Contracting and Performance in Agencies

DEFF Research Database (Denmark)

Bjørnholt, Bente; Houlberg Salomonsen, Heidi; Rennison, Betina Wolfgang

As part of New Public Management (NPM), contracting represents a supplement to the traditional hierarchical and rule-based managing of relations between actors in order to improve performance (Fortin and van Hassel 2000; Greve and Ejersbo 2002; Drewry et al. 2005; Verhoest 2005). To various degrees...... higher goal attainment when agency head experience that the department balance dialogue and autonomy with some element of control in the process of internal contracting (Bjørnholt and Salomonsen 2011). This implies, that effective steering include a combination of decentralized management...... and how a balanced use of internal contracting leads to a better performance. These findings are then theoretically interpreted based upon a combination of literature on agencification as well as public management. We compare contracting across all Danish agencies based on a combination of survey...

Performance contracting in central government in Denmark

DEFF Research Database (Denmark)

Kristiansen, Mads Bøge

2015-01-01

) are observed across central government agencies, when the content of the performance contracts is compared. This makes it interesting to examine how variation in the content of the performance contracts across agencies can be explained? Based on a broad theoretical framework in which variation......This paper looks into performance contracting in Danish central government. Management by Objectives and Results (MBOR) was adopted in central government in Denmark during the 1980s and early 1990s. In 1991, performance contracts between parent ministries and their agencies were introduced...... in Danish central government. Since their introduction, performance contracts have become central elements in the steering and management of agencies in central government in Denmark, and today they are nearly universally adopted in central government. In Denmark, the Ministry of Finance is responsible...

48 CFR 1536.201 - Evaluation of contracting performance.

Science.gov (United States)

2010-10-01

... performance. 1536.201 Section 1536.201 Federal Acquisition Regulations System ENVIRONMENTAL PROTECTION AGENCY... Contracting for Construction 1536.201 Evaluation of contracting performance. (a) The Contracting Officer will... will file the form in the contractor performance evaluation files which it maintains. (e) The Quality...

Saving Green: How the DoD Can Better Manage Energy Efficiency Initiatives

Science.gov (United States)

2017-12-01

employed innovative financing techniques to accomplish energy conservation goals at its fixed installations. Energy Saving Performance Contracts (ESPC...are one such vehicle where the government finances infrastructure improvements via initial investments from private-sector energy services companies...Berrone, P., Cruz, C., Gomez-Mejia, L., & Larraza-Kintana, M. (2010). Socioemotional wealth and corporate responses to institutional pressures: do

Performance-Driven Interface Contract Enforcement for Scientific Components

Energy Technology Data Exchange (ETDEWEB)

Dahlgren, Tamara Lynn [Univ. of California, Davis, CA (United States)

2008-01-01

Performance-driven interface contract enforcement research aims to improve the quality of programs built from plug-and-play scientific components. Interface contracts make the obligations on the caller and all implementations of the specified methods explicit. Runtime contract enforcement is a well-known technique for enhancing testing and debugging. However, checking all of the associated constraints during deployment is generally considered too costly from a performance stand point. Previous solutions enforced subsets of constraints without explicit consideration of their performance implications. Hence, this research measures the impacts of different interface contract sampling strategies and compares results with new techniques driven by execution time estimates. Results from three studies indicate automatically adjusting the level of checking based on performance constraints improves the likelihood of detecting contract violations under certain circumstances. Specifically, performance-driven enforcement is better suited to programs exercising constraints whose costs are at most moderately expensive relative to normal program execution.

Heating Water with Solar Energy Costs Less at the Phoenix Federal Correctional Institution

Energy Technology Data Exchange (ETDEWEB)

2004-09-01

A large solar thermal system installed at the Phoenix Federal Correctional Institution (FCI) in 1998 heats water for the prison and costs less than buying electricity to heat that water. This renewable energy system provides 70% of the facility's annual hot water needs. The Federal Bureau of Prisons did not incur the up-front cost of this system because it was financed through an Energy Savings Performance Contract (ESPC). The ESPC payments are 10% less than the energy savings so that the prison saves an average of$6,700 per year, providing an immediate payback. The solar hot water system produces up to 50,000 gallons of hot water daily, enough to meet the needs of 1,250 inmates and staff who use the kitchen, shower, and laundry facilities.

Heating Water with Solar Energy Costs Less at the Phoenix Federal Correctional Institution

Energy Technology Data Exchange (ETDEWEB)

None

2004-09-01

A large solar thermal system installed at the Phoenix Federal Correctional Institution (FCI) in 1998 heats water for the prison and costs less than buying electricity to heat that water. This renewable energy system provides 70% of the facility's annual hot water needs. The Federal Bureau of Prisons did not incur the up-front cost of this system because it was financed through an Energy Savings Performance Contract (ESPC). The ESPC payments are 10% less than the energy savings so that the prison saves an average of $6,700 per year, providing an immediate payback. The solar hot water system produces up to 50,000 gallons of hot water daily, enough to meet the needs of 1,250 inmates and staff who use the kitchen, shower, and laundry facilities. This publication details specifications of the parabolic trough solar system and highlights 5 years of measured performance data.

Market Assessment for Capturing Water Conservation Opportunities in the Federal Sector; FINAL

International Nuclear Information System (INIS)

Parker, Graham B; McMordie-Stoughton, Katherine L; Sullivan, Gregory P; Elliott, Douglas B

2001-01-01

The Department of Energy's Federal Energy Management Program (FEMP) is considering the development of a technology-specific Super-Energy Saving Performance Contract (ESPC) for water conservation. Prior to the development however, FEMP requires the completion of a market assessment to better understand the water conservation opportunities and the strategies available for capturing them. Thus, this market assessment has been undertaken to evaluate the water conservation opportunities and answer the key questions necessary for FEMP to make recommendations on whether or not to proceed with strategies for water conservation primarily through the development of a water conservation technology-specific performance contract

Market Assessment for Capturing Water Conservation Opportunities in the Federal Sector

Energy Technology Data Exchange (ETDEWEB)

Parker, Graham B.; Mcmordie, Katherine; Sullivan, Gregory P.; Elliott, Douglas B.

2001-08-17

The Department of Energy's Federal Energy Management Program (FEMP) is considering the development of a technology-specific Super-Energy Saving Performance Contract (ESPC) for water conservation. Prior to the development however, FEMP requires the completion of a market assessment to better understand the water conservation opportunities and the strategies available for capturing them. Thus, this market assessment has been undertaken to evaluate the water conservation opportunities and answer the key questions necessary for FEMP to make recommendations on whether or not to proceed with strategies for water conservation primarily through the development of a water conservation technology-specific performance contract.

14 CFR 151.49 - Performance of construction work: Contract requirements.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Performance of construction work: Contract... § 151.49 Performance of construction work: Contract requirements. (a) Contract provisions. In addition to any other provisions necessary to ensure completion of the work in accordance with the grant...

PERFORMANCE-BASED CONTRACTING IN CONSTRUCTION PHASE AND MAINTENANCE PHASE OF PAVEMENT

Science.gov (United States)

Yoshida, Takeshi

Performance-based contracting for pavement in Japan started as performance warranties in construction phase, in 1999. Recently, road agencies have recognized the applicability of this type of contracting in outsourcing of maintenance activities. The objectives of this study are to clarify the issues of performance specifying in construction phase and maintenance phase of pavement, and to propose measures to be taken. This paper, with the recognition that the life of each pavement depends on performance standards for various attributes, reviews domestic and foreign examples of performance-based contracting. A performance standard based on the average of current practices can enhance product quality and service life with a warranty contract. Repair thresholds and response time for each deficiency should be considered as performance standards in maintenance phase.

A Business Case for Home Performance Contracting

Energy Technology Data Exchange (ETDEWEB)

Baechler, Michael C.; Antonopoulos, Chrissi A.; Sevigny, Maureen; Gilbride, Theresa L.; Hefty, Marye G.

2012-10-01

This report was prepared by PNNL for the DOE Building America program. The report provides information for businesses considering entering the home performance contracting industry. Metrics discussed include industry trends and drivers, specific points of entry, business models, startup costs, and marketing strategies. The report includes detailed analysis of eight businesses around the country that have successfully entered the home performance contracting industry. Data is provided on their financial structures, program participation, marketing efforts, and staff training. This report will be distributed via the DOE Building America website, www.buildingamerica.gov. Individual case studies will also be cleared separately.

Cost savings from performance-based maintenance contracting

NARCIS (Netherlands)

Straub, A.

2009-01-01

New procurement approaches combined with performance-based building approaches should reduce costs, but empirical qualitative and quantitative studies are lacking. Performance-based maintenance contracts give maintenance suppliers incentives to improve their way of working. Innovative,

A Guide to Performance Contracting. A Presentation and Discussion of the Multiple Considerations Regarding Contracted Services in Local Education Agencies.

Science.gov (United States)

Adams, John W.; Kitchak, Karen H.

This report provides a framework for evaluating the use of performance contracts. It serves as a working guide for those who are considering or are committed to performance contracts with public or private organizations. The topics cover (1) the theoretical basis and rationale of performance contracting, (2) the procurement model and the request…

Specific performance as a primary remedy in the South African law of contract

Directory of Open Access Journals (Sweden)

Jean Chrysostome Kanamugire

2015-07-01

Full Text Available Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract

A third generation of performance contracting in danish central government?

DEFF Research Database (Denmark)

Kristiansen, Mads Bøge

2017-01-01

This paper compares the content of performance contracts in Danish central government over time in order to identify whether – and if so, how – it develops. The analysis is conducted as a two-step, mixed methods study. First, a quantitative study was carried out based on a study of all performance...... contracts in Danish central government in 2002, 2006, 2009, 2012 and 2014. For each year, all performance contracts have been coded according to the number and type of targets included in them. A range of qualitative interviews was then carried out, and Ministry of Finance recommendations were consulted...... of outcomes has increased, activity-oriented targets have decreased, and targets for internal management decreased in the mid-2000s before again increasing more recently. On this basis, performance contracting in Danish central government is argued to have entered a third generation....

Contracts, Performance Measurement and Accountability in the Public Sector

DEFF Research Database (Denmark)

Drewry, Gavin; Greve, Carsten; Tanquerel, Thierry

This book addresses issues to do with public accountability, audit and performance measurement that are both highly topical and of crucial importance to the theory and practice of public administration in an era of contractualized public management. The literature on public sector contracting...... of audit and accountability in a variety of countries and contexts; the third part offers some wider, cross-cutting perspectives. Based on the work of the EGPA permanent study group on the history of contractualization, Contracts, Performance Measurement and Accountability in the Public Sector draws upon...... - covering both 'hard' agreements (ones that are legally enforceable) and 'soft' agreements (enforced by negotiation and mutual trust) - has been growing for some time and the present book adds a primarily European perspective on contracting, performance-based management and accountability. One important...

Maintaining a Viable Energy Savings Performance Contract

National Research Council Canada - National Science Library

Weber, Katherine L; Huckeby, Michael A

2005-01-01

Substantial amounts of information are available on Energy Savings Performance Contract award requirements, measurement, and verification, but we have found very little information on the day-to-day...

Performance contracting to engage detoxification-only patients into continued rehabilitation.

Science.gov (United States)

Haley, Sean J; Dugosh, Karen Leggett; Lynch, Kevin G

2011-03-01

In 2006, only 18.7% of Delaware's detoxification patients were admitted to continuing recovery-oriented treatment within 30 days after discharge. In response, Delaware established financial contingencies to (1) maintain 90% detoxification occupancy, (2) make receipt of 10% of the facility's monthly reimbursement contingent on 25% of patients entering treatment, and (3) provide a $500 bonus for every patient with three or more prior detoxification visits who was retained in treatment. Under the performance contract, the detoxification provider (1) maintained the 90% occupancy requirement, (2) achieved the 25% treatment entry target for 7 of 12 months, and (3) observed only 8% (27/337) of detoxification completions that met the targeted length of stay. Continuation to and retention in treatment was even more constrained for patients with three or more prior detoxifications. Contrary to the policy intent, the number of patients with three or more detoxifications in fiscal year (FY) 2008 is nearly triple that of FY 2006. The modest gain in the transition rate was achieved without changes in patient access; the FY 2008 patient population reported significantly higher rates of homelessness and a younger age of first use than before the performance contract in FY 2006. Performance contracting may offer promise for improving transition to treatment rates. However, the unique needs of detoxification patients, the treatment capacity of each level of care to meet patient needs, and the structure of the performance contract must be carefully considered. Performance contracting efforts may be strengthened when service contracts across the system are tightly synchronized. Copyright © 2011 Elsevier Inc. All rights reserved.

Performance-based contracting for maintaining transportation assets with emphasis on bridges

Directory of Open Access Journals (Sweden)

Alsharqawi Mohammed

2017-01-01

Full Text Available With a large number of aging transportation infrastructure assets in North America and the growing problem of deterioration across the globe, managing these assets have been the subject of ongoing research. There is an overwhelming amount of maintenance and rehabilitation works to be done and selecting a suitable maintenance, repair or replacement (MRR strategy is one of the most challenging tasks for decision makers. Limited budget and resources are even making the decision making process more challenging. Maintaining infrastructure to the highest possible condition while investing the minimal amount of money has promoted innovative contracting approaches. Transportation agencies have increased private sector involvement through long term performance-based maintenance contracts or what is called Performance-Based Contracting. PBC is a type of contract that pays a contractor based on the results achieved, not on the methods for performing the maintenance work. By looking into the literature, it is observed that agencies are expanding the amount of contracting they do in order to maintain and achieve a better standard of infrastructure facilities. Therefore, the objective of this paper is to study and review performance-based contracting for transportation infrastructure with emphasis on bridge assets.

Explaining the contract terms of energy performance contracting in China: The importance of effective financing

International Nuclear Information System (INIS)

Li, Yan; Qiu, Yueming; Wang, Yi David

2014-01-01

Energy service company (“ESCO”) uses Energy Performance Contracting (“EPC”) to provide energy-saving services to its clients. Under an EPC, both ESCO and the client invest in the energy efficiency measures, according to a negotiated share of investment. Within the length of the contract, the ESCO and its client divide up the saved energy bill according to a negotiated share. Once the contract expires, the client claims all of the saved energy bills if the energy efficiency measures still last. Different EPC projects have different contract terms, including total investment, share of investment and length of contract. These contract terms directly determine the resulted energy savings. Thus it is essential and important to look at how these contract terms are formed and what are the major influencing factors. This paper first builds a theoretical bargain model between ESCO and its client to find out the structural relationship among these contract terms. Then, using the information of about 140 EPC contracts in China in 2010 and 2011, the paper empirically estimates the impacts of various factors on the contract terms and the resulted energy savings. We find that cost of capitals for ESCOs and the clients, especially for ESCOs, is a major factor influencing contract terms and the resulted energy savings. Thus providing effective financing is critical for the development of EPC in China. - Highlights: • We build a theoretical bargain model between an ESCO and its client. • We empirically quantify the impacts of various factors on EPC contract terms. • Cost of capital is a key factor determining EPC contract terms. • Providing effective financing, especially for ESCOs is important

Performance Contracting as a Performance Management Tool in the Public Sector in Kenya: Lessons of learning

Science.gov (United States)

Hope, Kempe Ronald, Sr.

2013-01-01

The purpose of this article is to provide an assessment and analysis of public sector performance contracting as a performance management tool in Kenya. It aims to demonstrate that performance contracting remains a viable and important tool for improving public sector performance as a key element of the on-going public sector transformation…

Performance-based contracts for road projects comparative analysis of different types

CERN Document Server

Gajurel, Ashish

2014-01-01

This book focuses on the aspects of contracting contracts, basically related to road construction and management contracts. The book presents an analytical study of Performance-Based Road Management and Maintenance (PMMR), Funktionsbauvertrag (FBV) (Function-Based Construction Contract) and Public Private Partnerships (PPP). A separate chapter is also included about the comparative study of these contract types. The book provides useful material for university libraries, construction companies and government departments of construction.

48 CFR 52.222-49 - Service Contract Act-Place of Performance Unknown.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Service Contract Act-Place... Provisions and Clauses 52.222-49 Service Contract Act—Place of Performance Unknown. As prescribed in 22.1006(f), insert the following clause: Service Contract Act—Place of Performance Unknown (MAY 1989) (a...

Network meta-analyses performed by contracting companies and commissioned by industry

NARCIS (Netherlands)

Schuit, Ewoud; Ioannidis, John P A

2016-01-01

Background: Industry commissions contracting companies to perform network meta-analysis for health technology assessment (HTA) and reimbursement submissions. Our objective was to estimate the number of network meta-analyses performed by consulting companies contracted by industry, to assess whether

The evaluation of a 4000-home geothermal heat pump retrofit at Fort Polk, Louisiana: Final Report

Energy Technology Data Exchange (ETDEWEB)

Hughes, P.J.; Shonder, J.A.

1998-03-01

This report documents an independent evaluation of an energy retrofit of 4,003 family housing units at Fort Polk, Louisiana, under an energy savings performance contract (ESPC). Replacement of the heating, cooling, and water heating systems in these housing units with geothermal heat pumps (GHPs) anchored the retrofit; low-flow shower heads and compact fluorescent lighting were also installed, as well as attic insulation where needed. Statistically valid findings indicate that the project will save 25.8 million kWh, or 32.5% of the pre-retrofit whole-community electrical consumption, and 100% of the whole-community natural gas previously used for space conditioning and water heating (260,000 therms) in a typical meteorological year. At the end-use level, the GHPs were found to save about 42% of the pre-retrofit electrical consumption for heating, cooling, and water heating in housing units that were all-electric in the pre-retrofit period. This report also demonstrates an improved method of predicting energy savings. Using an engineering model calibrated to pre-retrofit energy use data collected in the field, the method predicted actual energy savings on one of the electric feeders at Fort Polk with a very high degree of accuracy. The accuracy of this model was in turn dependent on data-calibrated models of the geothermal heat pump and ground heat exchanger that are described in this report. In addition this report documents the status of vertical borehole ground heat exchanger (BHEx) design methods at the time this project was designed, and demonstrates methods of using data collected from operating GHP systems to benchmark BHEx design methods against a detailed engineering model calibrated to date. The authors also discuss the ESPC`s structure and implementation and how the experience gained here can contribute to the success of future ESPCs.

Evaluation model based on FAHP for nuclear power project contract performance

International Nuclear Information System (INIS)

Liu Bohang; Cheng Jing

2012-01-01

Fuzzy Comprehensive Evaluation is a common tool to analyze comprehensive integration. Fuzzy Analytic Hierarchy Process is an improvement for Analytic Hierarchy Process. Firstly the paper pointed out the concept of FAHP, and then used FAHP to setup an evaluation system model for nuclear power project contract performance. Based on this model, all the evaluation factors were assigned to different weightiness. By weighting the score of each factor, output would be the result which could evaluate the contract performance. On the basis of the research, the paper gave the principle of evaluating contract performance of nuclear power suppliers, which can assure the procurement process. (authors)

14 CFR 151.47 - Performance of construction work: Letting of contracts.

Science.gov (United States)

2010-01-01

... Development Projects § 151.47 Performance of construction work: Letting of contracts. (a) Advertising required... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Performance of construction work: Letting... project, each contract for construction work on a project in the amount of more than $2,000 must be...

LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Directory of Open Access Journals (Sweden)

Reifon Cristabella Eventia

2017-09-01

Full Text Available Build, Operate and Transfer (BOT represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

48 CFR 47.207-2 - Duration of contract and time of performance.

Science.gov (United States)

2010-10-01

... performance of segments of a major job; e.g., an office relocation for which the work phases must be... time of performance. 47.207-2 Section 47.207-2 Federal Acquisition Regulations System FEDERAL...-Related Services 47.207-2 Duration of contract and time of performance. The contracting officer shall— (a...

A performance incentive contract that pays off for all parties

International Nuclear Information System (INIS)

Krummrich, C.R.; Johnston, R.E.; Crist, T.W.

1995-01-01

The Western Business Unit Bakersfield drilling department of Chevron, U.S.A. Production Company developed a drilling performance incentive contract that was implemented during 1994 in the Lost Hills field of California. The performance incentive contract (PIC) financially rewarded all of the drilling contractor's rig employees for outperforming pre-established drilling performance goals. The key elements of the performance incentive program are: (1) Goals that rigger incentives are based on cost categories that are controllable by the drilling team; (2) Goals were established using a database of past years performance; (3) Goals that are not achieved negatively impact the incentive earned in an effort to deter repeated errors; (4) Accidents that occur on the job negatively impact the incentive earned; (5) Administration of the program is not time consuming. The results of using an incentive contract in the Lost Hills drilling program are: (1) Time and cost of operations are reduced; (2) The results are measurable and repeatable; (3) A team environment develops in which ideas are shared and acted upon by crew members and supervisory personnel

The Use of Performance Incentives in DOD Contracting

National Research Council Canada - National Science Library

Hildebrandt, Gregory G

1998-01-01

.... Such contracts may have renewed policy relevance today because of both the change from detailed design-to-performance specifications and the implementation of Cost as an Independent Variable (CAIV...

Analysis of return on investment for Naval air station fallon energy project Alternatives

Science.gov (United States)

2017-06-01

Manager (Justin Sielsch, personal communication ). Lack of in-house skill related to HVAC retrofits would require substantial effort by Public Works ...bill. An ESPC project is financed by the contractor performing the work . The contractor guarantees a certain annual energy savings because of their... work . The Navy installation uses the annual savings from its energy budget to pay back the contractor. ESPCs include contractor performance

Learning Contracts in Undergraduate Courses: Impacts on Student Behaviors and Academic Performance

Science.gov (United States)

Frank, Timothy; Scharf, Lauren F. V

2013-01-01

This project studied the effect of individualized, voluntary learning contracts for 18 students who performed poorly in the first part of the semester. Contracts were hypothesized to increase commitment and motivation, and lead to changes in behaviors and course performance. Self-reported prioritization and learning-related behaviors (completion…

Defense Department Profit and Contract Finance Policies and Their Effects on Contract and Contractor Performance

National Research Council Canada - National Science Library

Arnold, Scot A; Harmon, Bruce R; Tyson, Karen W; Fasana, Kenton G; Wait, Christopher S

2009-01-01

.... The goal of profit policy is a contract price that reimburses the contractor for its costs, provides the necessary incentives to yield beneficial performance, and provides the contractor with sufficient risk reward...

Defense Department Profit and Contract Finance Policies and Their Effects on Contract and Contractor Performance

National Research Council Canada - National Science Library

Arnold, Scot A; Harmon, Bruce R; Tyson, Karen W; Fasana, Kenton G; Wait, Christopher S

2008-01-01

.... The goal of profit policy is a contract price that reimburses the contractor for its costs, provides the necessary incentives to yield beneficial performance, and to provide the contractor with sufficient risk reward...

Building America Energy Renovations. A Business Case for Home Performance Contracting

Energy Technology Data Exchange (ETDEWEB)

Baechler, Michael C. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Antonopoulos, C. A. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Sevigny, M. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Gilbride, T. L. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Hefty, M. G. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States)

2012-10-01

This research report gives an overview of the needs and opportunities that exist in the U.S. home performance contracting industry. The report discusses industry trends, market drivers, different business models, and points of entry for existing and new businesses hoping to enter the home performance contracting industry. Case studies of eight companies who successfully entered the industry are provided, including business metrics, start-up costs, and marketing approaches.

Contractual Alliance Governance: Impact of Different Contract Functions on Alliance Performance

NARCIS (Netherlands)

Faems, D.L.M.; Alberink, Rutger; Groen, Arend J.; Klein Woolthuis, Rosalinde

2010-01-01

Recent research on alliance governance has emphasized that contracts can have both a control and coordination function. In this paper, we test the impact of these different contract functions on alliance performance. Conducting structural equation analyses on a sample of 270 Dutch technology

Use of performance standards in behavioral health carve-out contracts among Fortune 500 firms.

Science.gov (United States)

Merrick, E L; Garnick, D W; Horgan, C M; Goldin, D; Hodgkin, D; Sciegaj, M

1999-06-25

To determine the prevalence and nature of performance standards in specialty managed behavioral healthcare contracts among Fortune 500 companies. This was a cross-sectional survey of all companies listed on the Fortune 500 during 1994, 1995, or both. From April 1997 to May 1998 we conducted a mailed survey with phone follow-up. Of the 68% of firms that responded, over one third reported carve-out contracts. The survey focused on whether companies had behavioral health carve-out contracts with specialty vendors and characteristics of these contracts, including the use of performance standards. More than three quarters of the Fortune 500 companies reporting specialty behavioral healthcare contracts used at least one performance standard. Most common were administrative standards (70.2%) and customer service standards (69.4%). About half of the companies used quality standards, whereas only a third used provider-related standards. Most (58.8%) companies using performance standards also specified financial consequences. Larger Fortune 500 firms were significantly more likely to use performance standards. Risk contracts and contracts that included all covered employees were also more likely to include some categories of standards. Administrative and customer service standards may be most common because companies find it easier to specify those standards, especially compared with clinical quality measures. To the extent that employers want to obtain the most value from their behavioral healthcare purchasing, we expect that more will begin to adopt quality standards in their contracts, especially as performance measures become more refined. Reliance on accreditation, however, is an alternative approach for employers.

Using performance-based contracts to foster innovation in outsourced service delivery

NARCIS (Netherlands)

Sumo, Regien; van der Valk, Wendy; Duijsters, Geert; van Weele, Arjan

2016-01-01

While many scholars claim that Performance-based Contracts (PBCs) foster supplier-led innovation, empirical research into their actual use and effects remains limited. We therefore explore two cases of IT outsourcing through such contracts to see whether, and if so how, PBCs foster innovation. Our

Innovative procurement frameworks for energy performance contracting in the UK public sector

OpenAIRE

Nolden, Colin; Sorrell, Steve; Polzin, Friedemann

2015-01-01

Procurement Frameworks for Energy Performance Contracting (PFEPCs) simplify the process of negotiating, developing and implementing Energy Performance Contracts (EPCs) with Energy Service Companies (ESCOs). This paper analyses their role in promoting the implementation of cost-effective energy efficiency measures in the UK public sector. Compared to conventional approaches to procuring goods and services involving detailed specifications, PFEPCs translate the challenge of upgrading, retrofitt...

Analysis of Air Force Wartime Contracted Construction Project Performance

Science.gov (United States)

2015-03-26

KPIs ) identified in current literature. Chan’s meta-analysis of KPIs found that time and cost are the primary objective indicators of a successful...Smith, Currie & Hancock, 2009). 46 Key performance indicators ( KPI ) were also used as input factors to analyze differences between contracts...Chan, et al. (2002) performed a meta-analysis of KPIs , as determined by construction researchers. They found that the most predictive performance

Managing wind turbine reliability and maintenance via performance-based contract

DEFF Research Database (Denmark)

Jin, Tongdan; Ding, Yi; Guo, Huairui

2012-01-01

between system cost, reliability and spare parts stocking. This analytical insight into the system performance allows the turbine manufacturer to optimize design, production, and after-sales services. The study aims to create a theoretical basis to facilitate the transition of the maintenance paradigm......Performance-based contracting (PBC) is reshaping the acquisition, operation, and maintenance of capital equipment. Under the PBC scheme, we propose a holistic approach for lowering the cost of wind turbine ownership while meeting the availability requirement. Our effects are focused on integrated...... firms who design and market wind turbines, and also provide maintenance and repair service. PBC differs from conventional service contracts in that the wind farmers compensate the service provider for the system performance, not the spare parts and repair labor. We explore the analytical relationship...

Framing Performance Magic: The Role of Contract, Discourse and Effect

Directory of Open Access Journals (Sweden)

Landman, Todd

2013-10-01

Full Text Available A wide continuum of genres in performance magic has developed since the Victorian period, including stage magic, street magic, close-up magic, comedy magic, mentalism, bizarre and mystery entertainment. Each of these genres frames its performance on a different contract between the performer and the audience, the discourse used during performance and the effect on the audience both in terms of its perception of what has transpired and the personal meaning attached to the effect. This article examines this interplay between contract, discourse and effect in theory and practice. The article constructs a typology of performance magic which is then explored through an examination of audience perception and feedback from a drama workshop and focus group conducted at the University of Huddersfield in October 2012. The group experienced three performances framed around the idea of the magician, the mentalist, and the mystic, and the ensuing discussion revealed a wide range of insights into these different framings of performance. The reactions and ensuing discussions involved different understandings of trust, plausibility, explanation, authority, and dynamic interaction.

