencies. A good procurement system is devoid of protracted delays. It must be simple and swift. Fairness: A good system will ensure fairness to all bidders and will be impartial, consistent, and reliable. It will ensure level playing field to all contractors, suppliers and consultants. Transparency: Good procurement system establishes and maintains rules and procedures that are accessible and unambiguous. It is not only fair, but it is seen to be fair. Accountability and Ethical Standards: A system must ensure its practitioners obey the rules. It enforces the rules through a process of sanctioning those who neglect, disobey or bend the rules to gain certain advantages. The rules and procedures must be clear and unambiguous The process of establishing formal public procurement system in Nigeria started with the election of Obasanjo in 1999. It started with the establishment of Due process office under the Presidency. The Due process office was headed then by Mrs. Oby Ekwesili, the current Vice President of World Bank in charge of African Region. The Due process Office succeeded in saving billions of Naira according to the press release by the Agency. Public Procurement bill was passed by the two houses of the National Assembly and signed into law by the President in 2007. The Act provide for the establishment of Public Procurement Council and Bureau for Public Procurement to beheaded by a Director General. Nigeria public procurement Act was enacted in 2007. Overview of Contract Administration Contract Administration on the other hand involves all those activities which are performed with aim of promoting the smooth execution of contracts. Contract Administration starts from the time a contract is signed to the time a contract is closed. There are various forms in which a contract can closes: A contract can close when an operational certificate has been issued and the contractor collects the final payment under the contract. A contract can close if it is terminated and what is due to the either of the party (client or contractor) has been paid. A contract could be terminated due non performance by the contractors, due to failure of the client to fulfil obligations under the contract or due to events or happening beyond the control of the parties to the contract (force majeure). A contract can be discharged when there is a dispute. This can happen either amicably or through mediation through arbitration and adjudication or through the court. The court is usually the last resort in this kind of settlement. Most modern contracts proscribe mediation mechanism. Contract closure should be seen as part of the procurement process that assures that the employer gets what it paid for and contractor, payment for goods or services delivered. The Role of Regulation in Public Procurement A good regulatory framework is pre-requisite for an efficient Public procurement system. The role of policy formulation should be separate from policy execution and a mechanism for handling protests must be established. Any agency involved in any form of execution of public procurement should not be involved in regulating procurement. The Nigeria Public Procurement Act is however, somehow deficient in the area of separation of policy formulation, execution and regulation and protest handling mechanism. The Bureau is involve in giving no objection for contracts yet is involve enforcing compliance with the provisions of the Act. This vested the power of execution and regulation in the Bureau. The Bureau also through the council (where the DG is the secretary) is involved in policy formulation and handling of protest. A good example of separation of regulation, execution and protest handling mechanism is the Kenyan public procurement system. It incorporated the necessary separation of execution, policy formulation and protest handling mechanism. However, this has not prevented politicians in Kenya from abusing the procurement system. In 2004 all the procurement officials in the various MDA in Kenya were suspended to allow politicians recover the money they spent in election campaign. The various agencies under the Kenyan Act are: Public Procurement Oversight Authority The functions of the Kenyan Public Procurement Oversight Authority are: To ensure that the procurement procedures established under the Act are complied with; To monitor the public procurement system and report on the overall functioning to the Minister and also do the following functions: support the training and professional development of persons involved in procurement Issue written directions to ublic entities with respect to procurement including the conduct of procurement proceedings and the dissemination of information on procurements; and ensure that procuring entities engage procurement professionals in their procurement units. To initiate public procurement policy and propose amendments to the Act. To perform such other functions and duties as provided for under the Act Public Procurement Oversight Advisory Board Composition The Public Procurement Oversight Advisory Board shall consist of nine members appointed by the Minister approved by Parliament from persons nominated by the prescribed organizations and the Director-General. Functions To advise the Authority generally on exercise of its powers and the