StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Discussion 1 Week 10 Protests, Disputes, and Appeals - Assignment Example

Cite this document
Summary
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.
The requirements for the Court of Federal Claims to hear a…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Discussion 1 Week 10 Protests, Disputes, and Appeals
Read Text Preview

Extract of sample "Discussion 1 Week 10 Protests, Disputes, and Appeals"

Protests, Disputes, and Appeals al Affiliation Protests, Disputes, and Appeals 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. The requirements for the Court of Federal Claims to hear a complaint are contained in the following procedural stages, to wit: (1) the contractor filing the claim; (2) include all the elements to the claim, such as: (a) the detailed description of the dispute or claim; (b) reference to the exact terms in the contract; (c) the factual statements of both, agreement and disagreement; and (d) the “statement of the contracting officer’s decision, with supporting rationale” (OConnor, 2007, p. 234). Concurrently, depending on the type of claim (for money, for interpretation of contract terms, and for ‘other relief’), diverse conditions and requirements are to be complied.

Each of the requirement is an independent critical component of a successful claim because all crucial ingredients to support the requirement need to be duly complied prior to proceeding to the claim process.2. 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.

The requirements stated for the Court of Federal Claims to hear a complaint are justified given the extensiveness of the information which would rationalize and justify said complaint(United States Court of Federal Claims, 2014). For instance, the reference to the exact terms of the contract where the claim or dispute originated need to be stated verbatim to extrapolate the validity of the complaint. As such, all the stipulated elements, by nature of evaluation and experience in processing claims, have already been scrutinized as to their necessity to be integrated in the claim process.

In one’s personal opinion, all the requirements are therefore justifiable to establish comprehensive validity in supporting the rationale for the claim.ReferencesOConnor, T. (2007). Understanding Government Contract Law. Management Concepts, Inc.United States Court of Federal Claims. (2014, July 1). Rules of the United States Court of Federal Claims. Retrieved from uscfc.uscourts.gov: http://www.uscfc.uscourts.gov/rcfc

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Discussion 1 Week 10 Protests, Disputes, and Appeals Assignment”, n.d.)
Discussion 1 Week 10 Protests, Disputes, and Appeals Assignment. Retrieved from https://studentshare.org/business/1655491-discussion-1-week-10-protests-disputes-and-appeals
(Discussion 1 Week 10 Protests, Disputes, and Appeals Assignment)
Discussion 1 Week 10 Protests, Disputes, and Appeals Assignment. https://studentshare.org/business/1655491-discussion-1-week-10-protests-disputes-and-appeals.
“Discussion 1 Week 10 Protests, Disputes, and Appeals Assignment”, n.d. https://studentshare.org/business/1655491-discussion-1-week-10-protests-disputes-and-appeals.
  • Cited: 0 times

CHECK THESE SAMPLES OF Discussion 1 Week 10 Protests, Disputes, and Appeals

Management Personnel Policy and Labor Union Activities

Employment adjustments do not necessarily cause labor disputes and not all disputes are brought to the court.... As a result, 3 primary hypotheses were drawn: (1) For over 10 years since the dismissal, the management had shown little intent of avoiding disputes or seeking early settlement, (2) At the time of the dismissal, there were strong forces that pursued the personnel policy for cooperation between capital and labor at the cost of long-term dispute outside the company, and (3) The forces were so strong that management shakeup was needed to end the dispute....
18 Pages (4500 words) Essay

ADR in England and Wales

This study stresses that the current scenario pertaining to civil disputes has taken a shift from adjudication to ADR and many other procedures to resolve civil disputes in an informal way.... nbsp;… As the paper declares there has been much contemporary change in the landscape of civil disputes from adjudication, as the norm, to ADR and the various processes of informal dispute resolution.... There is nothing new in the English legal system employing specialist tribunals to resolve disputes over a vast panorama of issues historically....
12 Pages (3000 words) Essay

Effectiveness of Umbrella Clauses in Bilateral Treaties

Moreover, international arbitration does not have a hierarchal structure in which appeals can be heard by a higher arbitration panel for the purpose of establishing or clarifying a rule of law.... hellip; According to Foster, umbrella clauses are usually the enabling clause for investor/state disputes arising under the BIT.... It would appear that with contradictory rulings on the matter, umbrella clauses can sometimes be effective for resolving disputes arising out of investment contracts concluded under the authority of BITs....
26 Pages (6500 words) Essay

Article 234 of the EC Treaty Jane

In Foglia v Novella [1980) ECR 745 the ECJ ruled that it would only determine references arising out of genuine disputes and refused to accept a reference where a clause was inserted into a contract solely for the purpose of creating a legal challenge.... The following discussion examines these developments in the context of Jane's particular problem and explains why it is not possible for Jane's case....
9 Pages (2250 words) Case Study

Managing the employment relationship

The fundamental right to say one's own opinions and report grievances is an important part of work-place democracy.... The main problem… Given the reality that information, particularly company policy, is political and power-centred, the messages managers communicate to workers is done to reinforce managerial policies....
11 Pages (2750 words) Essay

To What Extent Are the WTO Panel and Appellate Body Process Judicial in Nature

This unit acknowledges the appeals from reports that are issued by the panels, which address the disputes pertaining to the members.... nbsp;The Appellate Body, a unit of seven people, was set up in the year 1995 under article 17 of the Understanding on Rules and Procedures Governing the Settlement of disputes.... (Bartels, 2001, 499) The judicial function of the WTO is limited essentially to solve the 'state-to-state' disputes....
12 Pages (3000 words) Term Paper

WTO as a Dispute Settlement Body

The author of the paper "WTO as a Dispute Settlement Body" states that the development of trade worldwide led to the need for the establishment of a mechanism, which would resolve the disputes appear in the particular sector.... The research on the System's operational characteristics and scope has led to the assumption that the existing processes for the resolution of disputes are carefully planned and monitored; moreover, the introduction of the appeal level further increased their credibility and effectiveness; however, in the long term the independence of the System from political interests should be pursued; the political control on the specific Body cannot support its performance; on the contrary, it could cause negative impressions regarding the credibility of its decisions....
11 Pages (2750 words) Assignment

The Limited Jurisdiction of International (Investment) Arbitral Tribunals

The arbitrator, or arbitrators if more than one is chosen, may be selected for this skill and expertise in the particular legal field; (3) Arbitration proceedings, substance, and results are more flexible, and because it is so adaptable, it moves the process along more quickly and efficiently, and the outcome is acceptable to both parties, precluding a lengthy appeals process; (4) Arbitration fosters continuity.... While regular tribunals handle several cases simultaneously, and the case moves through several tribunals through the appeals process, arbitrators usually attend to a case from its start to its final resolution....
9 Pages (2250 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us