Performance Optimization of Tensor Contraction Expressions for Many Body Methods in Quantum Chemistry

International Nuclear Information System (INIS)

Hartono, Albert; Lu, Qingda; Henretty, Thomas; Krishnamoorthy, Sriram; Zhang, Huaijian; Baumgartner, Gerald; Bernholdt, David E.; Nooijen, Marcel; Pitzer, Russell M.; Ramanujam, J.; Sadayappan, Ponnuswamy

2009-01-01

Complex tensor contraction expressions arise in accurate electronic structure models in quantum chemistry, such as the coupled cluster method. This paper addresses two complementary aspects of performance optimization of such tensor contraction expressions. Transformations using algebraic properties of commutativity and associativity can be used to significantly decrease the number of arithmetic operations required for evaluation of these expressions. The identification of common subexpressions among a set of tensor contraction expressions can result in a reduction of the total number of operations required to evaluate the tensor contractions. The first part of the paper describes an effective algorithm for operation minimization with common subexpression identification and demonstrates its effectiveness on tensor contraction expressions for coupled cluster equations. The second part of the paper highlights the importance of data layout transformation in the optimization of tensor contraction computations on modern processors. A number of considerations such as minimization of cache misses and utilization of multimedia vector instructions are discussed. A library for efficient index permutation of multi-dimensional tensors is described and experimental performance data is provided that demonstrates its effectiveness.

Performance Optimization of Tensor Contraction Expressions for Many Body Methods in Quantum Chemistry

International Nuclear Information System (INIS)

Krishnamoorthy, Sriram; Bernholdt, David E.; Pitzer, R.M.; Sadayappan, Ponnuswamy

2009-01-01

Complex tensor contraction expressions arise in accurate electronic structure models in quantum chemistry, such as the coupled cluster method. This paper addresses two complementary aspects of performance optimization of such tensor contraction expressions. Transformations using algebraic properties of commutativity and associativity can be used to significantly decrease the number of arithmetic operations required for evaluation of these expressions. The identification of common subexpressions among a set of tensor contraction expressions can result in a reduction of the total number of operations required to evaluate the tensor contractions. The first part of the paper describes an effective algorithm for operation minimization with common subexpression identification and demonstrates its effectiveness on tensor contraction expressions for coupled cluster equations. The second part of the paper highlights the importance of data layout transformation in the optimization of tensor contraction computations on modern processors. A number of considerations, such as minimization of cache misses and utilization of multimedia vector instructions, are discussed. A library for efficient index permutation of multidimensional tensors is described, and experimental performance data is provided that demonstrates its effectiveness.

Collaboration in Action: Measuring and Improving Contracting Performance in the University of California Contracting Network

Science.gov (United States)

Tran, Tam; Bowman-Carpio, LeeAnna; Buscher, Nate; Davidson, Pamela; Ford, Jennifer J.; Jenkins, Erick; Kalay, Hillary Noll; Nakazono, Terry; Orescan, Helene; Sak, Rachael; Shin, Irene

2017-01-01

In 2013, the University of California, Biomedical Research, Acceleration, Integration, and Development (UC BRAID) convened a regional network of contracting directors from the five University of California (UC) health campuses to: (i) increase collaboration, (ii) operationalize and measure common metrics as a basis for performance improvement…

Incorporating Non-energy Benefits into Energy Savings Performance Contracts

Energy Technology Data Exchange (ETDEWEB)

Larsen, Peter; Goldman, Charles; Gilligan, Donald; Singer, Terry

2012-06-01

This paper evaluates the issue of non-energy benefits within the context of the U.S. energy services company (ESCO) industry?a growing industry comprised of companies that provide energy savings and other benefits to customers through the use of performance-based contracting. Recent analysis has found that ESCO projects in the public/institutional sector, especially at K-12 schools, are using performance-based contracting, at the behest of the customers, to partially -- but not fully -- offset substantial accumulated deferred maintenance needs (e.g., asbestos removal, wiring) and measures that have very long paybacks (roof replacement). This trend is affecting the traditional economic measures policymakers use to evaluate success on a benefit to cost basis. Moreover, the value of non-energy benefits which can offset some or all of the cost of the non-energy measures -- including operations and maintenance (O&M) savings, avoided capital costs, and tradable pollution emissions allowances-- are not always incorporated into a formal cost-effectiveness analysis of ESCO projects. Nonenergy benefits are clearly important to customers, but state and federal laws that govern the acceptance of these types of benefits for ESCO projects vary widely (i.e., 0-100percent of allowable savings can come from one or more non-energy categories). Clear and consistent guidance on what types of savings are recognized in Energy Savings agreements under performance contracts is necessary, particularly where customers are searching for deep energy efficiency gains in the building sector.

What encourages local authorities to engage with energy performance contracting for retrofitting? Evidence from German municipalities

International Nuclear Information System (INIS)

Polzin, Friedemann; Flotow, Paschen von; Nolden, Colin

2016-01-01

Municipalities aiming at mitigating climate change by implementing new energy efficiency technologies face budgetary and capacity constraints. Outsourcing through energy service contracting could provide a solution. This paper reports results from a survey of 1298 municipalities concerning barriers to retrofitting public street lighting and the possible role of energy service contracting to overcome these barriers. Using a logistic regression analysis, the authors investigate determinants of opting for energy service contracts in the specific context of LED retrofits. Results point to an advantage of outsourcing in a financially and capacity-constrained environment, which corresponds with the main reasons for engaging in contracting: minimising investments and financial risks. However, municipalities often do not fully grasp the risks associated with retrofitting especially using a novel technology such as LED. In relation to that they underestimate the risk reduction potential of energy performance contracts (EPC). Previous experience with outsourcing increases the probability to engage in servitization although certain existing partnerships, particularly with utilities, prevent municipalities from considering energy performance contracts. Interestingly, engaging an energy consultant has a negative propensity to use energy service contracts, while pre-negotiated standardised contracts for energy performance contracts have a positive influence. - Highlights: •Barriers to retrofitting can be addressed through energy performance contracts (EPC). •Outsourcing has the potential to alleviate personnel and financial constraints. •Standardised contracts and previous experience with outsourcing facilitate use of EPC. •Engaging energy consultants has a negative influence on the willingness to adopt EPC. •Policy makers could support facilitators and standard contracts to boost EPC market.

The effects of area contraction on the performance of UNITEN's shock tube: Numerical study

International Nuclear Information System (INIS)

Mohsen, A M; Yusoff, M Z; Al-Falahi, A

2013-01-01

Numerical study into the effects of area contraction on shock tube performance has been reported in this paper. The shock tube is an important component of high speed fluid flow test facility was designed and built at the Universiti Tenaga Nasional (UNITEN). In the above mentioned facility, a small area contraction, in form of a bush, was placed adjacent to the diaphragm section to facilitate the diaphragm rupturing process when the pressure ratio across the diaphragm increases to a certain value. To investigate the effects of the small area contraction on facility performance, numerical simulations were conducted at different operating conditions (diaphragm pressure ratios P 4 /P 1 of 10, 15, and 20). A two-dimensional time-accurate Navier-Stokes CFD solver was used to simulate the transient flow in the facility with and without area contraction. The numerical results show that the facility performance is influenced by area contraction in the diaphragm section. For instance, when operating the facility with area contraction using diaphragm pressure ratio (P 4 /P 1 ) of 10, the shock wave strength and shock wave speed decrease by 18% and 8% respectively.

PERFORMANCE OF INTEGRATED CONTRACT AND INDEPENDENT BROILER PRODUCTION IN EAST LOMBOK, WEST NUSA TENGGARA

Directory of Open Access Journals (Sweden)

B. Indarsih

2012-03-01

Full Text Available This study was undertaken to evaluate the performance of vertical integration and independent poultry producers in East Lombok, West Nusa Tenggara, during the period July to September 2011. Data was collected from a primary field survey of integrated contract and independent producers. The sample producers were interviewed to collect the required data using a questioner. Supporting data were obtained from the relevant institution, and poultry association. Thirty integrated contract and fourteen independent growers were involved to measure farms performance with references on numerical performance (NP and farmer returns. This study indicates that the NP of integrated contract and independent farms were 315.7 and 317.1, respectively, both was higher than the standard that is 200. Returns for integrated contract farmers were lower than the independent when calculated based on the production cycle when this study was undertaken. Integrated contract farmers were attractive to various types of professions, the graduated people of university or college (43.3% was the most, whilst independent farmers were dominated by senior high school (50% with higher experience which was more than 20 years.

Integration of Multiple Contractors with Performance Type of Contracts

International Nuclear Information System (INIS)

BURDGE, L.F.

2000-01-01

The management practices, procedures, and processes that are suited to managing Management and Operation (MandO) type of contracts at Department of Energy (DOE) sites, which were cost reimbursement with award fee, are not well suited to managing contracts where fee is determined by performance metrics. Thus a different style of management, requiring substantial revamping of the management process, is needed. This shift in philosophy also requires a dramatic shift in culture. This paper will describe how these changes are being managed at the River Protection Project (RPP), located at the DOE's Hanford Site in Washington State, one of DOE's largest and highest risk environmental clean-up project

The Performance Contracting Concept, Appendix: A Critique of the Theory

National Research Council Canada - National Science Library

Stucker, James P

1971-01-01

.... A. Simon, and Optimal Rewards in Incentive Systems, a Ph.D. dissertation by C. N. Yowell, Jr. These analyses could provide a foundation for a fully articulated theory of performance contracting...

Performance-based contracting in public procurement of developing countries

NARCIS (Netherlands)

Ambaw, Baynesagn Asfaw

2017-01-01

This research is focused on the application of Performance-based Contracting (PBC) in public procurement system of developing countries. We define five research objectives (ROs) that focus on this common issue. The first objective (RO1) mainly deals with the theory behind and the theoretical

Performance-based contracting in home-care work in The Netherlands: professionalism under pressure?

Science.gov (United States)

Oomkens, Rosanne; Hoogenboom, Marcel; Knijn, Trudie

2016-07-01

Our aim was to improve the understanding of the relationships between performance-based contracting, management supportiveness and professionalism in home care. Using path analysis, this article explores the relationships between home-care workers' perceptions of management support, implementation of performance-based contracting (i.e. use of strict time registration rules and cost-efficiency measures) and autonomy and intrinsic job satisfaction. We hypothesised that: use of strict time registration rules and cost-efficiency measures relates to lower levels of autonomy and intrinsic job satisfaction (H1); there is an indirect relationship between use of strict time registration rules and use of cost-efficiency measures and intrinsic job satisfaction via autonomy (H2); higher levels of management support relate to the use of looser time registration rules and less use of cost-efficiency measures (H3); and higher levels of management support relate to higher levels of autonomy and intrinsic job satisfaction (H4). We used data from a cross-sectional survey conducted in 2010 of a sample of Dutch home-care workers (N = 156, response rate = 34%). Overall, our study suggests that the consequences of performance-based contracting for professionalism are ambiguous. More specifically, using strict time registration rules is related to lower levels of autonomy, whereas using cost-efficiency measures does not seem to affect autonomy (H1). Performance-based contracting has no consequences for the level of fulfilment home-care workers find in their job, as neither of the two contracting dimensions measured was directly or indirectly related to intrinsic job satisfaction (H1, H2). The role of managers must be taken into account when studying performance-based contracting, because perceived higher management support is related to managers' less frequent use of both strict time registration rules and of cost-efficiency measures (H3). The insight we gained into the importance of

Empirical Study on Annual Energy-Saving Performance of Energy Performance Contracting in China

Directory of Open Access Journals (Sweden)

Hongquan Ruan

2018-05-01

Full Text Available A lack of trust in Energy Service Company (ESCo is the most critical factor affecting the development of Energy Performance Contracting (EPC in China, compared with other constraints. One cannot easily estimate the energy-saving performance of an EPC project. Under that condition, lack of trust may cause the Energy-Consuming Unit (ECU to suspect the energy-saving performance promised by the ESCo, thus leaving potentially profitable projects without necessary funding. Currently, specific studies taking an across-projects viewpoint on annual energy-saving performance of EPC projects in multiple subsectors, objectively and quantitatively, are lacking. This paper studies the regression relationships of annual energy-saving quantity in terms of revamping cost and the regression relationships of annual cost saving in terms of revamping cost. The regression results show that there are statistically significant correlations in the above relationships in the nine subsectors investigated. This is significant for ESCos and ECUs, because knowledge on energy-saving performance could contribute to EPC investment decisions and trust relationships between ESCos and ECUs. Then, a multiple linear regression model of revamping cost is set up to analyze its influencing factors. The model indicates that the subsector the sample belongs to, financing, registered capital of the ESCo, and contract period have significant effects on revamping cost. Thus, policy implications regarding innovation of EE promotion technology, clarifying ESCos’ exit mechanism, innovation of financing mechanism, and improving the market credit environment for promoting investment in EPC projects, are provided.

Federal technology alert. Parabolic-trough solar water heating

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-04-01

Parabolic-trough solar water heating is a well-proven renewable energy technology with considerable potential for application at Federal facilities. For the US, parabolic-trough water-heating systems are most cost effective in the Southwest where direct solar radiation is high. Jails, hospitals, barracks, and other facilities that consistently use large volumes of hot water are particularly good candidates, as are facilities with central plants for district heating. As with any renewable energy or energy efficiency technology requiring significant initial capital investment, the primary condition that will make a parabolic-trough system economically viable is if it is replacing expensive conventional water heating. In combination with absorption cooling systems, parabolic-trough collectors can also be used for air-conditioning. Industrial Solar Technology (IST) of Golden, Colorado, is the sole current manufacturer of parabolic-trough solar water heating systems. IST has an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with the Federal Energy Management Program (FEMP) of the US Department of Energy (DOE) to finance and install parabolic-trough solar water heating on an Energy Savings Performance Contract (ESPC) basis for any Federal facility that requests it and for which it proves viable. For an ESPC project, the facility does not pay for design, capital equipment, or installation. Instead, it pays only for guaranteed energy savings. Preparing and implementing delivery or task orders against the IDIQ is much simpler than the standard procurement process. This Federal Technology Alert (FTA) of the New Technology Demonstration Program is one of a series of guides to renewable energy and new energy-efficient technologies.

[The Brazilian National Health Surveillance Agency performance evaluation at the management contract model].

Science.gov (United States)

Moreira, Elka Maltez de Miranda; Costa, Ediná Alves

2010-11-01

The Brazilian National Health Surveillance Agency (Anvisa) is supervised by the Ministry of Health by means of a management contract, a performance evaluation tool. This case study was aimed at describing and analyzing Anvisa's performance evaluation model based on the agency's institutional purpose, according to the following analytical categories: the management contract formalization, evaluation tools, evaluators and institutional performance. Semi-structured interviews and document analysis revealed that Anvisa signed only one management contract with the Ministry of Health in 1999, updated by four additive terms. The Collegiate Board of Directors and the Advisory Center for Strategic Management play the role of Anvisa's internal evaluators and an Assessing Committee, comprising the Ministry of Health, constitutes its external evaluator. Three phases were identified in the evaluation model: the structuring of the new management model (1999-2000), legitimation regarding the productive segment (2001-2004) and widespread legitimation (2005). The best performance was presented in 2000 (86.05%) and the worst in 2004 (40.00%). The evaluation model was shown to have contributed little towards the agency's institutional purpose and the effectiveness measurement of the implemented actions.

PERFORMANCE OF INTEGRATED CONTRACT AND INDEPENDENT BROILER PRODUCTION IN EAST LOMBOK, WEST NUSA TENGGARA

Directory of Open Access Journals (Sweden)

B. Indarsih

2014-10-01

Full Text Available This study was undertaken to evaluate the performance of vertical integration and independentpoultry producers in East Lombok, West Nusa Tenggara, during the period July to September 2011.Data was collected from a primary field survey of integrated contract and independent producers. Thesample producers were interviewed to collect the required data using a questioner. Supporting data wereobtained from the relevant institution, and poultry association. Thirty integrated contract and fourteenindependent growers were involved to measure farm’s performance with references on numericalperformance (NP and farmer’ returns. This study indicates that the NP of integrated contract andindependent farms were 315.7 and 317.1, respectively, both was higher than the standard that is 200.Returns for integrated contract farmers were lower than the independent when calculated based on theproduction cycle when this study was undertaken. Integrated contract farmers were attractive to varioustypes of professions, the graduated people of university or college (43.3% was the most, whilstindependent farmers were dominated by senior high school (50% with higher experience which wasmore than 20 years.

FEMP Focus - Summer 2005

Energy Technology Data Exchange (ETDEWEB)

None

2005-09-15

Features information about discrepancy between guaranteed Savings in ESPC Projects and Utility Bills, Super ESPC provides energy savings to FDA Office/Lab Complex, VA Medical Center Uses Super ESPC for Solar, Coast Guard Air Station Cape Cod Demonstrates Successful Fuel Cell, FEMP Conducts E-Learning Energy Training, and more for federal agencies.

Two 'hot buttons' in gas contracting: security performance and force majeure

International Nuclear Information System (INIS)

Park, J.J.

1996-01-01

Two important developments in gas contracting issues are the 'force majeure' provisions and security for performance clauses. 'Force majeure' was defined as any acts of God or any acts of omission by a transporter of gas, which is excused by any event not within the control of the party claiming suspension. 'Force majeure' provisions need to be specifically negotiated in every case. These issues often arise in gas contracting situations, but the nature of Canada's non-litigious oil and gas industry is such that we have had little or no Canadian case law to assist in interpreting what these clauses mean. The 'force majeure' clause is basically meant to protect the parties from events outside normal business risk. The security of performance issue arises when the obligation of a supplier of gas to perform, and the obligation of a buyer of gas to pay, is unsecured, as would be the case for example, if one of the parties becomes bankrupt

State-Andra performance contract 2017-2021

International Nuclear Information System (INIS)

2017-12-01

After a brief presentation of the ANDRA and of its missions, of challenges faced by this agency in the elaboration of the performance contract in addressing waste issues, the role of time and life cycle for storages, and the collaboration with territories, this publication presents ANDRA's objectives for the period 2017-2021 according to six main strategic axes: to conduct a transformation of the agency, to set the environment and dialogue with society at the core of its action, to make Cigeo a collective success, to confirm the ANDRA's industrial excellence and to contribute the one of the whole sector, to develop, capitalise and transmit knowledge, to develop the public agency model as a reference for a safe waste management with a good and reasonable taking of challenges into account

Share Contract Choices and Economic Performance

DEFF Research Database (Denmark)

Salazar Espinoza, César Antonio

2015-01-01

framework, we estimate a dose-response function to study the formation of contracts and identify the marginal effects of changes in crew profit shares on fishing returns in Chilean artisanal fisheries. The results support share contract choices based on bargaining power, monitoring costs, technology, state...... of fishing resources, and outside options. We find significant effects of increasing crew profit shares on vessel owner returns in the interval (0.25, 0.65). The results vary across fisheries, however. While the effects are not significant in the fish group, they are larger and robust for molluscs...

A New Availability-Payment Model for Pricing Performance-Based Logistics Contracts

Science.gov (United States)

2014-05-01

Grant number: N00244‐13‐1‐0009 A New “Availability‐ Payment ”  Model  for Pricing Performance‐ Based Logistics Contracts A. KashaniPour, X. Zhu, P...DATE MAY 2014 2. REPORT TYPE 3. DATES COVERED 00-00-2014 to 00-00-2014 4. TITLE AND SUBTITLE A New ’Availability‐ Payment ’ Model for...is how the  payment   model  in the contract  quantifies the contractor’s  performance for awarding incentives  or penalties Discrete‐Event Simulator ut

From performance to performativity: The legitimization of US security contracting and its consequences.

Science.gov (United States)

Krahmann, Elke

2017-12-01

Discussions about the legitimacy of private security companies (PSCs) in multilateral military interventions abound. This article looks at how the United States has sought to legitimize the outsourcing of security services to PSCs through performance-based contracting and performance assessments. Both mechanisms aim to demonstrate the effective provision of publicly desirable outcomes. However, the immaterial and socially constructed nature of security presents major problems for performance assessments in terms of observable and measurable outcomes. Performance has therefore given way to performativity - that is, the repetitive enactment of particular forms of behaviour and capabilities that are simply equated with security as an outcome. The implications of this development for the ways in which security has been conceptualized, implemented and experienced within US interventions have been profound. Ironically, the concern with performance has not encouraged PSCs to pay increased attention to their impacts on security environments and civilian populations, but has fostered a preoccupation with activities and measurable capabilities that can be easily assessed by government auditors.

Bonneville Purchasing Instructions. Appendix 14A, Contracting Officer`s Technical Representatives` Guide for Services Contracts.

Energy Technology Data Exchange (ETDEWEB)

United States. Bonneville Power Administration.

1993-07-01

This guide outlines the duties of BPA personnel designated as Contracting Officers Technical Representatives (COTRs). The BPA Administrator gives contracting officers (COs) in BPA responsibility and authority for awarding and administering contracts. COs are authorized to designate other BPA employees to act as their representatives for purposes of contract administration, from the time of contract award until final receipt and acceptance of the contracted services. COTRs are the individuals primarily relied upon to perform technical contract administration functions. Similar functions for supply and construction contracts are performed by engineering representatives, construction inspectors, and inspectors. Although this Guide is written primarily with the COTR in mind, the concept and operation of teamwork is essential throughout the entire process of contract administration. The CO administers the contract during performance, but rarely has expertise in all of the relevant technical areas. Therefore, CO decisions rely on input from a team. The COTR is an indispensable member of that team. The instructions in this Guide are designed to facilitate this essential CO-COTR cooperation. COTR duties are usually additional to those required of the COTR in his or her assigned line organization. The COTR is still accountable to the line supervisor for performance of regularly-assigned duties. These duties are to be reflected appropriately in performance appraisals and job descriptions. For contract administration duties, however, the COTR reports directly to, and is accountable only to, the CO. The COTR`s supervisor must allow sufficient time to ensure that the COTR can adequately monitor the contract for technical compliance. This Guide is designed for COTRs who are performing service contract (including intergovernmental contract) administration functions as an adjunct to their normal technical duties.

Coordinating a Service Supply Chain under Arms Offset Program’s Intervention by Performance-Based Contracting

Directory of Open Access Journals (Sweden)

Yi-Kuei Lin

2016-01-01

Full Text Available This paper investigates a support service supply chain for coordinating with a local third-party logistics provider by arms offset program’s intervention and develops a performance-based contracting framework for the coordinating problem, which remains scarce in the literatures. The performance-based contracting framework evaluates payments and profits for the support service by a game-theoretical approach with principal-agent model. We prove that the proposed framework is an effective tool in acquiring the balance between maximum profit and minimum payment for both parties in the coordinating problem without moral hazard issue. A numerical study consolidates the formulated schemes as contracting preference for both parties’ decision with a higher profit margin at a lower customer’s payment.

Expanding Energy Performance Contracting in china: policy solutions and market mechanisms

Energy Technology Data Exchange (ETDEWEB)

Shen, Bo [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Price, Lynn [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Liu, Xu [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Meng, Lu [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Shi, Wenjing [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Evans, Meredydd [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Roshchanka, Volha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Yu, Sha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States)

2017-07-19

Energy performance contracting is an important market mechanism that uses energy savings to pay over time for the upfront costs of energy efficiency retrofits in buildings, industries, and other types of facilities. Through energy performance contracts (EPCs), Energy Service Companies (ESCOs) play an important role in implementing energy efficiency retrofits. Both China and the United States have large markets for EPCs and significant opportunities for growth. The Chinese government has made great efforts in promoting the country’s ESCO business and expanding its EPC markets. This paper makes a series of recommendations for China to adopt more ambitious policy measures to encourage deep energy savings projects via EPCs. These recommendations are built on initial insights from a white paper developed by researchers at the Pacific Northwest National Laboratory and the Lawrence Berkeley National Laboratory with the assistance from the ESCO Committee of China’s Energy Conservation Association (EMCA). Key recommendations are listed below.

31 CFR 538.406 - Exportation of services; performance of service contracts; legal services.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Exportation of services; performance of service contracts; legal services. 538.406 Section 538.406 Money and Finance: Treasury Regulations... SUDANESE SANCTIONS REGULATIONS Interpretations § 538.406 Exportation of services; performance of service...

Designation of Contracting Officers Representatives and Oversight Framework Could Be Improved for Contracts in Afghanistan

Science.gov (United States)

2016-08-30

Sea Systems issue guidance to contracting officers to obtain a quality assurance surveillance plan for all service contracts, and ensure that the...prepare a quality assurance surveillance plan (QASP) for service contracts in order to facilitate assessment of contractor performance.12 Furthermore...that the contracting activities received and paid for goods or services that did not meet contract performance standards. At the time of the audit

Administrative contracts

OpenAIRE

Vukićević-Petković Milica

2015-01-01

Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete u...

13 CFR 126.700 - What are the performance of work requirements for HUBZone contracts?

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What are the performance of work... ADMINISTRATION HUBZONE PROGRAM Contract Performance Requirements § 126.700 What are the performance of work... meet the performance of work requirements set forth in § 125.6(c) of this chapter. (b) In addition to...

The economical contracting management in Agricultural Cooperatives: tools for evaluating their performance.

Directory of Open Access Journals (Sweden)

Rafael Enrique Viña Echevarría

2014-06-01

Full Text Available The economic and management contracts involve strategic actions, legal and operational purposes that make possible to convert the goal of an organization on results that express the fulfillment of the mandates and satisfies customers on the basis of the duties and obligations set out in the negotiating document. This article aims to get inside into the performance evaluation of the management of the recruitment of Agricultural Cooperatives and to reflex about the insufficiencies evidenced in this process. To which we developed a theoretical valuation and economic procurement praxiological showing a group of deficiencies that have impacted in the contracts management The study was able to obtain, process, analyze, interpret and argue the problems associated with economic contracting and justify the need to propose a system of indicators to assess recruitment management Agricultural Cooperatives in the province of Sancti Spiritus, the results revealed the ineffectiveness of the process and the negative impact on the productive base.

The energy performance contract - key towards energy efficiency in Europe?

Directory of Open Access Journals (Sweden)

Murafa Corina

2017-07-01

Full Text Available The paper focuses on the Energy Performance Contract (EPC as a business model for energy efficiency. More precisely, it examines, using two case studies, enablers and disablers – from an economic, legal and institutional/managerial perspective – for advancing this arrangement across the EU. The EU has set a 20% energy savings target by 2020 (roughly equivalent to turning off 400 power stations, with an even more ambitious target of 27% by 2030. To reach these ambitious targets, the investments needed are approximately EUR 100 bn/year across the EU (according to the European Commission. Energy efficiency is not, as fervent proponents often claim, the low hanging fruit in terms of investment efforts. Like any other sub-sector, such as transmission and distribution, it demands innovative financing instruments to ensure adequate scale-up. In the paper, I use two comparative case studies to identify and classify the disablers and enablers of Energy Performance Contracting/Energy Services Companies (ESCOs development: the European frontrunner, namely Germany, and a laggard, namely Romania. As research methodology, I use literature review, comparisons between similar government policy planning and evaluation documents, and stakeholder interviews. While academic literature on the topic (Seefeldt, 2003; Wilhelm, 2015 is developed for Germany, for Romania a critical reflection on EPC promotion policy is to be found only in industry documents (e.g.: ARPEE, 2013; Tractebel, 2015. The German success demonstrates that, contrary to the belief of Romanian stakeholders, it is not the lack of a standardized contract model that prevents EPC development, but lack of genuine commitment, drive and leadership of public officials in promoting this financing instrument. A solid communication between public authorities and private beneficiaries, and public administration capacity for impact assessment and evidence-based policy planning are two other significant

The Contract Management Body of Knowledge: A Comparison of Contracting Competencies

Science.gov (United States)

2013-12-01

and supply chain management policies in an effort to deliver higher returns for their companies ( KPMG , 2012). As purchasing becomes increasingly more...conservation, hazardous materials , and ozone-depleting substances (NCMA, 2011). Contract Structures (1.5) has to do with identifying specific contract types...discusses time and material contracts as well as cost, performance, and delivery incentives. Incentive and award-fee contracts pertaining to fixed-price

Public and Institutional Markets for ESCO Services: ComparingPrograms, Practices and Prformance

Energy Technology Data Exchange (ETDEWEB)

Hopper, Nicole; Goldman, Charles; McWilliams, Jennifer; Birr,Dave; Stoughton McMordie, Kate

2005-03-01

Throughout the U.S. energy services company (ESCO) industry's history, public and institutional sector customers have provided the greatest opportunities for ESCOs to develop projects. Generally speaking, these facilities are large, possess aging infrastructure, and have limited capital budgets for improvements. The convergence of these factors with strong enabling policy support makes performance contracting an attractive and viable option for these customers. Yet despite these shared characteristics and drivers, there is surprising variety of experience among public/institutional customers and projects. This collaborative study examines the public/institutional markets in detail by comparing the overarching models and project performance in the federal government and the ''MUSH'' markets municipal agencies (state/local government), universities/colleges, K-12 schools,and hospitals that have traditionally played host to much of the ESCO industry's activity. Results are drawn from a database of 1634 completed projects held in partnership by the National Association of Energy Services Companies and Lawrence Berkeley National Laboratory (the NAESCO/LBNL database), including 129 federal Super Energy Savings Performance Contracts (ESPC) provided by the Federal Energy Management Program (FEMP) (Strajnic and Nealon 2003). Project data results are supplemented by interviews with ESCOs.