performance of its functions To approve the estimates of the revenue and expenditures of the Authority; To recommend the appointment and termination of the Director-General of the Authority Perform such other functions and duties as provided for under the Act. Public Procurement Administrative Review Board The Public Procurement Administrative Review Board, review complaints and make appropriate recommendation to the government. The Public Procurement Oversight Authority shall provide administrative services to the Review Board. Procuring Entities (MDA) It is the responsibility of Procuring Entities to comply with provisions of the Act. Specifically the Kenyan Act provides; What is being procured must be within the approved budget of the procuring entity and included an annual procurement plan Procurement undertaken by a procuring entity must be as per threshold matrix as set out in the regulations There is adequate segregation of duties in respect of procurement initiation, processing and receipt of goods, works and services. A public entity shall establish a tender committee, procurement unit and such other bodies as required under the regulations for the purpose of making such ecisions on behalf of the public entity as specified in the Act . Procurement Planning The first thing to do in procurement is, planning the process. It involves definition of the project scope and expected completion time. Specifically, the procuring entities need to identify the required works, goods or services to be procured. The procuring entities also need to determine the various procurement sequences. The procuring entity will selec t equipment packages and choose the method of procurement to use depending on the scope and complexity of the assignment. The following methods are usually used in procurement of goods, works and services (non-intellectual services): International competitive bidding (ICB) Limited international bidding National competitive bidding Shopping Procurement Plan should separate consultancy services, works, goods and supply and installation of plants and equipments. Procurement plan should address the following; How the procurement process should be handled (ICB,NCB, Others, Co-financing) Define the timing of each step in the procurement process (Each step, Each Package). It should also identify the procurement & implementation team The plan should also take in account the approvals process and delays that may occur. It should take into account all technical, staffing, legal and training etc. Procurement Steps There should be identification of needs. The list of goods, equipment, materials plants etc. Types of Works (Large, Small, Very Small) and aassociated Services. The procuring entity should also indentify the means of transportation, distribution and training. The plan should also take into account after sales service and warranty period. The steps include the advertisement of tenders. The World Bank require advert in G. D. Market and United Nation Business on-line. National competitive bidding requires advert in at least two nationally read newspapers. The process includes; Issuance of Bidding Documents Bid or Quotations Submission & Opening Bid or Quotation Evaluation Contract and Purchase Order Award. This will be preceded by contract notification, signature and effectiveness. Pre-contract Meeting Officials of the procuring entity involve in the procurement process should meet in order to: Understand their responsibilities and restrictions under the contract The role of the project manager should also be defined The various tests and other forms of quality control should be defined. Specific deliverables and special contract provisions should be explained. Monitoring and performance measurement should be understood and invoicing and payment procedures should be explained. Pre- contract meeting/discussion between the employer and the contractors are usually organised. At such meeting, the objective of the contract and its requirements are clearly defined. The contract effectiveness conditions are explained. Others issues to be discussed are: The project manager (from the employer) and contractors representative Organization and structures of the contractor’s implementation team. Implementation schedule and Reporting method Progress meetings, works certification and invoicing After the pre-contract discussion all grey areas are ironed out, the contract is signed by contractor’s representative with the power of attorney and the authorised representative of the contractor. Contract Effectiveness This will take place after the contract has been signed and following conditions have been fulfilled: Contractor provide performance guaranty and advance payment guaranty (if required) If the contract requires payment of advance payment, it has been paid If Letter of Credit is required it must be established The Letter of Credit must be confirmed (if funded by Nigeria government) or made operative through issuance of special commitment if World Bank financed contract or letter of guaranty if AfDB financed contract The employer must write a letter conveying the effectiveness to the contractor Letter of Credit Letters of Credit are guided by universal custom practice established by International Chamber of commerce and Industry based in Paris, France. It