A high performance data parallel tensor contraction framework: Application to coupled electro-mechanics

Science.gov (United States)

Poya, Roman; Gil, Antonio J.; Ortigosa, Rogelio

2017-07-01

The paper presents aspects of implementation of a new high performance tensor contraction framework for the numerical analysis of coupled and multi-physics problems on streaming architectures. In addition to explicit SIMD instructions and smart expression templates, the framework introduces domain specific constructs for the tensor cross product and its associated algebra recently rediscovered by Bonet et al. (2015, 2016) in the context of solid mechanics. The two key ingredients of the presented expression template engine are as follows. First, the capability to mathematically transform complex chains of operations to simpler equivalent expressions, while potentially avoiding routes with higher levels of computational complexity and, second, to perform a compile time depth-first or breadth-first search to find the optimal contraction indices of a large tensor network in order to minimise the number of floating point operations. For optimisations of tensor contraction such as loop transformation, loop fusion and data locality optimisations, the framework relies heavily on compile time technologies rather than source-to-source translation or JIT techniques. Every aspect of the framework is examined through relevant performance benchmarks, including the impact of data parallelism on the performance of isomorphic and nonisomorphic tensor products, the FLOP and memory I/O optimality in the evaluation of tensor networks, the compilation cost and memory footprint of the framework and the performance of tensor cross product kernels. The framework is then applied to finite element analysis of coupled electro-mechanical problems to assess the speed-ups achieved in kernel-based numerical integration of complex electroelastic energy functionals. In this context, domain-aware expression templates combined with SIMD instructions are shown to provide a significant speed-up over the classical low-level style programming techniques.

Administrative contracts

Directory of Open Access Journals (Sweden)

Vukićević-Petković Milica

2015-01-01

Full Text Available Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete understanding of the importance and essence of this institution as well as the need for its complete legal regulation.

Energy efficiency performance contracts in the school environment; Contrats de performance energetique dans le milieu scolaire

Energy Technology Data Exchange (ETDEWEB)

Drouin, J. [Quebec Ministere de l' Education, Ste-Foy, PQ (Canada)

1999-12-01

An overview of new regulations concerning the awarding of energy performance contracts by school boards in the province of Quebec is provided. The article deals with buildings belonging to boards of education that are wholly or primarily utilised for educational purposes. It provides an inventory of such buildings and statistical information about about energy consumption and energy-related costs of educational facilities during the school years 1996/1997 and 1997/1998. Regarding the new regulations, the principal change appears to be that school boards are required to award construction or building services contracts estimated to cost between $50,000 and $100,000 either by public requests for tenders, or by invitation; construction or building services contracts whose cost exceeds $100,000 must be awarded by public tender. In effect, to meet the energy efficiency criteria specified in the new regulations, school boards are obliged to call for bids on any project that contribute to the energy efficiency of school buildings whose cost is estimated to exceed $50,000. The objective of the new regulation is to encourage the consideration of energy efficiency standards by school boards, and by potential contractors. The regulations also prescribe the method of requesting bids and specifies the energy efficiency criteria bidders must meet in order to be eligible.

Non-Performance Pay and Relational Contracting: Evidence from CEO Compensation

DEFF Research Database (Denmark)

DeVaro, Jed; Kim, Jin-Hyuk; Vikander, Nick

2017-01-01

compensation by invoking the idea of informal agreements, specifically the theory of relational contracting. We derive observable implications to distinguish relational from formal contracting and, using ExecuComp data, find that CEOs' annual cash and equity incentive payments positively correlate...... with the cyclical component of sales and respond to measures of persistence as relational contracting theory predicts....

Experiments on supply chain contracting: effects of contract type and fairness concerns

OpenAIRE

Arabacı, Özge; Arabaci, Ozge

2013-01-01

In this thesis, we conduct experiments with human decision makers on supply chain contracting. We consider a simple manufacturer-retailer supply chain scenario where the retailer faces the newsvendor problem. Building on Sahin and Kaya (2011), we compare the experimental performance of three contract types (wholesale price, buyback and revenue sharing contracts) between the firms with theoretical predictions, and among each other. We are interested in the manufacturer’s contract parameter dec...

31 CFR 545.406 - Exportation of services; performance of service contracts; legal services.

Science.gov (United States)

2010-07-01

... of service contracts; legal services. 545.406 Section 545.406 Money and Finance: Treasury Regulations... TALIBAN (AFGHANISTAN) SANCTIONS REGULATIONS Interpretations § 545.406 Exportation of services; performance... received in the territory of Afghanistan controlled by the Taliban. Note to § 545.406. See § 545.513 with...

AHP-based risk analysis of energy performance contracting projects in Russia

International Nuclear Information System (INIS)

Garbuzova-Schlifter, Maria; Madlener, Reinhard

2016-01-01

Understanding and properly managing risks that could potentially affect the target- and performance-based profits of energy performance contracting (EPC) projects are essential. It is particularly important for the establishment and success of energy service companies (ESCOs) acting in the vulnerable environment of the vast but highly energy-inefficient Russian market. This study systematically explores common risk factors and causes of risk associated with EPC projects executed in three Russian sectors: (1) industrial; (2) housing and communal services; and (3) public. Several interviews with the Russian EPC experts were accomplished and a qualitative risk assessment by using an analytic hierarchy process (AHP) approach. The data were obtained from a web-based questionnaire survey conducted among Russian EPC project executors. For each focus sector, a specific preference-based ranking of the identified risk factors and causes of risk was derived. The AHP results show that causes of risk related to the financial and regulatory aspects contribute most to the riskiness of EPC projects performed in all three focus sectors in Russia, calling for the special attention of EPC policy- and business-makers. Due to sectorial particularities and different actors involved, we conclude that there is a need for elaboration of sector-specific contractual schemes for EPC projects. - Highlights: • AHP- and survey-based study of energy performance contracting (EPC) projects in Russia. • Main risk factors and causes of risk associated with EPC projects are investigated. • In practice, lack of a feasible risk management approach in EPC projects. • Regulatory and financial risks contribute most to the EPC projects’ riskiness. • Elaboration of the sector-specific EPC project contractual scheme is required.

Organizational Commitment, Psychological Contract Fulfillment and Job Performance: A Longitudinal Quanti-qualitative Study

Directory of Open Access Journals (Sweden)

Leticia Gomes Maia

2015-07-01

Full Text Available The goals of this study are to contribute to the understanding of the development of organizational commitment and to explore the relations among psychological contract fulfillment, organizational commitment, and job performance. This paper reports the findings of a longitudinal quanti-qualitative study conducted with newcomers over three years. We identified four trajectories of commitment development: Learning to Love, High Match, Honeymoon Hangover and Learning to Hate. The last one is originally proposed in this study, and it is represented by individuals who began work highly committed to the organization, but then their commitment levels decreased dramatically over time. We discuss some characteristics associated with these trajectories. Our results corroborate the assumption that psychological contract fulfillment is positively related to commitment. Nevertheless, our findings about the relationship between commitment and job performance were different according to the trajectories. The trajectories Learning to Love and Learning to Hate support the assumption that higher commitment levels would lead to better performance, and vice versa; however, the trajectories High Match and Honeymoon Hangover contradict it. We offer and discuss some possible explanations for these findings.

Contract management survey 2002.

Science.gov (United States)

Hoppszallern, Suzanna

2002-10-01

Spending on clinical contracts continues to outpace spending on business services, but may be leveling off. The 12th annual Contract Management Survey shows that the performance of clinical vendors is now comparable to business service vendors in meeting savings targets. Both business and clinical vendors are receiving higher marks from hospital leaders, but execs quickly respond to low marks by bringing the service back in-house of changing vendors. This report examines trends in outsourcing, satisfaction levels, the decision-making process, contract features and performance, and spending.

Psychological contract breach and work performance: Is social exchange a buffer or an intensifier?

NARCIS (Netherlands)

Bal, P.M.; Chiaburu, D.S.; Jansen, P.G.W.

2010-01-01

Purpose: The aim of this paper is to investigate how social exchanges modify the relationship between psychological contract breach and work performance. It aims to present two concurrent hypotheses, based on theoretical interaction effects of social exchanges (conceptualized as social exchange

Motor unit activity when young and old adults perform steady contractions while supporting an inertial load

Science.gov (United States)

Gould, Jeffrey R.; Enoka, Roger M.

2013-01-01

The purpose of the study was to compare the discharge characteristics of biceps brachii motor units of young and old adults when they performed steady, submaximal contractions while the arm supported different inertial loads. Young (28 ± 4 yr; n = 16) and old (75 ± 4 yr; n = 14) adults performed steady contractions with the elbow flexors at target forces set at either small (11.7 ± 4.4% maximum) or large (17.8 ± 6.5% maximum) differences below the recruitment threshold force of the motor unit (n = 40). The task was to maintain an elbow angle at 1.57 rad until the motor unit was recruited and discharged action potentials for ∼120 s. Time to recruitment was longer for the larger target force difference (187 ± 227 s vs. 23 ± 46 s, P recruited, motor units discharged action potentials either repetitively or intermittently, with a greater proportion of motor units exhibiting the repetitive pattern for old adults. Discharge rate at recruitment and during the steady contraction was similar for the two target force differences for old adults but was greater for the small target force difference for young adults. Discharge variability was similar at recruitment for the two age groups but less for the old adults during the steady contraction. The greatest difference between the present results and those reported previously when the arm pulled against a rigid restraint was that old adults modulated discharge rate less than young adults across the two contraction intensities for both load types. PMID:23221403

LPTA versus Tradeoff: Analysis of Contract Source Selection Strategies and Performance Outcomes

Science.gov (United States)

2016-06-15

7 - Naval Postgraduate School source selection strategies to be made on a best value basis and not the lowest price ” (Office of...cost is an evaluation factor in all procurements, regardless of the source selection strategy chosen. In evaluating cost or price , FAR...contract performance is minimal, cost or price may play a dominant role in source selection. The less definitive the requirement, the more

Analysis of General Accounting Office, Armed Services Board of Contract Appeals and Federal Court of Claims Decisions on Protests Disputes Involving Performance Specifications

National Research Council Canada - National Science Library

Murphy-Sweet, Philip

2002-01-01

... involving Performance Specifications. Performance Specifications generally leave the contractor open to decide the best means to accomplish the work of a contract and deliver the product called for in the contract...

48 CFR 9903.201-4 - Contract clauses.

Science.gov (United States)

2010-10-01

... consistently the Contractor's cost accounting practices in accumulating and reporting contract performance cost... contract performance cost data concerning this contract. If any change in cost accounting practices is made...-4 Section 9903.201-4 Federal Acquisition Regulations System COST ACCOUNTING STANDARDS BOARD, OFFICE...

Identifying key performance indicators in food technology contract R&D

NARCIS (Netherlands)

Flipse, S.M.; Sanden, van der M.C.A.; Velden, van der T.; Fortuin, F.T.J.M.; Omta, S.W.F.; Osseweijer, P.

2013-01-01

Innovating companies increasingly rely on outsourcing to Contract Research Organisations (CROs) for their Research and Development (R&D), which are largely understudied. This paper presents the outcome of a case study in the field of food technology contract research, identifying context

48 CFR 811.404 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 811.404... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS Delivery or Performance Schedules 811.404 Contract clause. When delivery is required by or on a particular date for f.o.b. destination contracts, the contracting officer...

Study of impacts of physical contracts and financial contracts on bidding strategies of GENCOs

International Nuclear Information System (INIS)

Xiaoling Chen; He, Y.; Song, Y.H.

2004-01-01

This paper studies the impacts of physical contracts and financial contracts on the bidding strategies of GENCOs, including Physical Bilateral Contracts, Contracts for Difference (CfDs), Call Options and Put Options under discriminatory pricing mechanism. The integrated bidding decision model is applied, which has three main modules - probabilistic local marginal price simulator, market-oriented unit commitment model and multi-criteria decision system. The numerical results show that the GENCO will choose different bidding strategies if it holds different types of contract. The results also suggest that CfDs have the best performance for risk alleviation. (author)

48 CFR 225.802-70 - Contracts for performance outside the United States and Canada.

Science.gov (United States)

2010-10-01

... outside the United States and Canada. 225.802-70 Section 225.802-70 Federal Acquisition Regulations System... States and Canada. Follow the procedures at PGI 225.802-70 when placing a contract requiring performance outside the United States and Canada. Also see Subpart 225.74, Defense Contractors Outside the United...

Making contracting work better and cost less: Report of the Contract Reform Team

Energy Technology Data Exchange (ETDEWEB)

1994-02-01

In June 1993, Secretary of Energy Hazel O`Leary formed a Contract Reform Team, chaired by Deputy Secretary Bill White, to evaluate the contracting practices of the Department of Energy and to formulate specific proposals for improving those practices. This report summarizes the results of the work of the Contract Reform Team. It recommends actions for implementation that will significantly improve the Department`s contracting practices and will enable the Department to help create a government that -- in the words of Vice President Gore -- {open_quotes}works better and costs less.{close_quotes} These actions and the deadlines for their implementation are listed. Among other things, they recommend replacing the Department`s standard Management and Operating Contract with a new Performance-Based Management Contract and strengthening the Department`s systems for selecting and managing contractors.

Too much or too little of R&D offshoring : The impact of captive offshoring and contract offshoring on innovation performance

NARCIS (Netherlands)

Steinberg, Philip; Procher, Vivien D.; Urbig, Diemo

2017-01-01

Innovating firms may acquire foreign knowledge and improve their innovation performance by offshoring their R&D activities to their own foreign affiliates (captive offshoring) as well as by contracting out their R&D to external foreign parties (contract offshoring). This study examines the impact of

Combined Effect of Contraction Ratio and Chamber Pressure on the Performance of a Gaseous Hydrogen-Liquid-Oxygen Combustor for a Given Propellant Weight Flow and Oxidant-Fuel Ratio

Science.gov (United States)

Hersch, Martin

1961-01-01

The effect of contraction ratio and chamber pressure on the combustion performance of a gaseous-hydrogen-liquid-oxygen combustor was investigated analytically and experimentally. The experiment was conducted with a "two-dimensional" gaseous-hydrogen-liquid-oxygen engine of about 150-pound thrust. The contraction ratio was varied from 1.5 to 6 by changing the nozzle throat area. This variation resulted in a chamber pressure variation of about 25 to 120 pounds per square inch. The experimental results were corrected for heat transfer to the engine walls and momentum pressure losses. The experimental performance, as evaluated in terms of characteristic exhaust velocity, was 98 percent of theoretical at contraction ratios greater than 3 but decreased very rapidly at smaller contraction ratios. The heat-transfer rate increased with increasing contraction ratio and chamber pressure; it was about 1 Btu per square inch per second at a contraction ratio of 1.5 and increased to about 3 at a contraction ratio of 6. The combined effects of contraction-ratio and chamber-pressure changes on performance were investigated analytically with a mixing model and a vaporization model. The mixing model predicted very poor mixing at contraction ratios below 3 and almost perfect mixing at higher contraction ratios. The performance predicted by the vaporization model was very close to 100 percent for all contraction ratios. From these results, it was concluded that the performance was limited by poor mixing at low contraction ratios and chamber pressures.

Balancing Government Risks with Contractor Incentives in Performance-Based Logistics Contracts

National Research Council Canada - National Science Library

Gardner, Christopher P

2008-01-01

...: the PBL goal of developing long-term partnerships that encourage investment from commercial partners is best achieved through lengthy, guaranteed contracts -- but such contracts increase the DoD's...

LPTA Versus Tradeoff: How Procurement Methods Can Impact Contract Performance

Science.gov (United States)

2015-06-01

by saying, “Whether we’re talking about socks or stocks, I like buying quality merchandise when it is marked down” (Buffett, 2008, p. 5). The same...system by a member of ACC. Electronic contract file documents were retrieved from PCF to create a digital contract file that was reviewed to obtain the

Choice of Contract Type and Other Policy Initiatives for Reducing Contract Prices

Science.gov (United States)

2013-09-01

system franchise model). Assume that the contractor retained ownership of the design rights so that subsequent procurement lots are not open to...2 1. The Weapon System Franchise Model ..........................................................2 2. The Agency Problem and...40 2. Contracting for Time vs . Contracting for Performance ..............................41 B. Empirical Analysis of DoD Service

THE PSYCHOLOGICAL CONTRACT

Directory of Open Access Journals (Sweden)

Blanca Giorgiana GRAMA

2015-04-01

Full Text Available The psychological contract became known as a research paradigm within corporate research, providing a broad framework which explains the employee-company relations. Despite all this, there are still many debates on the concept and a series of criticism were expressed that led to the necessity of some more rigorous theoretical and empirical analysis. The psychological contract refers to the unwritten, implicit expectations that employees have from the company and vice versa; it is that which defines the things the employee expects from the employer. Consequently, each of the parties involved in the contract may have different perceptions on these commitments and obligations. Thus the psychological contract may be regarded as an exchange relation between the employer and the employee. Breaking the psychological contract affects the performance, the morale, and the motivation of the staff in a negative manner. The information presented in this paper is intended to contribute to the theoretical and methodological development of the concept.

Alternative contract mechanisms for environmental restoration

International Nuclear Information System (INIS)

Billings, R.M.; Geotze, P.; Billings, B.G.

1994-01-01

Remediation and investigation contracting mechanisms used by Billings and Associates, Inc. (BAI), for operations within New Mexico are described, and the advantages and disadvantages are considered. Methods discussed are: time and materials, unit pricing, and pay for performance. An emphasis is placed upon the pay for performance method. While there are alternative contracting mechanisms, the state has thus far been limited to traditional contract types, such as time and materials. While the undertaking of a pay for performance remediation scenario presents higher risk with an opportunity for comparable reward, application of this type of alternative contracting has been slow to materialize. The New Mexico Environment Department/Underground Storage Tank Bureau is mandated by regulation to seek complete remediation of petroleum contaminated soils and ground water within the shortest practicable period of time

Republic of Korea Reduction of Financing Barriers for Energy Savings Performance Contracts

Energy Technology Data Exchange (ETDEWEB)

Howard, D. L.

2005-11-01

This paper discusses the findings developed for strengthening the role of performance contracting in improving energy efficiency in the Republic of Korea. The U.S. Environmental Protection Agency (EPA) sponsored development of this paper by the National Renewable Energy Laboratory (NREL), as a part of the Korean-U.S. Climate Technology Partnerships (CTP) program. The results and recommendations outlined in this paper together with other efforts are designed to assist other countries striving to improve their efficient use of energy.

Contract theory and EU Contract Law

OpenAIRE

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

Contract types for nuclear power projects, non-turnkey type contracts in particular

International Nuclear Information System (INIS)

Nyte'n, T.

1975-01-01

A non-turnkey contract differs from a turnkey contract in no special formal way. The way the buyer chooses to exercise his project leadership must be concretized in the contract. The way and extent he wishes to exercise technical checking must be laid down in the form of clear rules. The way information has to flow from one contractor over buyer to others and vice versa has to be laid down in detail and the consequences of non conformance fixed in such a manner that optimum project performance is reached. (orig./FW) [de

Department of Energy contract/business management initiatives

International Nuclear Information System (INIS)

Fisher, S.B.

1992-01-01

More than 40 years ago the Department of Energy (DOE) developed a unique contractual instrument called a management and operating contract, to be used for the operation of our weapons production plants and the national laboratories. The contracts are very broad in scope. There is no output objective set forth in the contract. There are no cost targets, nor any contractually motivated cost objectives. Performance is measured against criteria which is often subjective. The time has come to make changes in the structure of these contracts to reflect changes in the work being performed and to make the contractors more accountable. DOE's work now, at these sites, and for years to come, consists largely of major project-type work such as environmental restoration which lends itself to a more definitized structure. DOE is in the process of implementing a work order authorization control system (task order contracting) under its management and operating contracts. Target date for implementation for our for-profit contractors is FY 1992, and for the non-profit contractors is FY 1993. Under this system, requirements will be contracted for as entities of work and contractors will be held accountable for performance, schedules and costs. Billings, payments and award fee will be tied to the specific planning objectives set forth in the tasks, including costs and schedules. Incentives will be provided for outstanding performance, fee may be withheld if performance is unacceptable. These changes will necessitate more DOE oversight of contractor operations and sound business support systems, as well as effective management disciplines. US DOE will perform business management reviews to assure contractors' systems are adequate and to support this form of contracting. The Contractor Procurement Systems Review Program will be enhanced to assure good subcontractor procurement practices

29 CFR 4.111 - Contracts “to furnish services.”

Science.gov (United States)

2010-07-01

... McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.111 Contracts “to furnish services.” (a) “Principal purpose” as criterion. Under its terms, the Act applies to a “contract * * * the... performed are only incidental to the performance of a contract for another purpose, the Act does not apply...

Team incentives in relational contracts

International Nuclear Information System (INIS)

Kvaloey, Ola

2003-01-01

Incentive schemes for teams are compared. I ask: under which conditions are relational incentive contracts based on joint performance evaluation, relative performance evaluation and independent performance evaluation self-enforceable. The framework of Che and Yoo (2001) on team incentives is combined with the framework of Baker, Gibbons and Murphy (2002) on relational contracts. In a repeated game between one principal and two agents, I find that incentives based on relative or independent performance are expected to dominate when the productivity of effort is high, while joint performance evaluation dominates when productivity is low. Incentives based on independent performance are more probable if the agents own critical assets. (author)

Work and minor work contracts

CERN Document Server

1999-01-01

The Work and Minor Work contracts are all of the result-oriented type. The work is specified by CERN and the contractor is given full responsibility for its performance. The contracts are thus very similar to supply contracts. The re-tendering of the existing contracts is almost complete, except for some building maintenance contracts. A new cycle of re-tendering for some activities will be launched in the next twelve months. The total estimated expenditure in the year 2000 for the contracts referred to in this document is 27 750 000 Swiss francs at 1999 prices. The Finance Committee is invited: - to approve the proposed expenditure for the extension of contracts for which the estimated amount for the year 2000 exceeds 750 000 Swiss francs, namely those under references 1, 2, 3, 5, 7, 8, 9 and 23, highlighted in Table I; - to take note that all Work and Minor Work contracts have been tendered since 1 January 1994, except the small contracts shown under references 12 and 16 in Table I; - to take note that the ...

Contract theory and EU Contract Law

NARCIS (Netherlands)

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories

Energy conservation. Federal shared energy savings contracting

International Nuclear Information System (INIS)

Fultz, Keith O.; Milans, Flora H.; Kirk, Roy J.; Welker, Robert A.; Sparling, William J.; Butler, Sharon E.; Irwin, Susan W.

1989-04-01

A number of impediments have discouraged federal agencies from using shared energy savings contracts. As of November 30, 1988, only two federal agencies - the U.S. Postal Service (USPS) and the Department of the Army -had awarded such contracts even though they can yield significant energy and cost savings. The three major impediments we identified were uncertainty about the applicability of a particular procurement policy and practice, lack of management incentives, and difficulty in measuring energy and cost savings. To address the first impediment, the Department of Energy (DOE) developed a manual on shared energy savings contracting. The second impediment was addressed when the 100th Congress authorized incentives for federal agencies to enter into shared savings contracts. DOE addressed the third impediment by developing a methodology for calculating energy consumption and cost savings. However, because of differing methodological preferences, this issue will need to be addressed on a contract-by-contract basis. Some state governments and private sector firms are using performance contracts to reduce energy costs in their buildings and facilities. We were able to identify six states that were using performance contracts. Five have established programs, and all six states have projects under contract. The seven energy service companies we contacted indicated interest in federal shared energy savings contracting

Micro and small firms contracted the works of third sector contracting and public

Directory of Open Access Journals (Sweden)

Daniela Juliano Silva

2015-06-01

Full Text Available In a scenario of successive changes, we are faced today with a "new" State of design (First Sector subsidiary and developer, embracing new contracting models, involving private non-profit institutions (Third Sector ahead of social services relevance (health, education, technology, among others. To comply with the obligations entered into with the public entity (end-obligations, this Third Sector performs hires (to perform their half-bonds with the second sector (market, where they operate Micro and Small Businesses. This study aims a reflective look at these contracts, usually the result of simplified bidding process in order to verify their specificities and whether they take place in compliance with the prerogatives and differential treatment meted especially those business companies (art. 170, X, SC / 1988. In this endeavor, it was decided, besides a literature review by an investigative approach from the point of view of three different social organizations that have management contracts in health care with public entities and therefore have signed contracts with ME and EPP for the fulfillment of their obligations to the government.      

A Contract That Manages Itself: The Time Has Arrived

Science.gov (United States)

2015-02-01

technology inspires contracting. The Smart Contract The paradigm of a contract as a static document is about to change. The days of a contract being read...efficiency is of paramount importance in order for an organization to perform its mission. The Smart Contract as an Object In discussions about...the contract object ( smart contract ) exists, the contract will be able to interact with other objects. That will enable the contract to know how

Contracting as a Science

Science.gov (United States)

2012-04-30

disconfirmation of expectations theory to examine customer satisfaction in the procuring contracting officer (PCO)–program manager (PM) relationship in...marketing terms, finding that disconfirmed expectations lead to consumer satisfaction or dissatisfaction. The former approach presents the idea that if an...individual exerts effort, the expectation is that successful performance will occur leading to a desired result. In contracting, the theory might be

The effect of behavioral contracting on the acquisition of guitar performance skills in a college-level beginning guitar class.

Science.gov (United States)

Gooding, Lori F

2009-01-01

Behavioral contracting has been used as a tool to modify behavior in a variety of settings, and the purpose of this study was to determine the impact of behavioral contracting on the acquisition of guitar performance skills in a college-level beginning guitar class. Music and nonmusic majors enrolled in 4 college-level beginning guitar classes participated in this study. Participants (N = 27) were divided into four groups, with Groups 1 and 2 serving as control (n = 5, n = 6) and Groups 3 and 4 serving as experimental (n = 7, n = 9). A Multiple baseline format was implemented that involved 3 testing conditions (T1, T2, T3). Participants played the same I-IV-V7-1 chord progression for all 3 testing conditions. Experimental Group 3 received a behavioral contract between T1 and T2, while experimental Group 4 received a contract between T2 and T3. Participants in the contracting groups were allowed to make structured choices about evaluation procedures and reward outcomes. Data on speed increase and accuracy were collected via videotaping and analyzed by an independent reviewer blind to condition. Two-way repeated measures ANOVAs were used to analyze differences in tempo and errors. A significant interaction was found for tempo and group and a significant difference in errors was found across treatment conditions. However, no significance was found between the groups for errors. Graphic analysis of tempo changes indicated that Group 1 improved tempo by a total of 41%, Group 2 by a total of 38%, Group 3 (contract) by a total of 76% and Group 4 (contract) by a total of 67%. Both contracting groups showed the biggest decrease in errors during the contracting condition, although errors actually increased slightly for Group 3 once the contracting condition was removed.