provides condition to enable parties to contract of sale living in different countries to make and receive payment for goods supplied. It start with a bank in the buyers country (opening bank) opening direct communication with another bank in the seller country (advising bank), through a correspondence bank (usually the negotiating bank). The opening bank will open either an irrevocable Letter of credit or a revocable letter of credit depending on the circumstance of the transaction. It is irrevocable because once established neither of the party can cancel it unilaterally before the expiration of the validity. Letter of Credit is said to be confirmed if in addition to the confirmation of the opening bank, another bank (say the negotiating bank also add its confirmation). Under LC for contracts financed by World Bank, LC’s are irrevocable but are unconfirmed. They are made operational when a special commitment is issued on it by World Bank. Incoterms 2000 Incoterms means International Commercial Terms published by International Chambers of Commerce (ICC), Headquarter in Paris. Incoterms was created in 1936 by ICC to facilitate international trade by providing uniform interpretation of trade terms. Incoterms are regularly updated to keep pace with developments in international trade. The latest is incoterms 2000. The scope of incoterms is limited to rights & obligations of parties to contract of sales as it relates to delivery of tangible goods. For example under the C terms, the Seller fulfils his obligation upon the shipment of goods. Once the good are shipped by the seller, under the C terms the buyer is obliged to receive the goods. The following are the various incoterms Group E: Departure {text:list-item} Group E: Main Carriage unpaid {text:list-item} {text:list-item} Group C: Main Carriage Paid {text:list-item} {text:list-item} {text:list-item} {text:list-item} Group D: Arrival {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} Terms of Payment There are terms of payment for various contracts. Terms of payment are usually specified in the bidding document or request for proposal (RFP). Under a project financed by credit from the World Bank, the following terms shall apply as follows; Schedule 1-Plant & Equipment from Abroad text:list-item} {text:list-item} {text:list-item} Schedule 2-Plant & Equipment from Employers Country {text:list-item} {text:list-item} {text:list-item} Schedule 3-Local Transportation {text:list-item} {text:list-item} Schedule 4-Installation Service {text:list-item} {text:list-item} {text:list-item} All payment must be made 45 days from submission of invo ice and invoice not paid more than 60 days will attract interest. Role of Project Manager and Contractors Representative: Project Manager The contractor must be notified of the Project Manager in writing. The Project Manager shall act and represent the employer at times during the validity of the contract. He shall give all instructions, notices, orders, certificates etc. He shall give approval and receives notices, instructions, information on behalf of the employer. Contractors Representative: The employer must be notified in writing with his CV attached. Contractor representative must be approved by employer. The contractors representative act and represent the contractor at all time during the validity of the contract, He received all instructions, notices, orders, certificates, approvals and communications. The contractor representative issues all notices, instructions, information and other communications on behalf of the contractor Monitoring and Evaluation Monitoring and Evaluation is an essentially part of contract administration. It is usually performed by project manager. Project Manager approves all designs and drawings for supply & installations contract etc. The project manager inspects & issue acceptance certificate before shipment. Proper monitoring ensures potential disputes are averted Invoicing and Payments Contractors and employers are partners. The contractors have goods/services or works required by the employer while the contractor want money from the employer. Contract won under international competitive bidding process give world-wide, most competitive price to the employer. Issuance of invoices and demand for payment is an obligation of the contractor while the employer has responsibility to pay for goods delivered and or services and works performed by the contractor. The format of invoicing and works certification should be worked out early to avoid employment of penalty clause. Progress Meetings Progress meeting is necessary aspect of large and complex contracts which takes longer time to complete. Progress meetings are held at regular intervals. It is usually held to monitor the progress of the contract implementation. At such meeting contract implementation progress are discussed and compared with the contract implementation schedule. Implementation problems are also discussed with a view of solving them. The objective is to ensure that the contract will be completed with requisite quality, on time and within budget. Some identified Contract Administration Problems in Nigeria Institutional problems like contracts enforcement and prolonged court procedures are serious impediment to smooth contract administration. Other common contract