PROJECT HANFORD MANAGEMENT CONTRACT (PHMC) PERFORMANCE REPORT 05/2004 (WWW.HANFORD.GOV/EMPR.INDEX.CFM)

International Nuclear Information System (INIS)

PIELSTICK, R.M.

2004-01-01

This report is the monthly performance summary of the Central Plateau Contractors. FH work scope responsibilities are described, and other contractor/RL-managed work is excluded. Section A, Overview, provides a summary of the cost, schedule, and technical performance described in this report. It summarizes performance for the period covered, highlights areas worthy of management attention, and provides key performance activities as extracted from the contractor baseline. Subsequent sections of this report provide detailed performance data relative to contract sections (e.g., Project Hanford Cleanup Work Summary, Waste and Spent Nuclear Fuel Management Operations, Infrastructure and Hanford Site Services, and other Work Scope). All information is as of the end of May 2004 unless otherwise noted

Method Determining the Contents of the Contract

Directory of Open Access Journals (Sweden)

Agus Yudha Hernoko

2017-03-01

Full Text Available The contents of the contract are primarily determined by what the real mutually agreed upon by the parties. By interpreting some certain statements, in this case to determine its meaning, to be clear based on what the parties committed themselves. Why is the interpretation required? In facts, on the many cases provided a valuable lesson, how many commercial disputes arise when the performance of the contract. The dispute begins when the parties have a different understanding of the statement that they use in the contract. Indeed, businesses are very familiar with the business processes that they do, but at the time of the business process are set forth in the contract language and designed by those who do not understand the legal aspects of the contract, the contract can be ascertained open possibility for disputes. The power of contract binding (the contents of the agreement toward to the characteristic and the wide spectrum of the rights and obligations contractually, basically a contract represents the power of performance among others in order implementing the rights and obligations of the parties. As an instrument to understand the contract, the method of determining the content of the contract (e.g., through interpretation, autonomous and heteronomous factors, further can be used to assess the reciprocation of rights and obligations in a meaningful and proportional contractual relationship.

Labour contracts and performance of Cameroonian firms | Benjamin ...

African Journals Online (AJOL)

The study evaluated employees' productivity in relation to their contract status. It used survey data collected among manufacturing sector firms, having more than 15 employees, in Cameroon between April and May 2006; and information issued by the National Institute of Statistics. Information collected concerned 45 firms ...

Effort and Selection Effects of Incentive Contracts

NARCIS (Netherlands)

Bouwens, J.F.M.G.; van Lent, L.A.G.M.

2003-01-01

We show that the improved effort of employees associated with incentive contracts depends on the properties of the performance measures used in the contract.We also find that the power of incentives in the contract is only indirectly related to any improved employee effort.High powered incentive

25 CFR 170.809 - Can a tribe perform road maintenance under a self-determination contract or self-governance...

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Can a tribe perform road maintenance under a self..., DEPARTMENT OF THE INTERIOR LAND AND WATER INDIAN RESERVATION ROADS PROGRAM BIA Road Maintenance § 170.809 Can a tribe perform road maintenance under a self-determination contract or self-governance agreement...

Types of contracts and contracting procedures

International Nuclear Information System (INIS)

Zijl, N.A. van

1977-01-01

Contracting for a nuclear power plant can be carried out in many different ways, from a bilateral agreement between two countries to an international open bidding competition. Also the kind of contracts (turnkey, split-package or multi-contract type) are discussed with their pros and cons as well as the contracting procedures which can be followed to come to the conclusion of a contract. (orig.) [de

A preliminary assessment of financial stability, efficiency, health systems and health outcomes using performance-based contracts in Belize.

Science.gov (United States)

Bowser, Diana M; Figueroa, Ramon; Natiq, Laila; Okunogbe, Adeyemi

2013-01-01

Over the last 10 years, Belize has implemented a National Health Insurance (NHI) program that uses performance-based contracts with both public and private facilities to improve financial sustainability, efficiency and service provision. Data were collected at the facility, district and national levels in order to assess trends in financial sustainability, efficiency payments, year-end bonuses and health system and health outcomes. A difference-in-difference approach was used to assess the difference in technical efficiency between private and public facilities. The results show that per capita spending on services provided by the NHI program has decreased over the period 2006-2009 from BZ$177 to BZ$136. The private sector has achieved higher levels of technical efficiency, but lower percentages of efficiency and year-end bonus payments. Districts with contracts through the NHI program showed greater improvements in facility births, nurse density, reducing maternal mortality, diabetes deaths and morbidity from bronchitis, emphysema and asthma than districts without contracts over the period 2006-2010. This preliminary assessment of Belize's pay-for-performance system provides some positive results, however further research is needed to use the lessons learned from Belize to implement similar reforms in other systems.

Options for change in the NHS consultant contract.

Science.gov (United States)

Clarke, R W; Gray, C

The lead negotiators for the management and consultant sides in an NHS trust in northern England responded to debate in their trust about consultant contracts by offering to research the attitudes of their peers towards a variety of contract options. The options tested included the current contract; models already examined in the trust and elsewhere, such as time sensitive and mild performance related contracts; and some more radical and speculative possibilities, including consultants franchising their services to the trust. Beyond the predictable conclusion that consultants would prefer no change while managers desired it, a time sensitive contract emerged as having potential for successful negotiation. On the other hand, neither consultants nor managers favoured a strict performance related contract or a fee for service contract. There was a strong similarity of opinion between the two groups on the relative salary values of the options, though the consultants consistently priced these higher than the managers.

Psychological contract breach and work performance:Is social exchange a buffer or an intensifier?

OpenAIRE

Bal, P. Matthijs; Chiaburu, Dan S.; Jansen, Paul G. W.

2010-01-01

Purpose: The aim of this paper is to investigate how social exchanges modify the relationship between psychological contract breach and work performance. It aims to present two concurrent hypotheses, based on theoretical interaction effects of social exchanges (conceptualized as social exchange relationships, POS, and trust). Design/methodology/approach: Data were collected from a sample of 266 employees in a service sector company in the USA. Regression analysis was used to explore the moder...

Managing the relational character of public-private partnership contracts

OpenAIRE

Cvetković, Predrag

2015-01-01

A public-private partnership contract has the character of a relational contract. Relational contracts are incomplete agreements governing transactions where the contracting parties have mutually agreed that it is impossible or economically inefficient to contractually define ex ante possible difficulties and contingencies in the contract implementation, nor the difficulties and contingencies underlying the ex post control of contract performance by a third entity (court or arbitration). Cons...

Army Contract Writing System (ACWS)

Science.gov (United States)

2016-03-01

2016 Major Automated Information System Annual Report Army Contract Writing System (ACWS) Defense Acquisition Management Information Retrieval...Information 4 Responsible Office 4 References 4 Program Description 5 Business Case 5 Program Status 6 Schedule 7 Performance...Program Information Program Name Army Contract Writing System (ACWS) DoD Component Army Responsible Office Program Manager References MAIS

Contract Design: Financial Options and Risk.

Science.gov (United States)

Mühlbacher, Axel C; Amelung, Volker E; Juhnke, Christin

2018-01-12

Integrated care systems as well as accountable care organisations (ACOs) in the US and similar concepts in other countries are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. By this the total costs of care shall be reduced. When designing healthcare options contractors are faced with a variety of financial options. The costs of market utilisation are highly relevant for the conception of healthcare contracts; furthermore contract-specific investments are an obstacle to the efficient operation of ACOs. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. This article is the second in a row of three that are all published in this issue and contribute to a specific issue in designing healthcare contracts. The first dealt with the organisation of contracts and information asymmetries, while part 3 concludes with the question of risk management and evaluation. The specific research question of this second article focusses on the financial options and reimbursement schemes that are available to define healthcare contracts. A healthcare contract is a relational contract, which determines the level of reimbursement, the scope of services and the quality between service providers and payers, taking account of the risks relating to population and performance. A relational contract is an agreement based upon assumption of a longer timeframe. A major obstacle to the practical implementation of healthcare contracts is the prognosis of the inflows and outflows due to the actuarial risks of the insured population. Financing conditions and reimbursement arrangements that are based on a prospectively determined fixed price, have a significant drawback: it is very difficult to take the differences in health status and the utilisation of distinct insured clientele

A SIMULATION OF CONTRACT FARMING USING AGENT BASED MODELING

Directory of Open Access Journals (Sweden)

Yuanita Handayati

2016-12-01

Full Text Available This study aims to simulate the effects of contract farming and farmer commitment to contract farming on supply chain performance by using agent based modeling as a methodology. Supply chain performance is represented by profits and service levels. The simulation results indicate that farmers should pay attention to customer requirements and plan their agricultural activities in order to fulfill these requirements. Contract farming helps farmers deal with demand and price uncertainties. We also find that farmer commitment is crucial to fulfilling contract requirements. This study contributes to this field from a conceptual as well as a practical point of view. From the conceptual point of view, our simulation results show that different levels of farmer commitment have an impact on farmer performance when implementing contract farming. From a practical point of view, the uncertainty faced by farmers and the market can be managed by implementing cultivation and harvesting scheduling, information sharing, and collective learning as ways of committing to contract farming.

Trust-based or performance-based management: a study of employment contracting in hospitals.

Science.gov (United States)

Pettersen, Inger Johanne

2011-01-01

Hospitals are frequently changing managerial practices due to numerous public sector reforms taking place. In general, these reforms include the making and monitoring of contracts that regulate relations between the hospitals and their professional staffs. The aim of this paper is to discuss some main characteristics of the contracts that regulate the perceived relations between physicians as employees and the public hospital as employer. The theoretical framework is based on a contract theory approach. The empirical data is based on survey data from full-time employed physicians in the medical and surgical divisions in one of the largest university hospitals in Norway. This study shows that perceived obligations and psychological contracts indicate high degree of relational contracts between the hospital and the physicians. These socio-cultural elements should be recognized as important mechanisms of coordination and communication when policy makers and hospital managers are designing hospital management control systems. Copyright © 2009 John Wiley & Sons, Ltd.

Market performance and bidders' bidding behavior in the New York Transmission Congestion Contract market

International Nuclear Information System (INIS)

Zhang, Ning

2009-01-01

Using publicly available bidder level bids data for Transmission Congestion Contracts (TCCs) and the realized awards of TCCs in the NYISO monthly reconfiguration auctions from June 2000 to December 2004, we examine both market performance and bidders' bidding behavior in the auctions. The data show significant under-pricing in the realized awards of TCCs. Theories suggest that under-pricing may arise from risk-aversion, monopsonistic market power or winner's curse. Our empirical analysis illustrates that all of the three effects play a role in the NYISO TCCs market. Both market performance and bidders' bidding strategies can be best explained by the theoretical model with asymmetric information and risk-averse bidders. (author)

Optimal long-term contracting with learning

OpenAIRE

He, Zhiguo; Wei, Bin; Yu, Jianfeng; Gao, Feng

2016-01-01

We introduce uncertainty into Holmstrom and Milgrom (1987) to study optimal long-term contracting with learning. In a dynamic relationship, the agent's shirking not only reduces current performance but also increases the agent's information rent due to the persistent belief manipulation effect. We characterize the optimal contract using the dynamic programming technique in which information rent is the unique state variable. In the optimal contract, the optimal effort is front-loaded and decr...

Medial Elbow Joint Space Increases With Valgus Stress and Decreases When Cued to Perform A Maximal Grip Contraction.

Science.gov (United States)

Pexa, Brett S; Ryan, Eric D; Myers, Joseph B

2018-04-01

Previous research indicates that the amount of valgus torque placed on the elbow joint during overhead throwing is higher than the medial ulnar collateral ligament (UCL) can tolerate. Wrist and finger flexor muscle activity is hypothesized to make up for this difference, and in vitro studies that simulated activity of upper extremity musculature, specifically the flexor digitorum superficialis and flexor carpi ulnaris, support this hypothesis. To assess the medial elbow joint space at rest, under valgus stress, and under valgus stress with finger and forearm flexor contraction by use of ultrasonography in vivo. Controlled laboratory study. Participants were 22 healthy males with no history of elbow dislocation or UCL injury (age, 21.25 ± 1.58 years; height, 1.80 ± 0.08 m; weight, 79.43 ± 18.50 kg). Medial elbow joint space was measured by use of ultrasonography during 3 separate conditions: at rest (unloaded), under valgus load (loaded), and with a maximal grip contraction under a valgus load (loaded-contracted) in both limbs. Participants lay supine with their arm abducted 90° and elbow flexed 30° with the forearm in full supination. A handgrip dynamometer was placed in the participants' hand to grip against during the contracted condition. Images were reduced in ImageJ to assess medial elbow joint space. A 2-way (condition × limb) repeated-measures analysis of variance and Cohen's d effect sizes were used to assess changes in medial elbow joint space. Post hoc testing was performed with a Bonferroni adjustment to assess changes within limb and condition. The medial elbow joint space was significantly larger in the loaded condition (4.91 ± 1.16 mm) compared with the unloaded condition (4.26 ± 1.23 mm, P space increases under a valgus load and then decreases when a maximal grip contraction is performed. This indicates that wrist and finger flexor muscle contraction may assist in limiting medial elbow joint space, a result similar to findings of previous

26 CFR 1.460-1 - Long-term contracts.

Science.gov (United States)

2010-04-01

... the manufacture of personal property is a manufacturing contract. In contrast, a contract for the... performance of engineering and design services, and the production of components and subassemblies that are..., enters into a single long-term contract to design and manufacture a satellite and to develop computer...

48 CFR 46.710 - Contract clauses.

Science.gov (United States)

2010-10-01

... QUALITY ASSURANCE Warranties 46.710 Contract clauses. The clauses and alternates prescribed in this... research and development contract is contemplated and the use of a warranty clause has been approved under... performance specifications or design are of major importance; a fixed-price supply, service, or research and...

Contract Design: Risk Management and Evaluation.

Science.gov (United States)

Mühlbacher, Axel C; Amelung, Volker E; Juhnke, Christin

2018-01-12

Effective risk adjustment is an aspect that is more and more given weight on the background of competitive health insurance systems and vital healthcare systems. The risk structure of the providers plays a vital role in Pay for Performance. A prerequisite for optimal incentive-based service models is a (partial) dependence of the agent's returns on the provider's gain level. Integrated care systems as well as accountable care organisations (ACOs) in the US and similar concepts in other countries are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. By this the total costs of care shall be reduced. Little is known about the contractual design and the main challenges of delegating "accountability" to these new kinds of organisations and/or contracts. The costs of market utilisation are highly relevant for the conception of healthcare contracts; furthermore information asymmetries and contract-specific investments are an obstacle to the efficient operation of ACOs. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. The research question in this article focuses on how reimbursement strategies, evaluation of measures and methods of risk adjustment can best be integrated in healthcare contracting. Each integrated care contract includes challenges for both payers and providers without having sufficient empirical data on both sides. These challenges are clinical, administrative or financial nature. Risk adjusted contracts ensure that the reimbursement roughly matches the true costs resulting from the morbidity of a population. If reimbursement of care provider corresponds to the actual expenses for an individual/population the problem of risk selection is greatly reduced. The currently used methods of risk adjustment have widely differing model and forecast

PREREQUISITES OF THE RESOLUTION OF A CONTRACT

Directory of Open Access Journals (Sweden)

Vlad-Victor OCHEA

2017-05-01

Full Text Available I herein want to emphasise the prerequisites of the resolution of a contract according to the Romanian Civil Code of 2009. The prerequisites of the resolution of a contract are substantially different from those identified under the former fundamental civil legislation (the Romanian Civil code of 1864. This study aims at a better understanding of the new prerequisites of the resolution of a contract: a. a fundamental non-performance of the obligation; b. an unjustified non-performance of the obligation; c. mora debitoris The analysis of these prerequisites reveals a new possible trait of the resolution: a remedy for the non-performance of the contract rather than a sanction or a variety of contractual liability. Thus the modern legislator of the Romanian Civil Code of 2009 proposed to partially change the physiognomy of the resolution of a contract, different from the former institution and here we are in front of a new law institution. The resolution of a contract under the Romanian Civil Code of 2009 is regulated under The 5th Book – The Obligations, The second chapter – The enforcement of the Obligations, The 5th Section – Resolution of the Contract, respectively under the Article 1549 – 1554. As will be shown below, the resolution of a contract has a homogeneous structure without being spread in different parts of the Civil code. The earning lies in the action of organism the new legal provisions, apparently enriched in comparison to those found in the Romanian Civil Code of 1864. Most notably, the Romanian Civil Code of 2009 preserves the Roman legacy. The modern legislator had a difficult task: 146 years of legal doctrine and jurisprudence transposed into a new legislation which, of course, has its flaws. Nevertheless, it should be praised, as it encompasses useful tools to regulate social relations

The 3rd annual Australian contract mining conference

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-12-31

Papers discussed: the termination of contract debate - implications for the industry; contract industry`s outlook; viability of contract mining at ERA`s Ranger mine in the Northern Territory; obtaining superior operational performance, and reducing risk, using mining contractors; industry consolidation, contracts and market trends; mining equipment financing - the operating lease alternative; Portman Mining Ltd.; development of contract mining within the coal operations of Eastern Australia; case study - Thiess. contractors` experience in operating the Collinsville coal mine for the MIM/Itochu joint venture; integrating contractor management on mines with duty of care; the risk variables; and conflicting objectives - mine optimisation and the underground contract.

Relational Contracts, Multitasking, and Job Design

OpenAIRE

Anja Schöttner

2008-01-01

This article analyzes optimal job design in a repeated principal-agent relationship when there is only one contractible and imperfect performance measure for three tasks whose contribution to firm value is nonverifiable. The tasks can be assigned to either one or two agents. Assigning an additional task to an agent strengthens his relational contract. Therefore, broad task assignments are optimal when the performance measure strongly distorts incentives for the two-task job. This is more like...

30 CFR 881.6 - Project contract.

Science.gov (United States)

2010-07-01

... contractors or suppliers for the construction, installation, services or work to be performed. (b) Project... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Project contract. 881.6 Section 881.6 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.6 Project contract. (a...

48 CFR 16.405-2 - Cost-plus-award-fee contracts.

Science.gov (United States)

2010-10-01

... CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Incentive Contracts 16.405-2 Cost-plus-award-fee... during performance and that is sufficient to provide motivation for excellence in the areas of cost... consisting of (1) a base amount fixed at inception of the contract, if applicable and at the discretion of...

Public Internal Performance Contracting - Managing and financing energy-efficiency measures in public administrations

International Nuclear Information System (INIS)

Irrek, Wolfgang; Thomas, Stefan; Attali, Sophie; Benke, Georg; Borg, Nils; Figorski, Arkadiusz; Filipowicz, Mariusz; Labanca, Nicola; Pindar, Andrew; Ochoa, Amalia

2005-01-01

Public Internal Performance Contracting (PICO) is a type of in-house 'third-party' financing or energy performance contracting scheme. In theory, once triggered, PICO provides a 'perpetual motion' finance mechanism for public authorities by which energy efficiency savings fund new investments in an upward virtuous cycle. One unit of the public authority, e.g. the technical department, delivers the financial and technical energy efficiency service to another unit of the same public administration. Remuneration takes place through cross payments between these units, according savings made in energy costs. The initial investments require 'seed funds' to kick start the process, after which the cross payments provide sufficient means to fund further measures. How can the PICO mechanism be initiated in times of tight public budgets? What difficulties are faced during the implementation process and how can these be overcome? What kind of energy-efficiency measures is PICO best suited to? And what role can national and European policy play to facilitate implementation? These are the key questions that the EU-funded PICOLight project aimed to tackle. This was done through testing and disseminating the PICO schemes, first used in Germany, in six European countries, developing these further and making the necessary adaptations. PICO schemes were piloted in seven public administrations with the technical focus on energy-efficient lighting retrofits. The experiences gathered in these pilot projects should help to introduce PICO schemes on a larger scale in public administrations in Europe. The paper presents the preliminary results from these pilot projects

Green Performance Contracting Strategy for Highway Construction Projects

OpenAIRE

2014-01-01

With the growing awareness of sustainability and global climate change, state highway agencies are taking essential steps to reduce carbon emissions from highway infrastructure on a life cycle basis. While much is known regarding climate change mitigation and adaption strategies during highway operation, very little is understood about how climate change issues should be integrated into highway planning, delivery, and construction processes. This paper presents the current contracting pra...

14 CFR 1274.509 - Contract provisions.

Science.gov (United States)

2010-01-01

... bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm... assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be... the contract price. A “performance bond” is one executed in connection with a contract to secure...

Banking contracts

OpenAIRE

Durčáková, Klára

2010-01-01

Resumé - Bank Contracts Bank Contracts are an integral part of our everyday lives. Citizen and bussines entities used bank contracts very often. Despite this fact we can't find legal definition in the Czech law. Banking contracts understand contracts that are signed by banks in their business activities and obligations under these contracts arise. While the banking contracts have been widely used, in Czech law there is not too much literature and judgements abou this issue. Lack of legislatio...

Financial Management: Reopening of Contracts in the Mechanization of Contract Administration Services System

National Research Council Canada - National Science Library

Granetto, Paul

2003-01-01

The Defense Finance and Accounting Service planned to replace the payment and entitlement function performed by the Mechanization of Contract Administration Services system with a new or modified system...

The effects of the contract-relax-antagonist-contract form of proprioceptive neuromuscular facilitation stretching on postural stability.

Science.gov (United States)

Ryan, Edwin E; Rossi, Mark D; Lopez, Richard

2010-07-01

To investigate the effects of the contract-relax-antagonist-contract (CRAC) form of proprioceptive neuromuscular facilitation (PNF) stretching, with and without a warm-up, on postural stability. Thirty volunteers (15 men and 15 women, age: 25.17 +/- 5.4 years, height: 173.76 +/- 8.2 cm, and weight: 72.03 +/- 14.87 kg) were randomly assigned to 1 of 3 conditions: warm-up and stretch (WS), stretching only (SO), and a control condition (CON). Contract-relax-antagonist-contract PNF of the hamstrings, plantar flexors, and hip flexors was performed during WS and SO. A 6-minute treadmill warm-up was applied before CRAC in the WS condition. Measures of anterior/posterior and medial/lateral (M/L) postural stability were taken before and after treatment conditions. A 2 x 3 analysis of variance was used to assess for differences between conditions. Significance was set at p Contract-relax-antagonist-contract form of stretching is a useful protocol for improving M/L stability.

Contract Design: Risk Management and Evaluation

Directory of Open Access Journals (Sweden)

Axel C. Mühlbacher

2018-01-01

Full Text Available Introduction: Effective risk adjustment is an aspect that is more and more given weight on the background of competitive health insurance systems and vital healthcare systems. The risk structure of the providers plays a vital role in Pay for Performance. A prerequisite for optimal incentive-based service models is a (partial dependence of the agent’s returns on the provider’s gain level. Integrated care systems as well as accountable care organisations (ACOs in the US and similar concepts in other countries are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. By this the total costs of care shall be reduced.  Methods: Little is known about the contractual design and the main challenges of delegating “accountability” to these new kinds of organisations and/or contracts. The costs of market utilisation are highly relevant for the conception of healthcare contracts; furthermore information asymmetries and contract-specific investments are an obstacle to the efficient operation of ACOs. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. The research question in this article focuses on how reimbursement strategies, evaluation of measures and methods of risk adjustment can best be integrated in healthcare contracting.  Results: Each integrated care contract includes challenges for both payers and providers without having sufficient empirical data on both sides. These challenges are clinical, administrative or financial nature. Risk adjusted contracts ensure that the reimbursement roughly matches the true costs resulting from the morbidity of a population. If reimbursement of care provider corresponds to the actual expenses for an individual/population the problem of risk selection is greatly reduced. The currently used methods

14 CFR 1260.148 - Contract provisions.

Science.gov (United States)

2010-01-01

... equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a... bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within... contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of...

28 CFR 70.48 - Contract provisions.

Science.gov (United States)

2010-07-01

... bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment... that the bidder must, upon acceptance of his bid, execute such contractual documents as may be required... contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of...

Entrepreneurs, Contracts, and the Failure of Young Firms

OpenAIRE

Pierre Azoulay; Scott Shane

2001-01-01

Although economic theory has emphasized that moral hazard and hold-up problems influence the design of contracts, very little is known about the process by which explicit contracts are established and the effect of contractual arrangements on firm performance. This paper attempts to demonstrate that firms are selected for survival on the basis of contracting efficiency. Based on a statistical analysis of 170 new franchise contracts and interviews with the founders of 16 of these new franchise...

Monitoring multi-party contracts for E-business

NARCIS (Netherlands)

Xu, L.

2004-01-01

"Monitoring multi-party contracts for E-business" investigates the issues involved in the performance of econtract monitoring of business automations in business to business e-commerce environment. A pro-active monitoring contract model and monitoring mechanism have been designed and developed. A

Frustration of contract e impossibility of performance en el common law inglés

OpenAIRE

José Félix Chamie

2009-01-01

Sumario: i. Premisa. Formación de la doctrina de la frustration of contract. ii. Implied term theory. iii. Just and reasonable solution theory. iv. Foundation of contract theory. v. Radical change in the obligation: The “Construction theory”. vi. Efectos de la aplicación de la doctrine of frustration. vii. Límites de la jurisprudencia a la aplicación de la doctrine of frustration of contract

Future Contract Selection by Term Structure Analysis

Directory of Open Access Journals (Sweden)

Vasco Grossmann

2017-07-01

Full Text Available In futures markets, a single asset is generally represented by several contracts with different maturities. The selection of specific contracts is an inevitable task that also creates new opportunities, especially in terms of speculative trading. Evaluating immediate and upcoming trading costs for all considered contracts might lead to a significantly improved performance. Among that, even possible market inefficiencies might be taken into consideration. This research introduces and evaluates a new algorithm for the contract selection. The results are benchmarked and compared with established methods using a Monte Carlo simulation on different commodity and index futures.

Management of Contracts for F110 Engine Procurements

National Research Council Canada - National Science Library

Granetto, Paul

2001-01-01

This audit was performed in response to an allegation to the Defense Hotline that the Wright-Patterson Air Force Base Procurement Contracting Office made poor procurement decisions on F110 aircraft engine contracts...

48 CFR 225.7403-2 - Contract clause.

Science.gov (United States)

2010-10-01

... performance or travel outside the United States, except for contracts with— (a) Foreign governments; (b..., DEPARTMENT OF DEFENSE SOCIOECONOMIC PROGRAMS FOREIGN ACQUISITION Defense Contractors Outside the United States 225.7403-2 Contract clause. Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy...

Frustration of contract e impossibility of performance en el common law inglés

Directory of Open Access Journals (Sweden)

José Félix Chamie

2009-06-01

Full Text Available Sumario: i. Premisa. Formación de la doctrina de la frustration of contract. ii. Implied term theory. iii. Just and reasonable solution theory. iv. Foundation of contract theory. v. Radical change in the obligation: The “Construction theory”. vi. Efectos de la aplicación de la doctrine of frustration. vii. Límites de la jurisprudencia a la aplicación de la doctrine of frustration of contract

Is Contract Law Necessary?

OpenAIRE

SCHWARTZ, Alan

2010-01-01

This lecture was delivered on 17 March 2010. Alan Schwartz, Sterling Professor of Law; Professor of Management, Yale University This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of...

Learning Contracts in Undergraduate Courses: Impacts on Student Behaviors and Academic Performance

Science.gov (United States)

2013-04-01

they "felt bound and obligated by the mutual expectations," and the learning contract motivated them to complete readings on time ( Lemieux , 2001...1974; Huff and Johnson, 1998; Williams and Williams, 1999; Chan and Wai-tong, 2000; Lemieux , 2001; Chyung, 2007; Litchfield, et al., 2007; O’Halloran...were required to sign a contract (e.g. Barlow, 1974; Huff and Johnson, 1998; Williams and Williams, 1999; Chan and Wai-tong, 2000; Lemieux 2001

Managing the relational character of public-private partnership contracts

Directory of Open Access Journals (Sweden)

Cvetković Predrag

2015-01-01

Full Text Available A public-private partnership contract has the character of a relational contract. Relational contracts are incomplete agreements governing transactions where the contracting parties have mutually agreed that it is impossible or economically inefficient to contractually define ex ante possible difficulties and contingencies in the contract implementation, nor the difficulties and contingencies underlying the ex post control of contract performance by a third entity (court or arbitration. Considering the methodology of managing relational contracts, it is essential that the theory of relational contracts does not advocate for the establishment of relational contracts as a separate category of contracts, with specifically designated contractual instruments. This theory defines the relational contract as a category which legitimizes 'the relational mode' of a particular contract. The methodology of relational contracts is important for contracts on public-private partnership as it ensures that the contractual relationship is aligned with the changes in the immediate environment where the PPP contract operates. The aforementioned alignment has two aspects. The first one is the ex ante aspect of the alignment which is primarily aimed at preventing the detrimental effect of such alignment to the public partner's interests. Therefore, the intent to prevent such an effect shall be taken into account when defining the criteria for the selection of the most favorable private partner and the best offer. At the same time, it is essential to establish verifiable standards for measuring the private partner performance in the phase of contract implementation. For this goal to be achieved, it is crucial to specify the subject matter of the private partner's obligations, to establish the priority rank of PPP project objectives, to elaborate on the specific requirements governing the eligibility of private partners to participate in the bidding process, to specify

Research on the energy-saving and revenue sharing strategy of ESCOs under the uncertainty of the value of Energy Performance Contracting Projects

International Nuclear Information System (INIS)

Qian, Dong; Guo, Ju’e

2014-01-01

Under the uncertainty of the value of Energy Performance Contracting Projects (EPCPs), this paper develops a revenue-sharing bargaining model between an Energy Service Company (ESCO) and an Energy-Using Organization (EU). Based on the model the paper analyzes the impacts of energy prices, risk-adjusted discount rates and accidents on the ESCO’s bargaining strategies. The research shows that the greater the probability of adverse circumstances is, the higher is the revenue share (of the EU), and the more disadvantageous is the ESCO’s position in the game. Furthermore, we design a forecast–commitment contract between an ESCO and an EU and analyze the optimal product’s energy savings commitment strategy of the ESCO to cope with uncertain energy savings and contract risk. The research illustrates that by introducing penalties and commitments, the contract can eliminate the impact of the uncertain energy savings on the contract execution to a certain extent; when the EU takes a greater commitment risk, the ESCO is willing to provide a higher commitment, thus enhancing the strategy value of the bilateral relationship and reducing the contract risk. Finally, the policy recommendations about improving shared savings contract standard, third-party energy savings measurement and verification mechanism and arbitration mechanism of EPCs are provided. - Highlights: • We provide a method for determining the revenue-sharing bargaining strategy space in a finite bargaining game of the ESCO. • The increase of the probability of adverse circumstances will increase the revenue share (of the EU). • We design a forecast–commitment contract between an ESCO and an EU. • The forecast–commitment contract can eliminate the impact of the uncertain energy savings on the contract execution to a certain extent. • When the EU takes a greater commitment risk, the ESCO is willing to provide a higher commitment

23 CFR 635.121 - Contract time and contract time extensions.

Science.gov (United States)

2010-04-01

... TRAFFIC OPERATIONS CONSTRUCTION AND MAINTENANCE Contract Procedures § 635.121 Contract time and contract time extensions. (a) The STD should have adequate written procedures for the determination of contract... 23 Highways 1 2010-04-01 2010-04-01 false Contract time and contract time extensions. 635.121...

Assessment of Navy Contract Management Processes

Science.gov (United States)

2016-04-30

capability? • 85% of quality problems are related to processes, while only 15% of problems are controlled by individual workers ( Deming , 1986...eligible participants: 369 • Total surveys completed: 185 • Response rate: 50% CONTRACT MANAGEMENT MATURITY MODEL© MATURITY LEVEL 5...Measurement – Organizations systematically use performance metrics to measure the quality and evaluate the effectiveness of the contract management

Non-renewal of contracts

CERN Multimedia

Association du personnel

2007-01-01

A new illegal practice is appearing in certain sectors of the Organization: the non-renewal of renewable three-year limited-duration (LD) contracts, despite a more than satisfactory performance and an obvious commitment to the Organization.

Contract Formation and Performance under the UCC and CISG: A Comparative Case Study

Science.gov (United States)

Saunders, Kurt M.; Rymsza, Leonard

2015-01-01

Contracts for the sale of goods in the United States are governed by the Uniform Commercial Code (UCC) in every state but one. When one of the parties to the contract is based in another country, however, the conflict of laws principles that will determine which country's law governs the transaction can be confounding. In addition, the commercial…

48 CFR 970.2303-3 - Contract clauses.

Science.gov (United States)

2010-10-01

... facility, the clause at 48 CFR 970.5223-1, Integration of Environment, Safety and Health into Work Planning..., Renewable Energy Technologies, Occupational Safety and Drug-Free Work Place 970.2303-3 Contract clauses. (a) When work under management and operating contracts and subcontracts thereunder is to be performed at a...

Quantitative application study on the control system of contract progress

International Nuclear Information System (INIS)

Hu Xiaocong; Kang Rujie; Zhan Li

2012-01-01

Quantitative application study on the control system of contract progress, which is based on project management theory and PDCA cycle methods, provides a new way for the contract business management of enterprise, in line with the current situation and the nuclear power enterprise performance management needs. The concept of the system, system development, program design and development of ERP (VBA design) which come from the work experience summary of business managers are convenient and feasible in practical applications. By way of the applications in 2009, 2010, 2011 three-year overhaul contract management and continuous adjustment it has become an important business management tool, which not only effectively guaranteed the contract time and efficiency, but also combines the performance management and contract progress management. This study has provided useful reference for the enterprise management. (authors)

Standard form contracts and a smart contract future

Directory of Open Access Journals (Sweden)

Kristin B. Cornelius

2018-05-01

Full Text Available With a budding market of widespread smart contract implementation on the horizon, there is much conversation about how to regulate this new technology. Discourse on standard form contracts (SFCs and how they have been adopted in a digital environment is useful toward predicting how smart contracts might be interpreted. This essay provides a critical review of the discourse surrounding digitised SFCs and applies it to issues in smart contract regulation. An exploration of the literature surrounding specific instances SFCs finds that it lacks a close examination of the textual and documentary aspects of SFCs, which are particularly important in a digital environment as a shift in medium prompts a different procedural process. Instead, common perspectives are either based on outdated notions of paper versions of these contracts or on ideologies of industry and business that do not sufficiently address the needs of consumers/users in the digital age. Most importantly, noting the failure of contract law to address the inequities of SFCs in this environment can help prevent them from being codified further with smart contracts.

48 CFR 16.601 - Time-and-materials contracts.

Science.gov (United States)

2010-10-01

... contracts for certain commercial services. (1) Government surveillance. A time-and-materials contract..., appropriate Government surveillance of contractor performance is required to give reasonable assurance that... procedures, the fixed hourly rates for services that meet the definition of commercial item at 2.101 that are...

Between Status and Contract?

Directory of Open Access Journals (Sweden)

Thorsten Keiser

2013-01-01

Full Text Available This contribution deals with unfree labour in Germany from the early modern age until the beginning of the 20th century. It presents the main conclusions of a book published in 2013 on this subject in German. Unfree labour is not identified in the first place with slavery or any other labour relationship based on status. Instead, this study aims at an analysis of freedom and coercion in contractual labour relationships. It will be argued that in Germany contractual labour relationships before 1800 were embedded in a legal system that strongly restricted contractual autonomy and aimed at the suppression of free labour markets. The scope of this legislation was to guarantee efficient labour performance, which was not only perceived as being in the personal interest of an employer, but as a fundamental element of the common good. After 1800 the system changed to more incentive-based legislation that established freedom of contract for labour relations. Nevertheless, coercion in order to perform the contractual duties of a work contract remained important for many groups of workers, especially farmhands and industrial workers. The last criminal sanctions for breaches of labour contracts were only abolished in the revolution of 1919. This development shows the difficulties German law had in extending the principles of private law to workers. When a system of free labour was fully established, the issue of unemployment and economic problems, especially in the Weimar Republic, required a new system of protective rules. The history of free market based labour contracts in Germany was therefore very short, with state intervention shi ing from control and coercion to social assistance.

CONTINGENCY CONTRACTING: DOD, State, and USAID Contracts and Contractor Personnel in Iraq and Afghanistan

National Research Council Canada - National Science Library

Hutton, John; Ayers, Johana R; Berkholtz, Jessica M; Brandon, E; Culley, Brendan S; James, Jr., Art; McMillen, Lisa A; McSween, Jean; Thornton, Karen

2008-01-01

DOD, State, and USAID reported that they obligated at least $33.9 billion during fiscal year 2007 and the first half of fiscal year 2008 on 56,925 contracts with performance in either Iraq or Afghanistan...

Contract Award Decisions Resulting in Contract Termination for Default

National Research Council Canada - National Science Library

1996-01-01

.... Specifically, the audit focused on contracts terminated either for default or convenience and determined whether the contract terminations could have been averted based on information available before contract award...

White Paper: Unleashing Energy Efficiency Retrofits Through Energy Performance Contracts in China and the United States

Energy Technology Data Exchange (ETDEWEB)

Shen, Bo [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Price, Lynn [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Liu, Manzhi [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Meng, Lu [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Miao, Pei [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Dai, Fan [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Evans, Meredydd [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Yu, Sha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Roshchanka, Volha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Halverson, Mark [Pacific Northwest National Lab. (PNNL), Richland, WA (United States)

2015-09-15

Energy performance contracting (EPC) is a mechanism that uses private sector investment and expertise to deploy energy efficiency retrofits in buildings, industries, and other types of facilities. China and the United States both have large, growing EPC markets. This White Paper shares key insights on each market, including strengths and barriers inherent to these markets, compares the two markets, and sets forth options for enhancing EPC markets in each country. The White Paper concludes with recommendations structured around common goals of both countries.

Asymmetric Information, Self-selection, and Pricing of Insurance Contracts

DEFF Research Database (Denmark)

Donnelly, Catherine; Englund, Martin Kristian; Nielsen, Jens Perch

2014-01-01

This article presents an optional bonus-malus contract based on a priori risk classification of the underlying insurance contract. By inducing self-selection, the purchase of the bonus-malus contract can be used as a screening device. This gives an even better pricing performance than both...... an experience rating scheme and a classical no-claims bonus system. An application to the Danish automobile insurance market is considered....

13 CFR 124.515 - Can a Participant change its ownership or control and continue to perform an 8(a) contract, and...

Science.gov (United States)

2010-01-01

... of a majority of the voting stock of the concern in order to raise equity capital, but only if— (i... financing; (2) Ownership and control of the concern that is performing the 8(a) contract will pass to...

The Suitability of the Remedy of Specific Performance to Breach of a "Player's Contract" with Specific Reference to the Mapoe and Santos cases

Directory of Open Access Journals (Sweden)

K Mould

2011-04-01

Full Text Available During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated moreefficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generallyconsidered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" isin fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.

Skeletal muscle fiber type composition and performance during repeated bouts of maximal, concentric contractions

Science.gov (United States)

Colliander, E. B.; Dudley, G. A.; Tesch, P. A.

1988-01-01

Force output and fatigue and recovery patterns were studied during intermittent short-term exercise. 27 men performed three bouts of 30 maximal unilateral knee extensions on 2 different occasions. Blood flow was maintained or occluded during recovery periods (60 s). Blood flow was restricted by inflating a pneumatic cuff placed around the proximal thigh. Muscle biopsies from vastus lateralis were analyzed for identification of fast twitch (FT) and slow twitch (ST) fibers and relative FT area. Peak torque decreased during each bout of exercise and more when blood flow was restricted during recovery. Initial peak torque (IPT) and average peak torque (APT) decreased over the three exercise bouts. This response was 3 fold greater without than with blood flow during recovery. IPT and APT decreased more in individuals with mainly FT fibers than in those with mainly ST fibers. It is suggested that performance during repeated bouts of maximal concentric contractions differs between individuals with different fiber type composition. Specifically, in high intensity, intermittent exercise with emphasis on anaerobic energy release a high FT composition may not necessarily be advantageous for performance.

Management practices and performance of mergers and acquisitions in Pakistan: mediating role of psychological contract.

Science.gov (United States)

Bari, Muhammad Waseem; Fanchen, Meng; Baloch, Muhammad Awais

2016-01-01

The objective of this study is to examine the direct and indirect effect of management practices (procedural justice, coordination approach, communication system, integration strategy, and coping programs) on merger and acquisition (M&A) performance in the Pakistan banking industry. Psychological contract (PC) acts as a mediator between Management practices and M&A performance. The Present study distributes a structured questionnaire to 700 bank employees of different management cadres. The useful response rate is 76 % (536 employees). It uses PLS-SEM technique for data analysis. (1) procedural justice is a key strategy which has highly significant direct and indirect effect on M&A performance; however integration strategy and the communication system have an only direct effect. (2) PC performs partial mediation at different levels between management practices and M&A financial and non-financial performance. This study provides an effective solution to solve the soft issues during and post-M&A process. This is one of the few studies which effectively integrate the five constructs into a single framework to study their effects on M&A performance. Limitations and future research directions are presented in the last section of the study.

The advantages of cost plus award fee contracts

Science.gov (United States)

Keathley, William C.

1994-01-01

A Cost Plus Award Fee contract is the best procurement vehicle for the high-tech, one-of-a-kind, development projects that constitute most of NASA'S projects. The use of this type of contract requires more government and contractor effort than any other forms of contracts. An award fee contract is described as an arrangement whereby the government periodically awards a fee consistent with the cost, schedule and technical performance that is achieved by a contractor during a preset period with preset award fee pools. It's the only contracting method where both the government and contractor goals are closely linked. It also has a built-in mechanism to conveniently alter and emphasize program events in order to current external and internal situations. The award fee process also demands good communication between government and contractor participants.

Physician Personal Services Contract Enforceability: The Influence of the Thirteenth Amendment.

Science.gov (United States)

Fasko, Steven A; Kerr, Bernard J; Alvarez, M Raymond; Westrum, Andrew

We explore the influence of the Thirteenth Amendment to the US Constitution on the enforceability of personal services contracts for physicians. This influence extends from the ambiguous definition to the legal interpretation of personal services contracts. The courts have struggled with determining contracts to be a personal service and whether to grant injunctions for continued performance. The award or denial of damages due to a breach of contract is vested in these enforceability complications. Because of the Thirteenth Amendment's influence, courts and contracting parties will continue to struggle with physician personal services contract enforceability; although other points of view may exist. Possible solutions are offered for health care contract managers dealing with challenges attributable to physician personal services contracts.

Polymorphic Contracts

Science.gov (United States)

Belo, João Filipe; Greenberg, Michael; Igarashi, Atsushi; Pierce, Benjamin C.

Manifest contracts track precise properties by refining types with predicates - e.g., {x : Int |x > 0 } denotes the positive integers. Contracts and polymorphism make a natural combination: programmers can give strong contracts to abstract types, precisely stating pre- and post-conditions while hiding implementation details - for example, an abstract type of stacks might specify that the pop operation has input type {x :α Stack |not ( empty x )} . We formalize this combination by defining FH, a polymorphic calculus with manifest contracts, and establishing fundamental properties including type soundness and relational parametricity. Our development relies on a significant technical improvement over earlier presentations of contracts: instead of introducing a denotational model to break a problematic circularity between typing, subtyping, and evaluation, we develop the metatheory of contracts in a completely syntactic fashion, omitting subtyping from the core system and recovering it post facto as a derived property.

The regulation of peculiarities of electronic contracting: comparative analysis

Directory of Open Access Journals (Sweden)

Наталія Юліївна Філатова

2017-12-01

Full Text Available Contract formation by electronic means nowadays is a widespread phenomenon. Nevertheless electronic contracting has been thoroughly explored by scholars all over the world and regulated both internationally and domestically, there still remain some issues which need to be carefully analyzed. In our view, the most essential question raised by electronic contracting is whether there is a need to amend substantial contract law provisions with regard to peculiarities of contracts concluded by electronic means. Seeking the answer to this question several approaches have been formulated, but none of them seems to be completely appropriate. In this paper the answer is also attempted to be found. For this purpose a comparative analysis of doctrine, legislation and judicial practice of certain states is performed. Particularly, offer, acceptance and moment of electronic contract formation are explored. On the basis of this research the following conclusion is done: amendments to substantial contract law provisions are not always necessary to improve the regulation of electronic contracting. Nevertheless the provisions of law should be applied correctly to the disputes arising from electronic contract formation taking into account the peculiarities of such contracts.

Impacts of government subsidies on pricing and performance level choice in Energy Performance Contracting: A two-step optimal decision model

International Nuclear Information System (INIS)

Lu, Zhijian; Shao, Shuai

2016-01-01

Highlights: • An ESCO optimal decision model considering governmental subsidies is proposed. • Optimal price and performance level are deduced via a two-stage model. • Demand, profit, and performance level increase with increasing subsidies. • ESCO’s market strategy should firstly focus on high energy consumption industries. • Governmental subsidies standard in different industries should be differentiated. - Abstract: Government subsidies generally play a crucial role in pricing and the choice of performance levels in Energy Performance Contracting (EPC). However, the existing studies pay little attention to how the Energy Service Company (ESCO) prices and chooses performance levels for EPC with government subsidies. To fill such a gap, we propose a joint optimal decision model of pricing and performance level in EPC considering government subsidies. The optimization of the model is achieved via a two-stage process. At the first stage, given a performance level, ESCOs choose the best price; and at the second stage, ESCOs choose the optimal performance level for the optimal price. Furthermore, we carry out a numerical analysis to illuminate such an optimal decision mechanism. The results show that both price sensitivity and performance level sensitivity have significant effects on the choice of performance levels with government subsidies. Government subsidies can induce higher performance levels of EPC, the demand for EPC, and the profit of ESCO. We suggest that ESCO’s market strategy should firstly focus on high energy consumption industries with government subsidies and that government subsidies standard adopted in different industries should be differentiated according to the market characteristics and energy efficiency levels of various industries.

Analysis of General Accounting Office, Armed Services Board of Contract Appeals and Federal Court of Claims Decisions on Protests Disputes Involving Performance Specifications

National Research Council Canada - National Science Library

Murphy-Sweet, Philip

2002-01-01

... contract. As compared with Design Specifications, which tell the contractor exactly the processes and materials that must be used to accomplish the task, Performance Specifications only specify the final...

Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

DEFF Research Database (Denmark)

Lookofsky, Joseph

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

48 CFR 1552.209-74 - Limitation of future contracting.

Science.gov (United States)

2010-10-01

... supports EPA's performance of Superfund Headquarters policy work including support for the analysis and... contracts, and Superfund Technical and Analytical support contracts. (d) To the extent that the work under... nondiscretionary technical or engineering services not specifically listed above, including laboratory analysis...

29 CFR 4.122 - Contracts for operation of postal contract stations.

Science.gov (United States)

2010-07-01

... Application of the McNamara-O'Hara Service Contract Act Specific Exclusions § 4.122 Contracts for operation of postal contract stations. The Act, in paragraph (7) of section 7, exempts from its provisions “any... 29 Labor 1 2010-07-01 2010-07-01 true Contracts for operation of postal contract stations. 4.122...

Consequences of and remedies for breach of natural gas contracts

International Nuclear Information System (INIS)

Gretener, N. M.; Evans, A.; Callihoo, M.

1999-01-01

A common clause in a gas purchase contract is one that provides for specific damages for the non-performance of an obligation. As a rule, damages will be calculated based on the loss in the value of the bargain plus those losses foreseeably caused by the breach of contract. the rationale being to put the non-breaching party in as good a position as it would have been had the contract been performed. This paper examines the complex issues involved assessing and measuring damages, the concept of injunctive relief in circumstances where damages will be inadequate or insufficient to prevent injustice, the doctrine of mitigation, the extent of the right of set-off between different contracts, and the impact of bankruptcy and insolvency laws on the exercise of remedies. Four case histories are presented to illustrate the Courts' treatment of gas purchase contracts in the context of bankruptcies and /or insolvencies. 36 refs

Consequences of and remedies for breach of natural gas contracts

Energy Technology Data Exchange (ETDEWEB)

Gretener, N. M.; Evans, A.; Callihoo, M. [Bennett Jones Law Group, Calgary, AB (Canada)

1999-07-01

A common clause in a gas purchase contract is one that provides for specific damages for the non-performance of an obligation. As a rule, damages will be calculated based on the loss in the value of the bargain plus those losses foreseeably caused by the breach of contract. the rationale being to put the non-breaching party in as good a position as it would have been had the contract been performed. This paper examines the complex issues involved assessing and measuring damages, the concept of injunctive relief in circumstances where damages will be inadequate or insufficient to prevent injustice, the doctrine of mitigation, the extent of the right of set-off between different contracts, and the impact of bankruptcy and insolvency laws on the exercise of remedies. Four case histories are presented to illustrate the Courts' treatment of gas purchase contracts in the context of bankruptcies and /or insolvencies. 36 refs.

IPP fuel contracts - creating certain contracts for uncertain times

Energy Technology Data Exchange (ETDEWEB)

Coddington, I. [Coddington International Pty. Ltd., Milsons Point, NSW (Australia)

1998-12-31

Coal contracts for the new Asian Independent Power Producers (IPPs) are examined. Since most IPPs will be selling to state electricity utilities, often in competition with power plant using other fuels, coal based IPPs must negotiate advantageous coal supply contracts several years before the commissioning of a plant, and must ensure security of supply for at least the life of the construction loan. A more recent trend in the developed world is the Merchant IPP, where there is no guaranteed electricity sale. Lenders are wary of IPPs relying an imported coal, and insist on binding fuel contracts, while coal companies are wary of the quantity of information demanded by these lenders. A full understanding of the risks involved is needed; and a method of price indexation for the contracts. Contracts must also specify security of supply, coal quality, freight contracts and other details. 2 figs.

ADMINISTRATIVE CONTRACTS. DELIMITATIONS

Directory of Open Access Journals (Sweden)

Liana Teodora PASCARIU

2016-12-01

Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

The Importance of Employment Contract for Umsida Quality Employees Improvement

Directory of Open Access Journals (Sweden)

Noor Fatimah Mediawati

2015-12-01

Full Text Available The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015. The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2, 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106

Defense Contract Audit Agency Reviews of Price Proposals

National Research Council Canada - National Science Library

1998-01-01

.... Auditors perform field pricing reviews of contractor price proposals when procurement office information is insufficient to perform the cost or price analysis needed to negotiate contract prices...

Electrical contracting

CERN Document Server

Neidle, Michael

2013-01-01

Electrical Contracting, Second Edition is a nine-chapter text guide for the greater efficiency in planning and completing installations for the design, installation and control of electrical contracts. This book starts with a general overview of the efficient cabling and techniques that must be employed for safe wiring design, as well as the cost estimation of the complete electrical contract. The subsequent chapters are devoted to other electrical contracting requirements, including electronic motor control, lighting, and electricity tariffs. A chapter focuses on the IEE Wiring Regulations an

Contract Design: The problem of information asymmetry

Directory of Open Access Journals (Sweden)

Axel C. Mühlbacher

2018-01-01

Full Text Available Introduction: Integrated care systems are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. Little is known about the contractual design and the main challenges of delegating “accountability” to these new kinds of organisations and/or contracts. The research question in this article focuses on how healthcare contracts can look like and which possible problems arise in designing such contracts. In this a special interest is placed on information asymmetries.  Methods: A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. This article is the first in a row of three that all contribute to a specific issue in designing healthcare contracts. Starting with the organisation of contracts and information asymmetries, part 2 focusses on financial options and risks and part 3 finally concludes with the question of risk management and evaluation.  Results: Healthcare contracting between providers and payers will have a major impact on the overall design of future healthcare systems. If Integrated care systems or any other similar concept of care delivery are to be contracted directly by payers to manage the continuum of care the costs of market utilisation play an essential role. Transaction costs also arise in the course of the negotiation and implementation of contracts. These costs are the reason why it is generally not possible to conclude perfect (complete contracts. Problems with asymmetric distribution of information can relate to the situation before a contract is concluded (adverse selection and after conclusion of a contract (moral hazard.  Discussion and Conclusions: Information asymmetries are seen as a major obstacle to the efficient operation of integrated care programmes. Coordination and motivation problems cannot be solved

Contract Design: The problem of information asymmetry.

Science.gov (United States)

Mühlbacher, Axel C; Amelung, Volker E; Juhnke, Christin

2018-01-12

Integrated care systems are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. Little is known about the contractual design and the main challenges of delegating "accountability" to these new kinds of organisations and/or contracts. The research question in this article focuses on how healthcare contracts can look like and which possible problems arise in designing such contracts. In this a special interest is placed on information asymmetries. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. This article is the first in a row of three that all contribute to a specific issue in designing healthcare contracts. Starting with the organisation of contracts and information asymmetries, part 2 focusses on financial options and risks and part 3 finally concludes with the question of risk management and evaluation. Healthcare contracting between providers and payers will have a major impact on the overall design of future healthcare systems. If Integrated care systems or any other similar concept of care delivery are to be contracted directly by payers to manage the continuum of care the costs of market utilisation play an essential role. Transaction costs also arise in the course of the negotiation and implementation of contracts. These costs are the reason why it is generally not possible to conclude perfect (complete) contracts. Problems with asymmetric distribution of information can relate to the situation before a contract is concluded (adverse selection) and after conclusion of a contract (moral hazard). Information asymmetries are seen as a major obstacle to the efficient operation of integrated care programmes. Coordination and motivation problems cannot be solved at no-costs. The presented problems in the design of selective individual contracts

48 CFR 1552.242-72 - Financial administrative contracting officer.

Science.gov (United States)

2010-10-01

... Administrative Contracting Officer (FACO) is responsible for performing certain post-award functions related to the financial aspects of this contract when the EPA is the cognizant federal agency. These functions...) Negotiate advance agreements applicable to treatment of costs and to Independent Research & Development/Bid...

Exploring the Mechanism of Tonal Contraction in Taiwan Mandarin

NARCIS (Netherlands)

Cheng, C.; Xu, Y.; Gubian, M.

2010-01-01

This study investigates the mechanism of tonal contraction when a disyllabic unit is merged into a monosyllable at fast speech rate in Taiwan Mandarin. Various degrees of contraction of bi-tonal sequences were elicited by manipulating speech rates. Functional Data Analysis was performed to compare

Final Report for Contract No. MDA903-85-C-0472

National Research Council Canada - National Science Library

Lewman, T

2002-01-01

.... Work was performed on site at ARI Presidio of Monterey (ARI-POM). This document, the final report for the contract, describes the results achieved during the contract, and provides a list of the products delivered...

Discharge properties of motor units during steady isometric contractions performed with the dorsiflexor muscles.

Science.gov (United States)

Jesunathadas, Mark; Klass, Malgorzata; Duchateau, Jacques; Enoka, Roger M

2012-06-01

The purpose of this study was to record the discharge characteristics of tibialis anterior motor units over a range of target forces and to import these data, along with previously reported observations, into a computational model to compare experimental and simulated measures of torque variability during isometric contractions with the dorsiflexor muscles. The discharge characteristics of 44 motor units were quantified during brief isometric contractions at torques that ranged from recruitment threshold to an average of 22 ± 14.4% maximal voluntary contraction (MVC) torque above recruitment threshold. The minimal [range: 5.8-19.8 pulses per second (pps)] and peak (range: 8.6-37.5 pps) discharge rates of motor units were positively related to the recruitment threshold torque (R(2) ≥ 0.266; P recruitment was positively associated with recruitment threshold torque (R(2) = 0.443; P recruitment threshold torque. The variability in the simulated torque did not differ from the experimental values once the recruitment range was set to ∼85% MVC torque, and the association between motor twitch contraction times and peak twitch torque was defined as a weak linear association (R(2) = 0.096; P motor units in the tibialis anterior.