administration problems are: Contracts entered into with parties having little understanding of the contract terms. Ccontracts’ seen as ways of dispensing favours. Therefore, little attention is paid to qualification. Contractors in some cases do not employ qualified personnel to manage and execute contracts. It usually takes unnecessarily long time to issue sufficient Bonds and Insurances for the execution of contracts, due to stringent conditions. Inadequate monitoring by employers also affects smooth contract implementation. A common contract administration problem that has become very visible especially in Nigeria Power Sector is losing out other partners in JV or Consortium agreement Delay in making payment to the contractors due to inadequate budgetary provisions Employment of unqualified or incompetent sub-contractors Delays in opening LC’s and extension of LC’s & Form M. Misapplication of proceeds of advance payment by contractors Di spute in the interpretation of contract terms Delay in issuing Duties and vat exemptions certificate conveyance Difficulties in clearing goods in the ports and the poor state of the nation infrastructure Inconsistency in government policies and corruption of government officials Avoiding Dispute in contract implementation The best dispute resolution method is not to have disputed at all. However, if there is a dispute direct negotiations between the parties at an early stage could be helpful. If no solution is found through direct negotiation, establish in a letter the facts of which constitute the breach of contract to focus the problem on the issue under dispute In United Kingdom an alternative dispute resolution technique called â€Å"partnering technique† is being employed. Partnering starts with a workshop usually during the kick off meeting where expectations of parties (contractor and employer) are discussed and harmonised. A partnering agreement or charter is signed by the parties. Employer and contractor are expected to encourage their staff to achieve the charter. In some cases the employer and the contractor share offices in the spirit of the partnering. Dispute Resolution Adjudication Once a dispute cannot be resolved mutually between the parties, it can be referred to adjudicator by either party in writing with a copy to the other party. The adjudicator shall give his decision in writing to both parties. The decision of the adjudicator is not final. The name of the adjudicator and his CV is usually included in the bidding document. If a bidder has problem with a suggested adjudicator, he must indicate so in writing and suggest another adjudicator which must be accepted by the employer. Arbitration If either of the party is dissatisfied with the decision of the adjudicator, the dissatisfied party can write to the arbitrator. Either party may give the other notice to commence arbitration. The ddecision of arbitration are final and binding on all parties Arbitration Courts The Court of Arbitration of International Chamber of Commerce (Paris) is the most popular arbitration institute in the World. Other are; London Court of Arbitration and Allied Professional Society The American Arbitration Association in United State of American Arbitration Institute of Stockholm Chamber of Commerce based in Sweden. United Nations Commission on International Trade Law (UNCITRAL) – UN International Centre for Settlement of Investment Dispute (ICSID)- WB Change Orders and Price Adjustments Contracts are base on plans, designs, specification and quantities which are best estimates. Field conditions, revisions to original plan could cause the scope of the contract to change. Revisions caused by changes in expectation and technology may require change order. A â€Å"change order† is request for a change in the scope of a contract. It may be requested by either party to a contract. A â€Å"change order† signed by all the parties have the same authority as the original contract. For contracts financed by World Bank, change order is applied to changes in contract that is more than 5% of the contract sum. Under the World Bank procurement system, contract which exceed 18 months period should have provision for price adjustment. Contract Close Out Contract close out begins when the contract has been physically complete, i. e. all services have been performed and products delivered. Close out is completed when all administrative actions have been completed, all disputes settled, and final payment have been made. Materials and equipment to be handed over properly receipted. Contract close out is as important as contract award and contract monitoring. A check list of all services, products, etc. to be delivered in the contract should be kept in the contract file. Governance: Fraud, Corruption & Conflict of Interest Conflict of interest refers to a situation in which procurement official evaluate tenders involving companies in which they have direct or indirect interest. Fraud on the other hand includes misrepresentation or omission of facts to influence a procurement process or the execution of contract. It also includes collusion among bidders. corruption include offering, giving, receiving or soliciting directly or indirectly of anything of value to influence the action of a public official in the procurement process or contract