Analysis of the 314th Contracting Squadrons Contract Management Capability Using the Contract Management Maturity Model (CMMM)

National Research Council Canada - National Science Library

Jackson, Jr, Carl J

2007-01-01

.... The purpose of this research project is to analyze the 314th Contracting Squadron contracting processes and requirement target areas for improvement efforts by the application of the Contract Management Maturity Model (CMMM...

Contracting with the Enemy: The Contracting Officer’s Dilemma

Science.gov (United States)

2015-06-01

contracting command xv KO contracting officer KTR contractor LSC lead service component MGAA Mesopotamia Group Atlas Apache NAT National Afghanistan...and Contract Authority Understanding the roles of contracting versus command authority and command relationships is a fundamental that must be...Audit 12-7 (2012) described the CENTCOM-JTSCC (C- JTSCC) formation and command relationship : In April 2010, CENTCOM issued a fragmentary order to

Sales Rebate Contracts in Fashion Supply Chains

Directory of Open Access Journals (Sweden)

Chun-Hung Chiu

2012-01-01

Full Text Available We explore in this paper the performance of sales rebate contracts in fashion supply chains. We conduct both analytical and numerical analyses via a mean-variance framework with reference to real empirical data. To be specific, we evaluate the expected profits and variance of profits (risk of the fashion supply chains, fashion retailers, and manufacturers under (1 the currently implemented sales rebate practices, (2 the case without sales rebate, and (3 the theoretical coordination situation (if target sales rebate is adopted. In addition, we analyze how sales effort affects the performances of the supply chain and its agents. Our analysis indicates that the rebate contracts may hurt the retailer and the manufacturer of a fashion supply chain when it is inappropriately set. Moreover, a properly designed sales rebate contract not only can coordinate the supply chain (with retail sales effort but can also improve expected profits and lower the levels of risk for both the manufacturer and the retailer.

Contract on using computer resources of another

Directory of Open Access Journals (Sweden)

Cvetković Mihajlo

2016-01-01

Full Text Available Contractual relations involving the use of another's property are quite common. Yet, the use of computer resources of others over the Internet and legal transactions arising thereof certainly diverge from the traditional framework embodied in the special part of contract law dealing with this issue. Modern performance concepts (such as: infrastructure, software or platform as high-tech services are highly unlikely to be described by the terminology derived from Roman law. The overwhelming novelty of high-tech services obscures the disadvantageous position of contracting parties. In most cases, service providers are global multinational companies which tend to secure their own unjustified privileges and gain by providing lengthy and intricate contracts, often comprising a number of legal documents. General terms and conditions in these service provision contracts are further complicated by the '.service level agreement', rules of conduct and (nonconfidentiality guarantees. Without giving the issue a second thought, users easily accept the pre-fabricated offer without reservations, unaware that such a pseudo-gratuitous contract actually conceals a highly lucrative and mutually binding agreement. The author examines the extent to which the legal provisions governing sale of goods and services, lease, loan and commodatum may apply to 'cloud computing' contracts, and analyses the scope and advantages of contractual consumer protection, as a relatively new area in contract law. The termination of a service contract between the provider and the user features specific post-contractual obligations which are inherent to an online environment.

IRSN. Contract of objectives and performance 2014-2018

International Nuclear Information System (INIS)

Le Drian, Jean-Yves; Royal, Segolene; Macron, Emmanuel; Vallaud-Belkacem, Najat; Touraine, Marisol; Fioraso, Genevieve; Repussard, Jacques; Le Guludec, Dominique

2014-01-01

After an introduction which presents and comments the IRSN missions, the achievements of the previous contract, IRSN strengths and improvement perspectives, elements of context, and the contract scope and follow-up, this report presents and describes the three strategic areas of improvement: research, expertise and transparency. One or more indicators are defined for each area as well as a quantitative target (number of publications or actions per year). Objectives are then defined regarding security, safety and non proliferation, radiation protection, and crisis situation. Indicators and targets are as well defined for the various identified or defined associated actions or publications. They notably concern expertise missions for safety authorities, the ability to provide a response adapted to safety stakes with a guaranteed integration of lessons learned from the Fukushima accident, the ability to respond to the evolutions of the nuclear fleet (including in terms of dismantling and waste management), the ability to provide expertise and technical support for a better nuclear material safety, for a better protection of radioactive sources against malevolent actions, to contribute to the international struggle against nuclear threats and to the implementation of international treaties (non proliferation treaty, ban of chemical weapons), the implementation of control and assessment actions regarding the exposure to ionizing radiations, the ability to provide responses in the field of the assessment of radiological risks and of the protection against them, the contribution to a better knowledge of the effects of ionizing radiations, the contribution to the development of doctrines and to the improvement of national and international organisations for the management of a radiological or nuclear crisis. A third chapter addresses objectives related to IRSN governance, knowledge management, and financial management. Indicators and targets are also defined. All these

A Manpower Model for U.S. Navy Operational Contracting

Science.gov (United States)

2012-06-01

CLC 056 Analyzing Contract Costs CLC 057 Performance Based Payments and Value of Cash Flow HBS 428 Negotiating Education At least 24...MONTHLY METRICS 38 The heads of contracting at the seven FLCs are responsible for maintaining all of the “ dashboard ” metrics. NAVSUP GLS headquarters

Strategic design of cost savings guarantee in energy performance contracting under uncertainty

International Nuclear Information System (INIS)

Deng, Qianli; Jiang, Xianglin; Cui, Qingbin; Zhang, Limao

2015-01-01

Highlights: • A methodology is proposed to assist Energy Service Companies to maintain competitiveness in winning bids. • Uncertainties within the energy cost savings are modeled stochastically using the Monte-Carlo simulation. • A strategic energy savings guarantee design curve is derived, where all points return as appropriate guarantees. • A campus case is presented to demonstrate the applicability for finding appropriate guaranteed savings value. - Abstract: Among the key barriers to profit in Energy Performance Contracting (EPC) are uncertainties about attaining the realized energy cost savings and potential disputes over the guaranteed cost savings. In this paper, a methodology has been proposed to assist the Energy Service Company (ESCO): (1) to evaluate the risk threshold if the guarantee has already been made, and (2) to determine the guarantee design, if the guarantee has not been made yet, that not only promises the ESCO’s profitability from EPC but also maintains its competitiveness to win the bid. Uncertainties within the energy cost savings are modeled stochastically using Monte-Carlo simulation, taking both the energy price fluctuation and the facility performance variability into account. Based on that, a strategic energy savings guarantee design curve is derived, that all the points on it would return as appropriate guarantees. Finally, a campus case is presented to demonstrate the applicability for finding the appropriate guaranteed savings value. This method is also worth popularizing in similar performance-based projects

77 FR 70850 - International Mail Contract

Science.gov (United States)

2012-11-27

... three aspects of the Agreement expected to enhance performance: an anticipated revision to accounting... affect either the fundamental service being offered or the fundamental structure of the contracts. Id. at...

Why radiologists lose their hospital contracts: is your contract secure?

Science.gov (United States)

Muroff, Lawrence R

2010-03-01

Previously, a hospital contract meant tenure for the incumbent group of radiologists; however, those days are long gone. Exclusive contracts have morphed into exclusive contracts with carve-outs. Turf erosion has become a fact of life for radiology practices. Now radiologists are losing their hospital contracts in record numbers. Group size, though helpful for a variety of reasons, does not ensure that a practice will be secure in its hospital setting. The reasons that groups lose their hospital contracts are varied, and in this paper, the author discusses the most common ones. Suggestions to help practices avoid this unfortunate fate are presented.

Reviving Ulysses contracts.

Science.gov (United States)

Spellecy, Ryan

2003-12-01

Ulysses contracts have faced paternalism objections since they first were proposed. Since the contracts are designed to override a present request from a legally competent patient in favor of a past request made by that patient, enforcement of these contracts was argued to be unjustifiable strong paternalism. Recent legal developments and new theories of practical reasoning suggest that the discussion of Ulysses contracts should be revived. This paper argues that with a proper understanding of the future-directed planning embodied in Ulysses contracts, the charge of strong paternalism can be answered, and the enforcement of some Ulysses contracts may be justified under the rubric of weak paternalism.

29 CFR 785.4 - Application to Walsh-Healey Public Contracts Act.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Application to Walsh-Healey Public Contracts Act. 785.4... Considerations § 785.4 Application to Walsh-Healey Public Contracts Act. The principles set forth in this part... employees performing work subject to the provisions of the Walsh-Healey Public Contracts Act. [35 FR 15289...

29 CFR 4.112 - Contracts to furnish services “in the United States.”

Science.gov (United States)

2010-07-01

... Application of the McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.112 Contracts to furnish services “in the United States.” (a) The Act and the provisions of this part apply to contract... Act. (b) A service contract to be performed in its entirety outside the geographical limits of the...

78 FR 9865 - Air Carrier Contract Maintenance Requirements; Extension of Comment Period

Science.gov (United States)

2013-02-12

.... FAA-2011-1136; Notice No. 12-07] RIN 2120-AJ33 Air Carrier Contract Maintenance Requirements... performing contract maintenance that are acceptable to the FAA and to include them in their maintenance... contract their maintenance. At the behest of several of their FAA-certificated air carrier members...

Construction contracting for the 1990s

International Nuclear Information System (INIS)

Kane, C.; Lyon, V.F.

1991-01-01

This paper reports that power plant constructing during the 1980s is over. Demand growth projections presently anticipate a need for 100,000 MW of new capacity by the year 2000, with only a small percentage of the demand growth currently under construction. Given a six-year lead time for baseload plants, a surge of activity must now begin. Another development over the past five years has been a conscious decision by regulators in increase rates only for the costs of efficiently built plants. The cost of construction inefficiencies will no longer be shouldered by investors. Large construction claims, excessive cost overruns, and expensive delays will no longer be passed on to the consumer automatically. Utility commissions will require the inefficient builders to either clean up their act or forego building their own plants. The most traditional contracting scheme, general contracting, will probably be the lease desirable in the construction of new power plants. General contracting is a single, general construction contract based on a detailed design. The design is not performed by the general contractor

48 CFR 237.102-72 - Contracts for management services.

Science.gov (United States)

2010-10-01

... development or production of the major system ensures that Federal employees are responsible for determining— (1) Courses of action to be taken in the best interest of the Government; and (2) Best technical performance for the warfighter; and (c) The contract requires that the prime contractor for the contract may...

24 CFR 983.206 - HAP contract amendments (to add or substitute contract units).

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false HAP contract amendments (to add or... Contract § 983.206 HAP contract amendments (to add or substitute contract units). (a) Amendment to substitute contract units. At the discretion of the PHA and subject to all PBV requirements, the HAP contract...

Natural gas contracts in efficient portfolios

Energy Technology Data Exchange (ETDEWEB)

Sutherland, R.J.

1994-12-01

This report addresses the {open_quotes}contracts portfolio{close_quotes} issue of natural gas contracts in support of the Domestic Natural Gas and Oil Initiative (DGOI) published by the U.S. Department of Energy in 1994. The analysis is a result of a collaborative effort with the Public Service Commission of the State of Maryland to consider {open_quotes}reforms that enhance the industry`s competitiveness{close_quotes}. The initial focus of our collaborative effort was on gas purchasing and contract portfolios; however, it became apparent that efficient contracting to purchase and use gas requires a broader consideration of regulatory reform. Efficient portfolios are obtained when the holder of the portfolio is affected by and is responsible for the performance of the portfolio. Natural gas distribution companies may prefer a diversity of contracts, but the efficient use of gas requires that the local distribution company be held accountable for its own purchases. Ultimate customers are affected by their own portfolios, which they manage efficiently by making their own choices. The objectives of the DGOI, particularly the efficient use of gas, can be achieved when customers have access to suppliers of gas and energy services under an improved regulatory framework. The evolution of the natural gas market during the last 15 years is described to account for the changing preferences toward gas contracts. Long-term contracts for natural gas were prevalent before the early 1980s, primarily because gas producers had few options other than to sell to a single pipeline company, and this pipeline company, in turn, was the only seller to a gas distribution company.

Army Contract Specialists’ Lack of Desire to Become Contracting Officers

Science.gov (United States)

2012-05-01

response to question 2 was 1 or 2, choose all the responses that support the reasoning for your answer. B ). N o t en o u g h w el l tr ai n ed...contracting specialist set the goal of becoming a contracting officer? ACC 20 Contracting officer burnout Consider contracting officer rotations every 2 to

Representation and Non-representation of Knowledge Mediation in Legal Contracts

DEFF Research Database (Denmark)

Larsen, Aase Voldgaard

takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

Inflation Forecast Contracts

OpenAIRE

Gersbach, Hans; Hahn, Volker

2012-01-01

We introduce a new type of incentive contract for central bankers: inflation forecast contracts, which make central bankers’ remunerations contingent on the precision of their inflation forecasts. We show that such contracts enable central bankers to influence inflation expectations more effectively, thus facilitating more successful stabilization of current inflation. Inflation forecast contracts improve the accuracy of inflation forecasts, but have adverse consequences for output. On balanc...

Reconciling Contracts and Relational Governance through Strategic Contracting

DEFF Research Database (Denmark)

Petersen, Bent; Østergaard, Kim

2018-01-01

on contract types, such as strategic versus conventional, may reconcile the enduring research controversy between the substitution and complements perspectives. Practical implications: Today, formal contracts with foreign distributors tend to resemble “prenuptial agreements”. The opportunity for relational...

HARMONIZATION OF THE CONSUMER CONTRACT DISPOSITIONS WITH THE GENERAL CONTRACT RULES

Directory of Open Access Journals (Sweden)

Alexandru MATEESCU

2016-05-01

Full Text Available This work contains and mainly tackles the contract of consumption, its differences and similitudes to a general contract, manners of applying it, and the way in which the former can be better coordinated and correlated to the general contracting terms, established by the civil law. Along the years, the consumption contract has undergone several addenda and it has come to represent an instrument of both refference and regulation for the socio-economical relations between two parties who have a commercial agreement. The general law frame has had a great influence in the development of the consumption contract, as well as on its applicability conditions and its manner of deployment. Through the development of the judicial law concerning the contract of concumption, this type of agreement has influenced, through its human and social nature, both the general contract, and the specific frame it relates to. The relationship between the two types of contract is one of interdependence, which is determined by the need of judicial regulation in the Romanian and European economy. The ceaselees development of interhuman relations pushes society towards maintaining a continuous study of the advancement of specific legislation and judicial regulation. The main purpose of this work is analyzing the general judicial frame and the way in which the differences between the general contract and the consumption one may represent a benefic and mutual influence on protecting the citizens’ rights, which in the case of the consumption contract encompasses the protection of consumers’ rights. Also, it will analyze the aspects that determine the manner of application and the the differences that can be surmounted in order to achieve a better cohesion between these types of contracts.

Energy Efficiency Investments in Public Facilities - Developing a Pilot Mechanism for Energy Performance Contracts (EPCs) in Russia

Energy Technology Data Exchange (ETDEWEB)

Evans, Meredydd; Roshchanka, Volha; Parker, Steven A.; Baranovskiy, Aleksandr

2012-02-01

: Russian public sector buildings tend to be very inefficient, which creates vast opportunities for savings. This report overviews the latest developments in the Russian legislation related to energy efficiency in the public sector, describes the major challenges the regulations pose, and proposes ways to overcome these challenges. Given Russia’s limited experience with energy performance contracts (EPCs), a pilot project can help test an implementation mechanism. This paper discusses how EPCs and other mechanisms can help harness energy savings opportunities in Russia in general, and thus, can be applicable to any Russian region.

48 CFR 227.7009-3 - Additional clauses-contracts except running royalty contracts.

Science.gov (United States)

2010-10-01

...-contracts except running royalty contracts. 227.7009-3 Section 227.7009-3 Federal Acquisition Regulations...—contracts except running royalty contracts. The following clauses are examples for use in patent release and settlement agreements, and license agreements not providing for payment by the Government of a running...

29 CFR 4.113 - Contracts to furnish services “through the use of service employees.”

Science.gov (United States)

2010-07-01

... CONTRACTS Application of the McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.113... contract performance. (1) As indicated in § 4.110, the Act covers service contracts only where “service... no event be used by the contractor in providing the contract services, the Act will not be deemed...

78 FR 80369 - Federal Acquisition Regulation; Service Contracts Reporting Requirements

Science.gov (United States)

2013-12-31

... (e.g., cost-reimbursement, time-and- materials, and labor-hour contracts), which already require... contract costs and labor can significantly fluctuate each year or how this type of labor can be comingled... of direct labor hours expended on the services performed is extremely concerning, particularly in a...

Buy-back and revenue-sharing contracts in global supply shain

OpenAIRE

Liu, Yang

2015-01-01

Purpose: The main propose of this study is to investigate how exchange rate risk affects the buy-back and revenue-sharing contracts in the global supply chain, hence to improve the performance of global supply chain. Design/methodology/approach: Based on a two-echelon global supply chain, with the model equilibrium, this paper studies the difference between the buy-back contract and the revenue-sharing contract. By the transmitting of the exchange rate risk, it discusses the node-enterpris...

Contracting and building renovation - does it work together?

Energy Technology Data Exchange (ETDEWEB)

Tritthart, Wibke; Bruner-Lienhart, Susanne [Inter-Univ. Research Centre for Technology, Work and Culture, Graz (Austria); Bleyl, Jan W.; Bucar, Gerhard [Graz Energy Agency (Austria)

2007-07-01

The renovation or refurbishment is an important point in the life cycle of a building that makes it possible to achieve both environmental and climate protection goals and a higher quality of living of the inhabitants. However, lack of money often leads to a renovation that covers only the basic requirements, whereas measures that are valuable in a long term perspective like energy saving measures are not realised. Energy performance contracting (EPC) is widely used as an instrument to reduce long term operating costs significantly by guaranteed energy savings. An energy service company (ESCo) implements saving technologies, especially in the field of heating, HVAC, lighting and plug loads, and in particular in public buildings. It is the aim of this paper to investigate the possibilities to incorporate construction measures like building envelope insulation into standard energy performance contracting.For this purpose a qualitative survey is presented that was performed among experts and stakeholders in the business: ESCos, building owners and facility managers, representatives of construction companies and financing institutions were interviewed. The focus was on their experiences with such projects, on difficulties that arose or barriers that exist from their point of view and on the chances they perceived. This provides the basis for identifying restraints and supporting factors for the integration of contracting and constructional measures.Three pilot projects that have been renovated in Austria are outlined subsequently. They are evaluated with respect to the contractual network between the project partners, types of guarantees and financing issues. Special emphasis is put on the assignment of tasks and the cash flow between the project partners. Various constellations of trades acted as energy service provider: a general contractor, an energy supply company, a consortium of a builder and a plumber. The projects reveal some differences to the standard energy

Software Support for Industrial Controls Contract

CERN Document Server

Sánchez-Corral, E

2001-01-01

The contract covers the development and the operation and maintenance (O&M) of the monitoring and control systems used for supervising CERN's technical infrastructure. The contract involves those responsible for equipment in any current or future technical installation. We are outsourcing a complex activity which will require efforts on both preparing the specifications for new projects and setting clear definitions of tasks and procedures for O&M. It is a result-oriented contract in which performance will be continually evaluated by different methods and tools: project management plan and project follow-up, and CAMMS (Computerised Assets and Maintenance Management system). To be used effectively, this approach requires complete traceability of activities and documentation of the systems. Based on the analysis of the results measured and the shared (CERN and contractor) experience, the O&M activities will be reviewed and reorganised and operational procedures will be changed according to needs. A ...

Sex differences in neuromuscular function after repeated eccentric contractions of the knee extensor muscles.

Science.gov (United States)

Lee, Andrea; Baxter, Jake; Eischer, Claire; Gage, Matt; Hunter, Sandra; Yoon, Tejin

2017-06-01

This study examined the mechanisms for force and power reduction during and up to 48 h after maximal eccentric contractions of the knee extensor muscles in young men and women. 13 men (22.8 ± 2.6 years) and 13 women (21.6 ± 2.2 years) performed 150 maximal effort eccentric contractions (5 sets of 30) with the knee extensor muscles at 60° s -1 . Maximal voluntary isometric contractions (MVIC) and maximal voluntary concentric contractions (MVCC) were performed before and after the 150 eccentric contractions. The MVCCs involved a set of two isokinetic contractions at 60° s -1 and sets of isotonic contractions performed at seven different resistance loads (1 N m, 10, 20, 30, 40, 50, and 60% MVIC). Electrical stimulation was used during the MVICs and at rest to determine changes in voluntary activation and contractile properties. At baseline, men were stronger than women (MVIC: 276 ± 48 vs. 133 ± 37 N m) and more powerful (MVCC: 649 ± 77 vs. 346 ± 78 W). At termination of the eccentric contractions, voluntary activation, resting twitch amplitude, and peak power during concentric contractions at the seven loads and at 60° s -1 decreased (P  0.05) with no sex differences. Central mechanisms were primarily responsible for the depressed maximal force production up to 48 h after repeated eccentric contractions of the knee extensors and these mechanisms were similar in men and women.

Drilling contract issues

International Nuclear Information System (INIS)

Davison, G.B.; Worden, D.R.; Borbridge, G.K.D.

1997-01-01

Some selected issues which are facing both operators and contractors in drilling for oil and gas, such as the allocation of risk by contract and by statute and the implementation of new technologies, were discussed. There are three varieties of written drilling contracts used in Canada: (1) day work and meterage contracts, (2) master drilling agreements, and (3) contracts that are used in construction projects that do not specifically relate to drilling. Issues relevant to the contractual allocation of risk, to implementing new drilling technologies, to reconciling contract and statute liability, and the formation of strategic alliances for mutual benefit, and the factors contributing to the success of such alliances were explored. 12 refs

Relationship Contracting: The South Australian Experience - A Case Study

Directory of Open Access Journals (Sweden)

Jian Zou

2012-11-01

Full Text Available The construction industry has long been accusedof poor performance. The confrontational attitudeof its members and the resultant adversarial atmosphere has been identified as a major factor responsible for this poor performance. A cultural change is required to remove these barriers and to promote optimum project outcomes. Relationship contracting is promoted as a way to support the shift from the adversarial culture to the co-operative and collaborative culture within the industry and the project team.The Adelaide Convention Centre Extensions project was the first in South Australia to be procure und r the principles of relationship contract1ng. Usmg the case study approach, this paper reviews the form of relationship contracting used in this milestone project. The paper documents the lessons learned from this project and makes recommendations that can lead to improvements for future projects.

Unfair contract terms in B2C contracts

NARCIS (Netherlands)

Hesselink, M.W.; Loos, M.B.M.

2012-01-01

Because of its textual similarity to the Unfair Terms Directive 1993, Chapter 8 of the proposed CESL, on ‘Unfair contract terms’, can benefit from two decades of interpretative experience which is likely to provide a comparably high degree of instant legal certainty to contracting parties.

Teaching about Contracts.

Science.gov (United States)

Froman, Michael; Kosnoff, Kathy

1978-01-01

Presents teaching strategies for introducing high school students to contract law. Offers as a case study a contract agreement between pro football players and team owners. Stresses basic elements of contracts (offer, acceptance, consideration, and understanding the bargaining process). Journal available from the American Bar Association, 1155…

Physiological Response to Static Muscle Contractions in Standing and Supine Positions

DEFF Research Database (Denmark)

Pedersen, Jens Meldgaard; Andersen, T. Bull

2013-01-01

The purpose of this study was to investigate the physiological responses to static muscle contractions in the standing position and the supine position. Eight subjects performed static contractions of the ankle extensors in both positions. Blood pressure (SBP and DBP), heart rate (HR...

Conscientiousness and reactions to psychological contract breach: a longitudinal field study.

Science.gov (United States)

Orvis, Karin A; Dudley, Nicole M; Cortina, Jose M

2008-09-01

The authors examined the role of employee conscientiousness as a moderator of the relationships between psychological contract breach and employee behavioral and attitudinal reactions to the breach. They collected data from 106 newly hired employees within the 1st month of employment (Time 1), 3 months later (Time 2), and 8 months after Time 1 (Time 3) to observe the progression through contract development, breach, and reaction. Results suggest that conscientiousness is a significant moderator for 4 of the 5 contract breach-employee reaction relationships examined (turnover intentions, organizational loyalty, job satisfaction, and 1 of 2 facets of job performance). Specifically, employees who were lower in conscientiousness had more negative reactions to perceived breach with respect to turnover intentions, organizational loyalty, and job satisfaction. In contrast, employees who were higher in conscientiousness reduced their job performance to a greater degree in response to contract breach. Future research directions are discussed.

The effects of hospitals' governance on optimal contracts: bargaining vs. contracting.

Science.gov (United States)

Galizzi, Matteo M; Miraldo, Marisa

2011-03-01

We propose a two-stage model to study the impact of different hospitals' governance frameworks on the optimal contracts designed by third-party payers when patients' disease severity is the private information of the hospital. In the second stage, doctors and managers interact within either a bargaining or a contracting scenario. In the contracting scenario, managers offer a contract that determines the payment to doctors, and doctors decide how many patients to treat. In the bargaining scenario, doctors and managers strategically negotiate on both the payment to doctors and the number of patients to treat. We derive the equilibrium doctors' payments and number of treated patients under both scenarios. We then derive the optimal contract offered by the government to the hospital in the first stage. Results show that when the cost of capital is sufficiently low, the informational rent is lower, and the social welfare is higher, in the contracting scenario. Copyright © 2010 Elsevier B.V. All rights reserved.

Impact of the pay-for-performance contract and the management of hypertension in Scottish primary care: a 6-year population-based repeated cross-sectional study.

LENUS (Irish Health Repository)

Simpson, Colin R

2011-07-01

The 2004 introduction of the pay-for-performance contract has increased the proportion of income that GPs are able to earn by targeting quality care to patients with chronic diseases such as hypertension.

Retendering of ST-CV maintenance contract

CERN Document Server

Battistin, M

2003-01-01

During the next three years, the ST/CV group will be deeply involved in the installation works for the LHC project. During this period the need for maintenance activity will decrease. The minimum level will be reached during the “long shutdown” of the PS and SPS machines in 2005. The budget for the maintenance will decrease accordingly, thus the CV group had to review its maintenance strategy. The new contract, which started on January 1st 2003, has been defined to cope with these workload variations during the next years and to guarantee the minimum maintenance activity on the existing equipment. A lump-sum contract based on a win-win strategy has been discarded. The contractor no longer has to guarantee the performance of the CERN cooling and ventilation systems. A new price list strategy based on performance indicators and penalties has been chosen. The contractor now has to guarantee the performance of every maintenance operation demanded by CERN. This modification obliged the Operation section of the...

Lessons learned : pavement marking warranty contract.

Science.gov (United States)

2013-12-01

In 2012, UDOT implemented a performance-based warranty on a portion of an I-15 pavement marking : project. The awarded contract requested a contractor warranty on the implemented markings for a total : duration of six years. This is the first time th...

How Complex Do Movie Channel Contracts Need to Be?

OpenAIRE

Sumit Raut; Sanjeev Swami; Eunkyu Lee; Charles B. Weinberg

2008-01-01

The motion picture industry is characterized by a dynamic market environment, limited shelf space and product category management, and consequently, complex channel contracts specifying the split of box office revenue between distributors and exhibitors. Although such a contracting practice creates a considerable administrative effort and channel conflict, it is not clear whether such complexity is necessary for superior channel performance. This study investigates this question by analyzing ...

The Relationship between the Employment Contract and other Civil Contracts

Directory of Open Access Journals (Sweden)

Răzvan Radu Popescu

2015-05-01

Full Text Available The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contract so different from other contracts. We think this article is an important step in the disclosure of the problem eraised by these two concepts.

Negotiating Efficient PPP Contracts

DEFF Research Database (Denmark)

Tvarnø, Christina D.