execution. Governance: Identification of Corruption Some â€Å"red flags† in procurement process that indicate possibility of corruption include the following: Poor record keeping Deviations from procedures without written justification Poorly defined roles/responsibilities Absence of good internal control system â€Å"Red flags† can be exhibited by individuals involve in procurement and contract administration as follows: Extravagant lifestyle Excessive interaction with supplier(s) and contractors Too much secrecy Reluctance to delegate duties Keeping contact with certain suppliers exclusively Some â€Å"red flags† in a particular procuring entity are: Always the same suppliers competing & wining Reluctance of established supplier and contractors to bid for contracts in an entity Some â€Å"red flags† in contract administration Excessive cost overruns Excessive numbers of change orders (increasing cost) Payment of frivolous claims Governance: Corruption Contributing Factors& Known Signals Lack of competitive environment Lack of trained & competent procurement staff Widespread lack of trust & job security Permissive environment (no sanctions after established cases of fraud and corruption) Lack of good mechanism for handling protest & delays Known signals {text:list-item} {text:list-item} {text:list-item} {text:list-item} Case Study Case 1 An employer invited bid for the supply of one X-ray machine for the main hospital for delivery one month ex-stock within 2 months of Letter of Credit. In the bidding document, bidders were asked to quote price on CIP capital city by air in US dollars. Bidders were provided 60 days to submit bids. Six bids were opened publicly. All except one bidder quoted the price as solicited. One bidder quoted the price in French Francs. In its evaluation the employer rejected the bid as it did not comply with the currency provision. The employer proposed to award the contract to the lowest bidder as all the other bid are responsive. The contract will be financed under a credit from World Bank and the rejected bidder protested to the World Bank on the ground that World Bank permitted bids from any member country and currency and his bid was in fact the lowest. What should the World Bank do and Why? Case 2 In an agricultural project, an employer presented papers relating to an advance procurement of two bulldozers for World Bank financing retroactively. The employer/borrower claimed to have followed the World Bank ICB procedures. On review, it was noted that the General Procurement Notice (GPN) and Specific Procurement Notice (SPN) were issued, adequate time provided for the bidding, there was good response and award had been made to the lowest bidder. The only short-coming was the bids were opened by a government committee without inviting the bidder representative. Is the process valid under this circumstance? Case 3 You are the chairman of public procurement administrative review commission. A project includes the procurement of 10 tracks Dozers and excavators to be procured under a single package. The specifications stated the tracks should be powered by an engine with a minimum of 175 horsepower (SAE) at a rated RPM. Firm A offered its dozers with a 165HP. In the evaluation the committee consider the deviation as minor and awarded the contract to Firm A. Firm B

Tuesday, October 22, 2019

communication industry essays

communication industry essays One hundred and twenty five years ago in 1876, Alexander Graham Bell, invented the telephone. With this invention the communications industry originated. The following 125 years have seen an evolution of communication equipment, lead by Bell Laboratories, now the Research and Development department of Lucent Technologies. The three segments of this industry growing at the fastest pace include optical networking, wireless, and access equipment. This paper will analyze the optical networking segment in detail. Bell Laboratories first developed fiber optics in the 1970s. The equipment transforms electronic signals into light that is pulsated by lasers through fiber-optic cables, which consist of thin glass fibers. The first full-service fiber optic telephone system was located in Chicago during the late 1970s. Today, nearly all long distance traffic is carried through fiber-optic cables. The clear growth driver of the optical segment is dense wavelength division multiplexing (DWDM) systems. These systems are projected to grow between 50% and 60% in 2001. Breaking this down even farther finds growth projections of 56% for long-haul systems used to carry long-distance traffic. In metropolitan areas, which still remain a relatively untapped market, is expected to double the long-distance growth, with an increase of 117% this year. The most popular type of optical equipment currently available is referred to as OC-192. This equipment is capable of transmitting 10 gigabits per second. This speed is significantly faster than the OC-48 systems (2.5 gigabits per second), which were used up until the middle of last year. Lucent failed to see this change occurring and consequently became hampered with outdated inventory causing their loss of market share last year. The OC-192 should account for over 40% of transport revenue by year-end, compared to 32% last year. Despite the additional capacity generated ...