. An opportunity the member states should consider using when procuring a PPP. This paper looks at the negotiation and contracting of a PPP in an economic theoretical and EU public procurement perspective and discusses how to establish an efficient PPP contract under a strong public law doctrine. Governments......This paper concerns Public Private Partnership (PPP) contracts in concern to the coming new 2014/24IEU public procurement directive. The new EU public procurement directive gives the public authority the opportunity to negotiate PPPs much more when they are implemented in national law...... procurement law. Furthermore, the paper seeks to establish a connection between public law, private law and the efficient PPP contract by drawing upon economic theory and empirical contract data from UK, US and Danish partnering contracts from the construction industry and the aim of contracting joint utility...

Optimisation of Healthcare Contracts: Tensions Between Standardisation and Innovation; Comment on “Competition in Healthcare: Good, Bad or Ugly?”

Directory of Open Access Journals (Sweden)

Misja Mikkers

2016-02-01

Full Text Available An important determinant of health system performance is contracting. Providers often respond to financial incentives, despite the ethical underpinnings of medicine, and payers can craft contracts to influence performance. Yet contracting is highly imperfect in both single-payer and multi-payer health systems. Arguably, in a competitive, multi-payer environment, contractual innovation may occur more rapidly than in a single-payer system. This innovation in contract design could enhance performance. However, contractual innovation often fails to improve performance as payer incentives are misaligned with public policy objectives. Numerous countries seek to improve healthcare contracts, but thus far no health system has demonstrably crafted the necessary blend of incentives to stimulate optimal contracting.

Duration in Production Contracts

OpenAIRE

MacDonald, James M.; Korb, Penelope J.

2006-01-01

We use 2003 and 2004 ARMS data to analyze variations in contract duration among growers of broilers who hold production contracts. Most contracts cover just a single flock, but many extend for 1-2 years, and a significant minority of broiler contracts specify lengths of 5, 10, and even 15 years. We find that grower debt and production volume are inversely related to the choice of a short term (a year or less) contract, while lengthy prior experience with the contractor promotes short term con...

Paradoxical sphincter contraction is rarely indicative of anismus.

Science.gov (United States)

Voderholzer, W A; Neuhaus, D A; Klauser, A G; Tzavella, K; Müller-Lissner, S A; Schindlbeck, N E

1997-08-01

Anismus is thought to be a cause of chronic constipation by producing outlet obstruction. The underlying mechanism is paradoxical contraction of the anal sphincter or puborectalis muscle. However, paradoxical sphincter contraction (PSC) also occurs in healthy controls, so anismus may be diagnosed too often because it may be based on a non-specific finding related to untoward conditions during the anorectal examination. To investigate the pathophysiological importance of PSC found at anorectal manometry in constipated patients and in patients with stool incontinence. Digital rectal examination and anorectal manometry were performed in 102 chronically constipated patients, 102 patients with stool incontinence, and in 18 controls without anorectal disease. In 120 of the 222 subjects defaecography was also performed. Paradoxical sphincter contraction was defined as a sustained increase in sphincter pressure during straining. Anismus was assumed when PSC was present on anorectal manometry and digital rectal examination and the anorectal angle did not widen on defaecography. Manometric PSC occurred about twice as often in constipated patients as in incontinent patients (41.2% versus 25.5%, p anismus is rare.

State-Ademe contracts on objectives and performance 2016-2019. Synthesis

International Nuclear Information System (INIS)

2016-04-01

This publication indicates the main strategic orientations of the ADEME from 2016 to 2019 as they have been defined in contracts between the French State and this public agency. It indicates how this agency promotes and supports innovation and prepares the future of the ecological and energy transition, and how it contributes to the collective expertise for an ecological and energy transition. It also presents operational objectives by distinguishing transverse, thematic (energy, climate change and air quality, circular economy) and support (governance, budgetary, financial and logistic management) objectives

Stability of contracts in the Brazilian wine industry

Directory of Open Access Journals (Sweden)

Decio Zylbersztajn

2005-06-01

Full Text Available A variety of contracts between wineries and grape growers are observed in Brazil. This study addresses the concept of coordination of food chains, particularly the stability of contractual relationships. A qualitative analysis of industry-farmers contracts is presented, followed by a quantitative analysis testing transaction cost economics-based hypothesis. Scale, location, age of vineyard, and the cooperative organizational form are addressed in terms of the effect on the stability of contracts. Vertical and horizontal coordination are addressed. Data come from a sample of 139 grape-growers that supplied 10 major wineries. The results show that more stable contracts or vertical integration are characteristic of high quality wine production, where the need for strict contractual coordination is more relevant, i.e. risk of hold up losses is larger. We test the hypothesis that site specificity and quality-related specific investments are associated with more stable contractual architectures. Farmers' cooperatives present poorer performance but tend to hold more stable relationships with their members, possibly the result of adverse selection, since specialized farmers prefer to maintain contracts with investor-owned wineries, instead of farmers' cooperatives. Conclusions are presented in the final part.

Defense Contract Management: DOD's Lack of Adherence to Key Contracting Principles on Iraq Oil Contract Put Government Interests at Risk

National Research Council Canada - National Science Library

Hutton, John P; Ahearn, Marie; Augustine, Penny B; Campbell, Greg; James, Jr., Arthur; Lesonsky, Eric; Lord, Stephen; McDonough-Hughes, Anne; McKelvey, Janet; Patton, Kenneth

2007-01-01

.... The contract was also used to ensure adequate fuel supplies inside Iraq. RIO I was a cost-plus-award-fee type contract that provided for payment of the contractor's costs, a fixed fee determined at inception of the contract, and a potential award fee...

Development and perspectives of principles of european insurance contract law

Directory of Open Access Journals (Sweden)

Ana Keglević

2013-01-01

Full Text Available Summary: Principles of European Insurance Contract Law (PEICL provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.

ANALISA RISIKO TAHAP PERAWATAN JALAN DALAM PENERAPAN PERFORMANCE BASED CONTRACT PADA PROYEK JALAN DI JAWA TIMUR

Directory of Open Access Journals (Sweden)

Eko Prihartanto

2016-06-01

Full Text Available Road as the main infrastructure in cross overland to connect starting area to the destination area. The level of damage that occurred after the implementation reduce the road’s service quality. Performance Based Contract (PBC has stages such as Design, Build, Operation, and Maintenance. PBC is expected to minimize the budget for road construction due to damage that routinely occurs every year. PBC has the maintenance stage to meet the performance who have risk reducing road maintenance after road completion and operation. Risk variables in this study use variables in the maintenance stage from the PBC application in Eastern Java road project. It uses Probability Impact Analysis method to analyze road maintenance risk in PBC application. The results are highest score of risk variable in the maintenance stage as the descriptive analysis references to compare the threat and opportunity in PBC application. Then, it is used to create strategy in order to fulfil dominant risk in the maintenance stage.

Energy performance contracting - energy saving potential of selected energy conservation measures (ECM)

Energy Technology Data Exchange (ETDEWEB)

Johansson, M. (Dansk Energi Analyse A/S, Frederiksberg (Denmark)); Langkilde, G.; Olesen, Bjarne W. (Technical Univ. of Denmark, ICIEE, Kgs. Lyngby (Denmark)); Moerck, O. (Cenergia Energy Consultants, Herlev (Denmark)); Sundman, O. (DONG Energy, Copenhagen (Denmark)); Engelund Thomsen, K. (Aalborg Univ., SBi, Hoersholm (Denmark))

2008-09-15

This report has been developed under the research project 'Etablering af grundlag for energitjenester i Danmark' (project number: ENS-33031-0185) under the Danish research programme - EFP. The objective of this project has been to contribute to the utilisation of the large potential for energy conservations in the building sector within the public, industry and service sectors through the development of a better basis for decision making for both the Energy Service Companies (ESCOes) and the building owners. The EU directive on Energy Service Contracting points at the buildings as the area where the biggest potential market for energy services and energy efficiency improvements are. The EFP-project has two parts: (1) A Danish part and (2) participation in the international cooperation project 'Holistic Assesment Tool-Kit on Energy Efficient Retrofit Measures for Government Buildings (EnERGo)', Annex 46 under the IEA R and D program 'Energy Conservation In Buildings And Community Systems' (ECBCS). This report describes the Danish contributions to the IEA projects subtask B, which has a primary objective to develop a database of energy conservation measures (ECM) with descriptions and performance characteristics of these. (au)

Energy performance contracting - energy saving potential of selected energy conservation measures (ECM)

Energy Technology Data Exchange (ETDEWEB)

Johansson, M [Dansk Energi Analyse A/S, Frederiksberg (Denmark); Langkilde, G; Olesen, Bjarne W [Technical Univ. of Denmark, ICIEE, Kgs. Lyngby (Denmark); Moerck, O [Cenergia Energy Consultants, Herlev (Denmark); Sundman, O [DONG Energy, Copenhagen (Denmark); Engelund Thomsen, K [Aalborg Univ., SBi, Hoersholm (Denmark)

2008-09-15

This report has been developed under the research project 'Etablering af grundlag for energitjenester i Danmark' (project number: ENS-33031-0185) under the Danish research programme - EFP. The objective of this project has been to contribute to the utilisation of the large potential for energy conservations in the building sector within the public, industry and service sectors through the development of a better basis for decision making for both the Energy Service Companies (ESCOes) and the building owners. The EU directive on Energy Service Contracting points at the buildings as the area where the biggest potential market for energy services and energy efficiency improvements are. The EFP-project has two parts: (1) A Danish part and (2) participation in the international cooperation project 'Holistic Assesment Tool-Kit on Energy Efficient Retrofit Measures for Government Buildings (EnERGo)', Annex 46 under the IEA R and D program 'Energy Conservation In Buildings And Community Systems' (ECBCS). This report describes the Danish contributions to the IEA projects subtask B, which has a primary objective to develop a database of energy conservation measures (ECM) with descriptions and performance characteristics of these. (au)

25 CFR 900.128 - What funding shall the Secretary provide in a construction contract?

Science.gov (United States)

2010-04-01

... Indian tribe or tribal organization of performing the contract, taking into consideration the terms of the contract and the requirements of the Act and any other applicable law; (b) The costs of preparing... contractor that carries out the construction contract to make a reasonable profit, taking into consideration...

Bi-directional interhemispheric inhibition during unimanual sustained contractions

Directory of Open Access Journals (Sweden)

Ni Zhen

2009-04-01

Full Text Available Abstract Background The interaction between homologous muscle representations in the right and left primary motor cortex was studied using a paired-pulse transcranial magnetic stimulation (TMS protocol known to evoke interhemispheric inhibition (IHI. The timecourse and magnitude of IHI was studied in fifteen healthy right-handed adults at several interstimulus intervals between the conditioning stimulus and test stimulus (6, 8, 10, 12, 30, 40, 50 ms. IHI was studied in the motor dominant to non-dominant direction and vice versa while the right or left hand was at rest, performing isometric contraction of the first dorsal interosseous (FDI muscle, and isometric contraction of the FDI muscle in the context of holding a pen. Results Compared with rest, IHI was reduced at all ISIs during contraction of either type (with or without the context of pen. IHI was reduced bi-directionally without evidence of hemispheric dominance. Further, contraction of the hand contralateral to the conditioning and test pulse yielded similar reductions in IHI. Conclusion These data provide evidence for bi-directional reduction of IHI during unimanual contractions. During unimanual, sustained contractions of the hand, the contralateral and ipsilateral motor cortices demonstrate reduced inhibition. The data suggest that unimanual movement decreases inhibition bi-directionally across motor hemispheres and offer one explanation for the observation of ipsilateral M1 activity during hand movements.

Changing incentives for long-term gas contracts

International Nuclear Information System (INIS)

Bohi, D.R.

1992-01-01

There is much concern about the absence of long-term gas contracts with fixed price and quantity conditions, which until recent years was the standard way of doing business in the gas industry. These types of contracts performed a valuable service in the development of the gas industry, and there comparative absence today is sometimes thought to be one reason for the current malaise in the industry. One hears the argument that there must be some kind of 'market failure' that prevents buyers and sellers from entering into these long term arrangements, and recent changes in state and federal regulations are often cited as the cause of the problem. The purpose of the author's remarks is to argue that what is taken as a breakdown in the market may be simply a reaction to a decline in economic incentives to enter into long-term contracts with rigid price and quantity terms. This is, in other words, simply one more aspect of change in the gas business that Frank Heintz referred to in his opening remarks this morning. The author starts by giving a brief description of the motives for engaging in long-term contracts, and then describes how incentives to use long-term contracts have declined for both gas buyers and gas sellers. He concludes that the decline in the use of long-term contracts is not cause for regulatory concern, but a result of the continuing transformation of the gas business to one that more closely resembles other commodity markets

Intramuscular fatty acid metabolism in contracting and non-contracting human skeletal muscle

DEFF Research Database (Denmark)

Sacchetti, M; Saltin, B; Osada, T

2002-01-01

The present study was undertaken to investigate the fate of blood-borne non-esterified fatty acids (NEFA) entering contracting and non-contracting knee extensor muscles of healthy young individuals. [U-(13)C]-palmitate was infused into a forearm vein during 5 h of one-legged knee extensor exercis...... and degraded and that the metabolic fate of plasma NEFA entering the muscle is influenced by muscle contraction, so that a higher proportion is directed towards oxidation at the expense of storage in mTAG.......The present study was undertaken to investigate the fate of blood-borne non-esterified fatty acids (NEFA) entering contracting and non-contracting knee extensor muscles of healthy young individuals. [U-(13)C]-palmitate was infused into a forearm vein during 5 h of one-legged knee extensor exercise.......05) in the contracting muscle, whereas it was unchanged in the non-contracting muscle. The uptake of plasma NEFA, as well as the proportion directed towards oxidation, was higher in the exercising compared to the non-exercising leg, whereas the rate of palmitate incorporation into mTAG was fourfold lower (0.70 +/- 0...

48 CFR 937.7040 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 937.7040... CONTRACTING SERVICE CONTRACTING Protective Services Contracting 937.7040 Contract clauses. The contracting... services” in all protective services solicitations and contracts involving DOE-owned facilities requiring...

MEDIATION CLAUSE IN COMMERCIAL CONTRACTS (THE ADVANTAGES OF MEDIATION CLAUSE IN COMMERCIAL CONTRACTS

Directory of Open Access Journals (Sweden)

Claudiu Florinel Augustin Ignat

2013-11-01

Full Text Available It often happens that the end of the contracts to be existing commercial relationships and a new contract has already intuitu personae character. But not always the case, that those who enter into legal commercial forcing consideration to the benefits and under commercial contracts, know the dealer or individual that established commercial relations. These traders resort to contractual conditions which states precisely the extent of the obligations assumed by each party, setting rules, deadlines, penalties and even ways of interpretation of contracts. Contracting Parties, namely traders aware that the law is the contract parties by special caluze invest ( to settle disputes concerning the interpretation or punishment for failure and even termination obligations tribunalule arbitration courts or the territorial and material .

THE MODIFICATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT ASSUMING UNPREDICTABILITY

Directory of Open Access Journals (Sweden)

Ana Vidat

2012-11-01

Full Text Available Adapting a gainful occupation to technological or economical development may require the amendment of individual labor contract under which the activity is performed, taking into account the intrinsic dynamics of employment. If the parties, by agreement, determine the content of the individual labor contract, all in agreement, may agree at any time to amend it according to art. 41 para. 1 of the Labour Code. And trough the provisions of civil law – common law for the employment law – are established legal the review of the effects of the legal actdue because of the breakage contractual balance due to change in the circumstances envisaged by the parties in the moment of conclusion of the legal act (the so-called theory of unpredictability, rebus sic stantibus – exception to the principle "pacta sunt servanda". Recourse to the legal document review because its effects are other than the parties agreed to establish and be binding in the moment of conclusion of that agreement. In the present paper we will refer to administrative contracts, given the subject of this paper – namely that the common law for individual employment contract is the civil law rules applicable to civil contracts. So in this paper does not refer to former commercial contracts, since the new Civil Code was achieved unification of private law matter – giving up the commercial contracts.

Measuring Satisfaction in the Program Manager, Procuring Contracting Officer Relationship

Science.gov (United States)

1997-12-01

Contracting Officer) and one of her customers (a U. S. Navy Program Manager ). From an examination of this relationship , the most appropriate criteria... Customer Satisfaction, Performance Measurement, Metrics, Contracting, Program Management 17. SECURITY CLASSIFICATION OF REPORT Unclassified...methodology for developing an instrument to measure the satisfaction of their customers , Navy Program Managers . The purpose of this thesis was to develop

Financial Management: Reopening of Contracts in the Mechanization of Contract Administration Services System

National Research Council Canada - National Science Library

Granetto, Paul

2003-01-01

.... In anticipation of transitioning to the new contract payment system, the Defense Finance and Accounting Service and the Defense Contract Management Agency were attempting to close out as many contracts as possible...

Practical guide on contract of technology

International Nuclear Information System (INIS)

Choi, Chiho

1991-12-01

This book gives descriptions of practical guide on contract of technology, which deals with basic of contract like meaning, function term, singing and sealing, contract and stamp tax, common things on contract of research like keeping secret and prevention and treat of dispute, compensation for damages, notice, expiration date of contract and measurement at end of contract, contract of joint research such as meaning and necessity, note at contract, check list at contract, and return of the research product.

Concept of contracting authority

OpenAIRE

Kasiliauskaitė, Vitalija

2016-01-01

Concept of Contracting Authority Law on Public Procurement the procurement concept implies the conclusion that public procurement be declared only such purchases are carried out by the contracting authority. The contracting authorities can be a subject of state and municipal management institutes, whose assignment authority is determined by a functional approach. Also, contracting authorities may be public and legal entities, but that the public interest and operates non-commercial activities...

Contracts and management services site support program plan WBS 6.10.14

Energy Technology Data Exchange (ETDEWEB)

Knoll, J.M. Jr.

1994-09-01

Contracts and Management Services is recognized as the central focal point for programs having company or sitewide application in pursuit of the Hanford Missions`s financial and operational objectives. Contracts and Management Services actively pursues cost savings and operational efficiencies through: Management Standards by ensuring all employees have an accessible, integrated system of clear, complete, accurate, timely, and useful management control policies and procedures; Contract Reform by restructuring the contract, organization, and cost accounting systems to refocus Hanford contract activities on output products; Systems and Operations Evaluation by directing the Cost Reduction program, Great Ideas, and Span of Management activities; Program Administration by enforcing conditions of Accountability (whether DEAR-based or FAR-based) for WHC, BCSR, ICF KH, and BHI; Contract Performance activities; chairing the WHC Cost Reduction Review Board; and analyzing companywide Performance Measures; Data Standards and Administration by establishing and directing the company data management program; giving direction to the major RL programs and mission areas for implementation of cost-effective and efficient data management practices; directing all operations, application, and interfaces contained within the Hanford PeopleCore System; directing accomplishment and delivery of TPA data management milestones; and directing the sitewide data management processes for Data Standards and the Data Directory.

Service quality in contracted facilities.

Science.gov (United States)

Rabbani, Fauziah; Pradhan, Nousheen Akber; Zaidi, Shehla; Azam, Syed Iqbal; Yousuf, Farheen

2015-01-01

The purpose of this paper is to explore the readiness of contracted and non-contracted first-level healthcare facilities in Pakistan to deliver quality maternal and neonatal health (MNH) care. A balanced scorecard (BSC) was used as the assessment framework. Using a cross-sectional study design, two rural health centers (RHCs) contracted out to Aga Khan Health Service, Pakistan were compared with four government managed RHCs. A BSC was designed to assess RHC readiness to deliver good quality MNH care. In total 20 indicators were developed, representing five BSC domains: health facility functionality, service provision, staff capacity, staff and patient satisfaction. Validated data collection tools were used to collect information. Pearson χ2, Fisher's Exact and the Mann-Whitney tests were applied as appropriate to detect significant service quality differences among the two facilities. Contracted facilities were generally found to be better than non-contracted facilities in all five BSC domains. Patients' inclination for facility-based delivery at contracted facilities was, however, significantly higher than non-contracted facilities (80 percent contracted vs 43 percent non-contracted, p=0.006). The study shows that contracting out initiatives have the potential to improve MNH care. This is the first study to compare MNH service delivery quality across contracted and non-contracted facilities using BSC as the assessment framework.

Industrial Services Contracts

CERN Document Server

2006-01-01

This document gives an overview of Industrial Services contracts at CERN, including the probable expenditure in 2006 and the estimated expenditure for 2007. The Finance Committee is invited: - to take note of the revised amount in 2006 for Industrial Services contracts referred to in this document of 138.02 MCHF at 2006 prices compared to the previously anticipated amount of 122.67 MCHF at 2005 prices; - to take note that the estimated amount in 2007 for the contracts referred to in this document will be 112.54 MCHF at 2006 prices; - for the reasons set out in this document, the Finance Committee is also invited to approve the requests for the contracts presented and highlighted in the Annexes.

DOE's foreign research reactor transportation services contract: Perspective and experience

International Nuclear Information System (INIS)

Patterson, John

1997-01-01

DOE committed to low- and moderate-income countries participating in the foreign research reactor spent fuel returns program that the United States government would provide for the transportation of the spent fuel. In fulfillment of that commitment, DOE entered into transportation services contracts with qualified, private-sector firms. NAC will discuss its experience as a transportation services provider, including range of services available to the foreign reactors, advantages to DOE and to the foreign research reactors, access to contract services by high income countries and potential advantages, and experience with initial tasks performed under the contract. (author)

Contract Renewal Information - all Contracts

Data.gov (United States)

Department of Housing and Urban Development — Multifamily Portfolio datasets (section 8 contracts) - The information has been compiled from multiple data sources within FHA or its contractors. HUD oversees more...

Employee contract issues for dermatologists.

Science.gov (United States)

Brown, Christopher E; Indest, George F

2013-12-01

Employees and employers routinely face negotiating and preparing physician employment contracts. It is important for both sides to know and understand the basic information on what a comprehensive employment contract for a dermatologist should contain. There are various employment contract provisions from both the employee's perspective and the employer's perspective that must be considered when preparing physician employment contracts. This article provides basic advice and recommendations on requirements that should be included in such contracts. It suggests legal pitfalls that can be avoided through various contract clauses.

INFLUENCE OF TYPE OF MUSCLE CONTRACTION AND GENDER ON POSTACTIVATION POTENTIATION OF UPPER AND LOWER LIMB EXPLOSIVE PERFORMANCE IN ELITE FENCERS

Directory of Open Access Journals (Sweden)

Charilaos Tsolakis

2011-09-01

Full Text Available The purpose of this study was to evaluate the postactivation potentiation (PAP effect of isometric and plyometric contractions on explosive performance of the upper and the lower limbs in male and female elite athletes. Thirteen male and ten female international level fencers performed four protocols of either isometric (3 sets of 3 sec or plyometric (3 sets of 5 repetitions bench and leg press, in a within subject randomized design. Before and immediately after the PAP treatment and following 4, 8, 12 min, explosive performance was measured by performing a countermovement jump (CMJ or a bench press throw. Statistical analysis revealed significant time effect for peak leg power during the CMJ (p < 0.001 only for men, with values after the isometric PAP treatment being lower than baseline at the 8 and 12 min time points (by 7.5% (CI95% = 3.9-11.2% and 8.7% (CI95% = 6.0-11.5%, respectively, while after the plyometric PAP treatment peak leg power remained unchanged. A significant negative correlation was found between leg strength (as expressed by 1-RM leg press performance and the change in peak leg power between baseline and after 12 min of recovery only in male fencers (r = -0.55, p < 0.05, suggesting that stronger individuals may show a greater decrease in peak leg power. Based on the above results we conclude that lower body power performance in international level fencers may be negatively affected after isometric contractions and thus they should be advised against using isometric exercises to induce PAP with the protocol prescribed in the present study. Furthermore, gender and strength level must be considered in the practical application of PAP

The use of performance measurement systems in the public sector: effects on performance

NARCIS (Netherlands)

Speklé, R.; Verbeeten, F.H.M.

2014-01-01

We study the use of performance measurement systems in the public sector. We hypothesize that the way in which these systems are being used affects organizational performance, and that these performance effects depend on contractibility. Contractibility encompasses clarity of goals, the ability to

48 CFR 42.502 - Selecting contracts for postaward orientation.

Science.gov (United States)

2010-10-01

...-disabled veteran-owned small business concern; (j) Contractor's performance history with small, small..., and complexity of the contract; (c) Complexity and acquisition history of the product or service; (d... subcontracting; (h) Contractor's performance history and experience with the product or service; (i) Contractor's...

Other enrichment related contracts

International Nuclear Information System (INIS)

Hall, J.C.

1978-01-01

In addition to long-term enrichment contracts, DOE has other types of contracts: (1) short-term, fixed-commitment enrichment contract; (2) emergency sales agreement for enriched uranium; (3) feed material lease agreement; (4) enriched uranium storage agreement; and (5) feed material usage agreement

Voluntary low-force contraction elicits prolonged low-frequency fatigue and changes in surface electromyography and mechanomyography

DEFF Research Database (Denmark)

Blangsted, Anne Katrine; Sjøgaard, Gisela; Madeleine, Pascal

2005-01-01

Controversies exist regarding objective documentation of fatigue development with low-force contractions. We hypothesized that non-exhaustive, low-force muscle contraction may induce prolonged low-frequency fatigue (LFF) that in the subsequent recovery period is detectable by electromyography (EMG......) and in particular mechanomyography (MMG) during low-force rather than high-force test contractions. Seven subjects performed static wrist extension at 10% maximal voluntary contraction (MVC) for 10 min (10%MVC10 min). Wrist force response to electrical stimulation of extensor carpi radialis muscle (ECR) quantified...... LFF. EMG and MMG were recorded from ECR during static test contractions at 5% and 80% MVC. Electrical stimulation, MVC, and test contractions were performed before 10%MVC10 min and at 10, 30, 90 and 150 min recovery. In spite of no changes in MVC, LFF persisted up to 150 min recovery but did...

48 CFR 1316.406 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 1316.406 Section 1316.406 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Incentive Contracts 1316.406 Contract clauses. Insert a clause...

48 CFR 716.406 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 716.406 Section 716.406 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Cost Reimbursement Contracts 716.406 Contract clauses. The...

48 CFR 916.307 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 916.307 Section 916.307 Federal Acquisition Regulations System DEPARTMENT OF ENERGY CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Cost-Reimbursement Contracts 916.307 Contract clauses. (g) Insert the...

48 CFR 935.071 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 935.071... CONTRACTING RESEARCH AND DEVELOPMENT CONTRACTING 935.071 Contract clause. The contracting officer must insert the clause at 952.235-71, Research Misconduct, in contracts, including management and operating...

3 CFR - Government Contracting

Science.gov (United States)

2010-01-01

... contract oversight could reduce such sums significantly. Government outsourcing for services also raises... a risk that taxpayer funds will be spent on contracts that are wasteful, inefficient, subject to... mission. In such cases, the agency must ensure that the risks associated with noncompetitive contracts are...

Deliberating A Contract Type Based Risk Mitigation Strategy For South African Defense Acquisitions

Science.gov (United States)

2016-06-01

cash flow may lead to cost overruns and schedule slippage. Table 1 shows the description, schedule and cost performance status for two SA DOD...possibility of applying a contract-type based strategy to manage acquisition program costs and schedule risks for the South African (SA) Department of...deviations between technical, cost and schedule performance. 14. SUBJECT TERMS acquisition process, defense acquisition, contract-type, risk

Temporary labour contracts

CERN Document Server

2000-01-01

The five contracts for Temporary Labour assignments on the CERN site (L020/PE, L 021/PE, L 022/PE, L 023/PE and L 024/PE) approved by the Finance Committee in March 1996 (CERN/FC/3857) reached the end of their initial three-year contractual period at the end of December 1999. At CERN?s request, in September 1999 the Finance Committee approved an extension of these contracts for the year 2000 for a total amount not exceeding 6 000 000 Swiss francs (CERN/FC/4196). In December 1999, one of the five contractors, FIRCROFT, withdrew from its contract for 2000. Following the satisfactory execution of the four remaining contracts during 2000, CERN requests approval to extend them from January 2001 for the second of the two optional years provided for in the original adjudication. The Finance Committee is invited to approve the extension of the existing contracts until 31 December 2001 for a total amount not exceeding 6 000 000 Swiss francs at 2000 prices.

Networks and informal contract law

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

2017-01-01

It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

Characteristics of nuclear contracts. Pt. 1

International Nuclear Information System (INIS)

Blanchard, R.

1976-01-01

While the object of nuclear contracts is specific, these contracts are concluded according to proven techniques based on general regulations on contracts. Following a review of contract classification, they are differentiated according to the nature of the co-contracting parties, the purpose of the contract itself, the procedure for drawing up the contracts, and payment. The operations prior to the contract vary in that they may include a call for tenders, an option for delays or a letter of intent. (NEA) [fr

An Analysis of Army Contract Administration With Regard to Contracting Officers Representatives

Science.gov (United States)

2016-09-01

TO CONTRACTING OFFICER’S REPRESENTATIVES September 2016 By: Tanya V. Peel Angel R. Acevedo Advisors : Karen Landale Matthew Kremer...among contracting personnel and CORs requires improvement, staff levels need to be increased to support contract administration, managers nominate CORs...Landale, Lead Advisor Matthew Kremer, Support Advisor Brad Naegle Academic Associate Graduate School of Business and Public

Adding Concurrency to Smart Contracts

OpenAIRE

Dickerson, Thomas; Gazzillo, Paul; Herlihy, Maurice; Koskinen, Eric

2017-01-01

Modern cryptocurrency systems, such as Ethereum, permit complex financial transactions through scripts called smart contracts. These smart contracts are executed many, many times, always without real concurrency. First, all smart contracts are serially executed by miners before appending them to the blockchain. Later, those contracts are serially re-executed by validators to verify that the smart contracts were executed correctly by miners. Serial execution limits system throughput and fails ...

48 CFR 732.111 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 732.111... CONTRACTING REQUIREMENTS CONTRACT FINANCING General 732.111 Contract clauses. (a) [Reserved] (b) USAID may... Agency-specific indefinite quantity contracts that are a combination of contract types. Rather than using...

ENFORCEMENT OF MORTGAGE CONTRACT

Directory of Open Access Journals (Sweden)

Alisa A. BELU

2016-07-01

Full Text Available A chattel mortgage contract is the expression of a real guarantee that gives the creditor precedence over other creditors, in addition to the general pledge upon the belongings of the debtor. It refers to the sale of mortgaged movable assets, exclusively or prioritized in favor of the mortgaging creditor, in case the debtor does not comply with his / her commitments, under the signed mortgage contract. Beginning from this purpose, shared by both sides (as the chattel mortgage contract is synallagmatic, in case the debtor is unable to fulfill his / her commitments, the sides reach a situation of enforcement of the signed chattel mortgage contract. Given the legal status of the chattel mortgage contract [Art. 2387-2477 Noul Cod Civil , Universul Juridic, Bucureşti, 2016, ISBN 978-606-673-792-0], the principle of binding force of the contract and the principle according to which signed legal conventions will entail legal effects, the Romanian law maker developed the proper legal framework for the enforcement of the chattel mortgage contract. [art. 622 si urm. Noul Cod de Procedură Civilă, ed. Hamangiu, Bucureşti, 2016, ISBN 978-606-27-0459-9].

48 CFR 1319.811-3 - Contract clauses.

Science.gov (United States)

2010-10-01

... shall insert the clause 1352.219-71, Notification to Delay Performance (Deviation), in solicitations and...) Direct Award (Deviation), in direct contracts and purchase orders processed under the Partnership... 1352.219-72, Notification of Competition Limited to Eligible 8(a) Concerns, Alternate III (Deviation...

Smart contracts sobre Bitcoin

OpenAIRE

Andreu Alemany, Josep Miquel

2016-01-01

El present treball final de màster realitza una introducció als smart contracts. El treball introdueix el concepte de contracte intel·ligent, els seus usos i alguns exemples existents. Seguidament proporciona les nocions necessàries de les transaccions del protocol Bitcoin per poder implementar un contracte intel·ligent, usant la blockchain que ofereix el protocol. Per últim, s'explica la implementació d'un contracte intel·ligent usant bitcoin: un canal de micropagaments. El presente traba...

48 CFR 3.1004 - Contract clauses.

Science.gov (United States)

2010-10-01

... applicable posters; and (ii) Insert the website link(s) or other contact information for obtaining the agency... Contract clauses. (a) Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct... or will be performed entirely outside the United States, insert the clause at FAR 52.203-14, Display...

36 CFR 51.48 - What happens to a right of preference in the event of termination of a concession contract for...

Science.gov (United States)

2010-07-01

... in the event of termination of a concession contract for unsatisfactory performance or other breach... terminated a concession contract for less than satisfactory performance or other breach will not limit the... preference in the event of termination of a concession contract for unsatisfactory performance or other...

Effect of Knee Joint Angle and Contraction Intensity on Hamstrings Coactivation.

Science.gov (United States)

Wu, Rui; Delahunt, Eamonn; Ditroilo, Massimiliano; Lowery, Madeleine M; DE Vito, Giuseppe

2017-08-01

This study investigated the effect of knee joint angle and contraction intensity on the coactivation of the hamstring muscles (when acting as antagonists to the quadriceps) in young and older individuals of both sexes. A total of 25 young (24 ± 2.6 yr) and 26 older (70 ± 2.5 yr) healthy men and women participated. Maximal voluntary isometric contraction of the knee extensors and flexors was assessed at two knee joint angles (90° and 60°, 0° = full extension). At each angle, participants performed submaximal contractions of the knee extensors (20%, 50%, and 80% maximal voluntary isometric contraction), whereas surface EMG was simultaneously acquired from the vastus lateralis and biceps femoris muscles to assess the level (EMG root-mean-square) of agonist activation and antagonist coactivation. Subcutaneous adipose tissue in the areas corresponding to surface EMG electrode placements was measured via ultrasonography. The contractions performed at 90° knee flexion demonstrated higher levels of antagonist coactivation (all P < 0.01) and agonist activation (all P < 0.01) as a function of contraction intensity compared with the 60° knee flexion. Furthermore, after controlling for subcutaneous adipose tissue, older participants exhibited a higher level of antagonist coactivation at 60° knee flexion compared with young participants (P < 0.05). The results of the present study suggest that 1) the antagonist coactivation is dependent on knee joint angle and contraction intensity and 2) subcutaneous adipose tissue may affect the measured coactivation level likely because of a cross-talk effect. Antagonist coactivation may play a protective role in stabilizing the knee joint and maintaining constant motor output.

New staff contract policy

CERN Document Server

HR Department

2006-01-01

Following discussion at TREF and on the recommendation of the Finance Committee, Council approved a new staff contract policy, which became effective on 1 January 2006. Its application is covered by a new Administrative Circular No. 2 (Rev. 3) 'Recruitment, appointment and possible developments regarding the contractual position of staff members'. The revised circular replaces the previous Circulars No. 9 (Rev. 3) 'Staff contracts' and No. 2 (Rev. 2) 'Guidelines and procedures concerning recruitment and probation period for staff members'. The main features of the new contract policy are as follows: The new policy provides chances for long-term employment for all staff recruits staying for four years without distinguishing between those assigned to long-term or short-term activities when joining CERN. In addition, it presents a number of simplifications for the award of ICs. There are henceforth only 2 types of contract: Limited Duration (LD) contracts for all recruitment and Indefinite Contracts (IC) for...

Project Delivery Acquisition and Contracting Plan for the Tank Farm Contractor

International Nuclear Information System (INIS)

MERCADO, L.C.

2000-01-01

This document is a plan presenting the process, strategies and approaches for vendor contracting by the Tank Farm Contractor. The plan focuses on contracting structures, practices, methods, and desired approaches in contracting. The U.S. Department of Energy (DOE), Office of River Protection (ORP) has contracted with the CH2M HILL Hanford Group, Inc. (CHG), as the Tank Farm Contractor (TFC), to support vitrification of Hanford Site tank waste by the Privatization Contractor. During Waste Feed Delivery Phase 1, waste will be retrieved from certain double-shell tanks and delivered to the Privatization Contractor to meet contract feed delivery requirements. Near-term project goals include upgrading infrastructure systems; retrieving and delivering the waste; and accepting the waste packages for interim onsite storage and disposal. Project Delivery includes individual projects assigned to provide the infrastructure and systems responsible to provide engineering, design, procurement, installation/construction, and testing/turnover of systems for retrieval of waste from Hanford double-shell tanks. This plan sets the requirements for projects work scope, contracting practices, structures, methods, and performance measurements. The plan is designed to integrate Life-Cycle Projects acquisitions and provide a consistent contracting approach. This effort will serve as a step improvement in contract reform implementing commercial practices into DOE projects

Effect of age and gender on the surface electromyogram during various levels of isometric contraction.

Science.gov (United States)

Arjunan, Sridhar; Kumar, Dinesh; Kalra, Chandan; Burne, John; Bastos, Teodiano

2011-01-01

This study reports the effects of age and gender on the surface electromyogram while performing isometric contraction. Experiments were conducted with two age groups--Young (Age: 20-29) and Old (Age: 60-69) where they performed sustained isometric contractions at various force levels (50%, 75%, 100% of maximum voluntary contraction). Traditional features such as root mean square (RMS) and median frequency (MDF) were computed from the recorded sEMG. The result indicates that the MDF of sEMG was not significantly affected by age, but was impacted by gender in both age groups. Also there was a significant change in the RMS of sEMG with age and gender at all levels of contraction. The results also indicate a large inter-subject variation. This study will provide an understanding of the underlying physiological effects of muscle contraction and muscle fatigue in different cohorts.

Automatic Conflict Detection on Contracts

Science.gov (United States)

Fenech, Stephen; Pace, Gordon J.; Schneider, Gerardo

Many software applications are based on collaborating, yet competing, agents or virtual organisations exchanging services. Contracts, expressing obligations, permissions and prohibitions of the different actors, can be used to protect the interests of the organisations engaged in such service exchange. However, the potentially dynamic composition of services with different contracts, and the combination of service contracts with local contracts can give rise to unexpected conflicts, exposing the need for automatic techniques for contract analysis. In this paper we look at automatic analysis techniques for contracts written in the contract language mathcal{CL}. We present a trace semantics of mathcal{CL} suitable for conflict analysis, and a decision procedure for detecting conflicts (together with its proof of soundness, completeness and termination). We also discuss its implementation and look into the applications of the contract analysis approach we present. These techniques are applied to a small case study of an airline check-in desk.

Contracting for Public Services

DEFF Research Database (Denmark)

Greve, Carsten

strategic purchasing understanding markets communicating the contracting decision designing and drafting the contract the role of the consumer the regulation of service provision Illustrated throughout with practitioner case-studies from a range of OECD countries, this book presents an important new......Insightful and comprehensive and covering new subjects like globalization and IT, this text, international in its approach, provides a thorough introduction to the key phases of the contracting process and the skills required by managers in its implementation. These include: policy for contracting...

An Analysis of USMC Facilities Support Contracts with a Focus on Base Maintenance

Science.gov (United States)

2017-06-01

success and customer satisfaction . Furthermore, it is in the best interest of all for the contractor to know immediately of any noted deficiencies in...award a contract for an ill- defined requirement. The end result is a less expensive contract, happier contractor, and happier customers . Therefore, a...Supplement [NMCARS], 2016). Performance-based contracting, as defined in FAR 2.101, is “an acquisition structured around the results to be achieved

Contract law as fairness

NARCIS (Netherlands)

Klijnsma, J.

2015-01-01

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

OpenAIRE

Philippa Ryan

2017-01-01

Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet...

Contractibility of curves

Directory of Open Access Journals (Sweden)

Janusz Charatonik

1991-11-01

Full Text Available Results concerning contractibility of curves (equivalently: of dendroids are collected and discussed in the paper. Interrelations tetween various conditions which are either sufficient or necessary for a curve to be contractible are studied.

Private Sector Contracting and Democratic Accountability

Science.gov (United States)

DiMartino, Catherine; Scott, Janelle

2013-01-01

Public officials are increasingly contracting with the private sector for a range of educational services. With much of the focus on private sector accountability on cost-effectiveness and student performance, less attention has been given to shifts in democratic accountability. Drawing on data from the state of New York, one of the most active…

Human capital and risk aversion in relational incentive contracts

International Nuclear Information System (INIS)

Kvaloey, Ola

2003-01-01

This paper examines a self-enforced relational incentive contract between a risk neutral principal and a risk averse agent where the agent's human capital is essential in ex post realization of values. I analyse the effect of outside options on the optimal bonus level, showing how the presence of ex post outside options may impede desirable degrees of performance pay. The effect of risk aversion and incentive responsiveness is analysed by allowing for linear contracts. I show that the first order effect of these parameters are the same as in verifiable contracts, but second order effects show that the optimal bonus level's sensitivity to risk aversion and incentive responsiveness increases with the discount factor. The analysis has interesting implications on firm boundaries and specificity choices. (author)

Synthesis and structural insight into ESX-1 Substrate Protein C, an immunodominant Mycobacterium tuberculosis-secreted antigen.

Science.gov (United States)

Son, Soo Jung; Harris, Paul W R; Squire, Chris J; Baker, Edward N; Brimble, Margaret A

2016-05-01

Tuberculosis, the second leading cause of death from a single infectious agent, is recognized as a major threat to human health due to a lack of practicable vaccines against the disease and the widespread occurrence of drug resistance. With a pressing need for a novel protein target as a platform for new vaccine development, ESX-1 Substrate Protein C (EspC) was recently identified as a novel Mycobacterium tuberculosis-secreted antigen that is as immunodominant as the two specific immunodiagnostic T-cell antigens, CFP-10 and ESAT-6. Here, we present the first chemical total synthesis, folding conditions, and circular dichroism data of EspC. © 2016 Wiley Periodicals, Inc. Biopolymers (Pept Sci) 106: 267-274, 2016. © 2016 Wiley Periodicals, Inc.

Semantic Expression and Execution of B2B Contracts on Multimedia Content

Science.gov (United States)

Rodríguez-Doncel, Víctor; Delgado, Jaime

Business to business commerce of audiovisual material can be governed by electronic contracts, in the same way as digital licenses govern business to consumer transactions. The digital licenses for end users have been expressed either in proprietary formats or in standard Rights Expression Languages and they can be seen as the electronic replacement of distribution contracts and end user licenses. However, these languages fail to replace the rest of the contracts agreed along the complete Intellectual Property value chain. To represent their corresponding electronic counterpart licenses, a schema based on the standard eContracts and the Media Value Chain Ontology is presented here. It has been conceived to deal with a broader set of parties, to handle typical clauses found in the audiovisual market contracts, and to govern every transaction performed on IP objects.

Psychological Contract in High Performance Companies: The Pain and the Pleasure of being a Contemporary Worker

Directory of Open Access Journals (Sweden)

Diana Rebello Neves

2014-08-01

Full Text Available Broader changes in capitalist production structure outlined a scenario marked by fierce competition between companies, which is demanding a workforce increasingly committed and willing to devote much of his time to organizations (GREEN, 2001. This intense dedication of the worker involves aspects ranging from the increase in working hours, through the way of thinking in the organization, seen as an extension of their lives, until the option for work at the expense of personal life. It is in this context that organizations of traditional work have given way to organizations using the systems characterized by high work performance. These systems provide workers greater autonomy and control over their work processes, which give them greater responsibilities to solve technical and operational problems (APPELBAUM, 2002. Although there are many recent studies that address this new dynamic work (HUGHES, 2008; WOOD and MENEZES, 2011 they mostly tend to focus on explaining the characteristics of high performance work systems. However, few studies are devoted to better understand the motivations that lead individuals to work intensified pace and long hours, apparently voluntarily. Evidence of the growing adoption of high performance work systems, in the current context of labor relations, as well as the attractiveness that organizations adopting the exercise over a significant group of workers, motivated this research aimed to know the terms psychological contracts established between professional and high performance organizations.

42 CFR 423.871 - Contract terms and conditions.

Science.gov (United States)

2010-10-01

... administrative costs and return on investment and are tied to the performance measures established by CMS for the... part, an eligible fallback entity with a contract under this part may not engage in any marketing or...

A Longitudinal Study of Age-Related Differences in Reactions to Psychological Contract Breach

NARCIS (Netherlands)

Bal, P.M.; Lange, A.H. de; Jansen, P.G.W.; Velde, M.E.G. van der

2013-01-01

The current paper investigated age-related differences in the relations of psychological contract breach with work outcomes over time. Based on affective events theory, we expected job satisfaction to mediate the longitudinal relationship of contract breach with changes in job performance. Moreover,

A longitudinal study of age-related differences in reactions to psychological contract breach

NARCIS (Netherlands)

Bal, P.M.; de Lange, A.H.; Jansen, P.G.W.; van der Velde, E.G.

2013-01-01

The current paper investigated age-related differences in the relations of psychological contract breach with work outcomes over time. Based on affective events theory, we expected job satisfaction to mediate the longitudinal relationship of contract breach with changes in job performance. Moreover,

a longitudinal study of age-related differences in reactions to phsycological contract breach

NARCIS (Netherlands)

Paul Jansen; Annet de Lange; Matthijs Bal; Mandy van der Velde

2013-01-01

The current paper investigated age‐related differences in the relations of psychological contract breach with work outcomes over time. Based on affective events theory, we expected job satisfaction to mediate the longitudinal relationship of contract breach with changes in job performance. Moreover,

Pricing structures in US coal supply contracts

Science.gov (United States)

Kacker, Kanishka

The subject of my dissertation is the study of coal procurement by electric utilities in the US over 2 decades, from 1979 to 2000. Energy markets are typically characterized by severe contracting problems. Buyers and sellers therefore employ various instruments, such as contract length or complex pricing arrangements, to restrict these problems. Relationship specific investment, wherein buyers make investments specific to their suppliers, has been advanced as a prominent explanation for contractual length. Investment decisions are however endogenous in length or pricing, making causal identification of the role of investment specificity difficult. In my first chapter, I attempt a resolution. I use the 1990 Clean Air Act Amendment as an exogenous shifter of the extent of relationship specific investment. A key feature of the Amendment's design helps me define a difference-in-difference model arguably free of the endogeneity issues discussed above. I find that the plants forced into switching - Phase I plants located in the US Midwest - are more likely to choose fixed price contracts than those that were not. Further they also write contracts of shorter terms, with the reduction being approximately 30%. Considerably little is known about the performance implications of contractual choices. These form the basis for Chapter 2. Here I find prices to be lower, by between 5% to 20% of the total transaction price, but the probability of renegotiation higher, under fixed price contracts than under escalator or cost-plus contracts. Contract choices appear consistent with a trade-off between establishing incentives ex-ante and lowering negotiation costs ex-post, with relationship specific investments in particular making such a trade-off compelling. Chapter 3 considers the regulatory environment these utilities were subject to. Both incentive based regulation as well as the restructuring of electricity generation are smaller in comparison to relationship specific investment

Analysis of foreign petroleum contracts

International Nuclear Information System (INIS)

Moran, S.S.

1991-01-01

Most foreign exploration and production contracts are of two basic types: Production-Sharing contracts in which a portion of oil revenues, 'cost oil,' is available to the contractor for recoupment of exploration and production costs with the remainder, 'profit oil,' being shared according to an agreed-upon formula, and the familiar Tax-Royalty contract in which a share of petroleum revenues goes to the host country 'off the top' as royalties, and operating profits are taxed at the going rate. Bottom line splits of profits between host governments and contractors, which are approximately 50-50 in the United States, are typically in the 60-40 to 85-15 range elsewhere, with lower profit shares being offset by the higher volume potential and lower costs that may be associated with less mature exploration areas. Foreign contract qualities can be grossly compared by walking typical field models through the contracts to arrive at the bottom line profit splits. Variations within the contract forms include government participation, sliding scale contract elements, special taxes related to rates of return, etc. Often, contract terms are subject to negotiation and the tradeoffs between contract elements must be understood. Contract life, amortization schedules, fund repatriation, currency exchange rates, and the interaction of foreign and United States tax regimens are among the other factors that must be considered. Final decisions on foreign ventures must combine consideration of contracts, economic projections, hydrocarbon volumes, exploration cost estimates, and the estimated probability of success into an overall project assessment

Drilling contracts and incentives

International Nuclear Information System (INIS)

Osmundsen, Petter; Sorenes, Terje; Toft, Anders

2008-01-01

Shortages of rigs and personnel have encouraged discussion of designing incentive contracts in the drilling sector. However, for the drilling contracts, there are not a large variety of contract types in use. This article describes and analyses incentives for drilling contractors. These are directly represented by the compensation formats utilised in the present and in the consecutive drilling contracts. Indirectly, incentives are also provided by the evaluation criteria that oil companies use for awarding drilling assignments. Changes in contract format pose a number of relevant questions relating to resource management, and the article takes an in-depth look at some of these. Do evaluation criteria for awarding drilling assignments encourage the development of new technology and solutions? How will a stronger focus on drilling efficiency influence reservoir utilisation?

OBJECT OF THE CONTRACT FROM THE PERSPECTIVE OF THE CURRENT CIVIL CODE

Directory of Open Access Journals (Sweden)

Raluca Antoanetta TOMESCU

2017-07-01

Full Text Available An indispensable element of social relations, primarily the contract governs our existence. Virtually anything in our lives is governed by contracts. Any move we make, school, work performed, marriage, holidays, a house or a new car, will lead to the acceptance of a contract, or are a consequence of their existence. In the light of the codifications set forth in the current Civil Code, which regularly follows the modern proposals for contract rules, the legislator gives us a clear perspective on its essential conditions of validity. Thus, along with the ability to contract and the consent of the parties, as essential conditions of validity of the contract, the cause and object of the contract also arise. The purpose of this study is therefore to reflect upon the meaning of some terms such as "the object of the contract", "the object of the obligation" or "the object of the benefit" in agreement with the regulations contained in the current Civil Code, especially because in practice but sometimes also in legal doctrine, sufficient attention is not given to the legal sense of each of them, the current rule bringing clarifying regulations.

An unsatisfactory contract policy

CERN Multimedia

Association du personnel

2012-01-01

For the last 15 years contract policy has been one of the top priorities of CERN staff, as expressed in successive surveys initiated by the Staff Association. In one’s professional life, having some forward vision of one’s career prospects is the key to loyalty and motivation. On the contrary, instability about the future is always at the root of anxiety, conflicts, or even health problems. A good employer must therefore balance the needs of the Company and those of its employees. CERN’s current contract policy, as described in the Administrative Circular No 2, states that staff members should first obtain a limited duration (LD) contract of up to five years. Then, if they want to stay in the Organization, staff members must apply, usually once a year, and before the end of their LD contract, for an indefinite contract (IC) post. All candidates for an IC post are considered by the Review Board for the award of indefinite contracts (Review Board) which will choose the most suita...

Clemson Apparel Research. Years 4 and 5 Demonstration Contract

National Research Council Canada - National Science Library

Kernodle, Joseph

2001-01-01

The purpose of this contract is to develop and demonstrate modern technologies and management practices that optimize the performance of the Department of Defense's Clothing and Textile's supply chain...

Non-price competition in NHS secondary care contracting: empirical results.

Science.gov (United States)

Gray, Keith; Bailey, Mark F

2008-01-01

The purpose of this paper is, for English acute NHS hospitals, to investigate how they operate their governance systems in the area of secondary care contracting and identify the key determinants of relationship building within the contacting/commissioning of secondary care focusing upon non-price competitive behaviour. A survey instrument was designed and mailed to a sample of all acute NHS hospitals in England of whom 35 per cent responded. This survey was then analysed using logit techniques. The analysis suggests that: those NHS Trusts offering volume discounts, non-price competitive incentives or having a strong belief in performance being by "payment by results" criteria are significantly more likely to offer augmented services to secondary care purchasers over and above contractual minima; those NHS Trusts strongly believing in the importance of non-price factors (such as contract augmentation or quality) in the contracting process are more likely to offer customisation of generic services; and those NHS Trusts using cost-sharing agreements to realign contracts when negotiating contracts or who strongly believe in the importance of service augmentation in strengthening relationships, or that increased hospital efficiency is the most important aspect of recent NHS reform are more likely to utilise default measures to help realign contracts. This paper fills a gap in the area of non-price competition in English NHS acute secondary care contracting.

Get More for Your Maintenance Dollar through Contracting.

Science.gov (United States)

Donahue, Ron

1983-01-01

The use of contractors for the performance of maintenance duties in parks and recreational facilities is recommended as a legitimate tool to improve productivity or upgrade quality. An example of the use of contracts is provided. (CJ)

Darwinian algorithms and the Wason selection task: a factorial analysis of social contract selection task problems.

Science.gov (United States)

Platt, R D; Griggs, R A

1993-08-01

In four experiments with 760 subjects, the present study examined Cosmides' Darwinian algorithm theory of reasoning: specifically, its explanation of facilitation on the Wason selection task. The first experiment replicated Cosmides' finding of facilitation for social contract versions of the selection task, using both her multiple-problem format and a single-problem format. Experiment 2 examined performance on Cosmides' three main social contract problems while manipulating the perspective of the subject and the presence and absence of cost-benefit information. The presence of cost-benefit information improved performance in two of the three problems while the perspective manipulation had no effect. In Experiment 3, the cost-benefit effect was replicated; and performance on one of the three problems was enhanced by the presence of explicit negatives on the NOT-P and NOT-Q cards. Experiment 4 examined the role of the deontic term "must" in the facilitation observed for two of the social contract problems. The presence of "must" led to a significant improvement in performance. The results of these experiments are strongly supportive of social contract theory in that cost-benefit information is necessary for substantial facilitation to be observed in Cosmides' problems. These findings also suggest the presence of other cues that can help guide subjects to a deontic social contract interpretation when the social contract nature of the problem is not clear.

13 CFR 125.2 - Prime contracting assistance.

Science.gov (United States)

2010-01-01

... suitable for award to one or more small business concerns. (iii) Single contract, as used in this... individuals and small business concerns owned and controlled by women; and (ii) Avoid unnecessary and... the rate of participation provided under the subcontracting plan for small business in the performance...

Ontologies for commitment-based smart contracts

NARCIS (Netherlands)

de Kruijff, Joost; Weigand, Hans; Panetto, H; Debruyne, C.; Gaaloul, W.; Papazoglou, M.; Paschke, A.; Ardagna, C.A.; Meersman, R.

2017-01-01

Smart contracts gain rapid exposure since the inception of blockchain technology. Yet there is no unified ontology for smart contracts. Being categorized as coded contracts or substitutes of conventional legal contracts, there is a need to reduce the conceptual ambiguity of smart contracts. We

48 CFR 46.314 - Transportation contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Transportation contracts... MANAGEMENT QUALITY ASSURANCE Contract Clauses 46.314 Transportation contracts. The contracting officer shall insert the clause at 52.246-14, Inspection of Transportation, in solicitations and contracts for freight...

Contracting for nuclear fuels

International Nuclear Information System (INIS)

Schuessler, C.M.

1981-10-01

This paper deals with uranium sales contracts, i.e. with contractual arrangements in the first steps of the fuel cycle, which cover uranium production and conversion. The various types of contract are described and, where appropriate, their underlying business philosophy and their main terms and conditions. Finally, the specific common features of such contracts are reviewed. (NEA) [fr

Sustainable Contracts in the Bottled Tawilis Value Chain in Taal, Batangas, Philippines

Directory of Open Access Journals (Sweden)

Cynthia V. Almazan

2012-03-01

Full Text Available This research was conceptualized to investigate the potential impact of contracts on the sustainability of the bottled tawilis supply chain, i.e. sustainability in terms of environmental protection, well-being of the people whose livelihood depends on tawilis production, processing and marketing; and enhanced economic gains from the chain. A survey amongst fishermen, middlemen and processors was performed in the lake Taal area. The study concludes that formal contracts, with specific demands to gear used and the handling of fish, may stimulate the catch of minimum and uniform sized fish. Such contracts may also stimulate delivery of higher quality fish by fishermen. These contracts thereby enhance sustainable fishing and increase in fishermen’s income. Direct (win-win contracts between processors and fishermen seem to be the best way to stimulate delivery of sustainably catched fish. Government should strongly increase enforcement of sustainable fishing practices and stimulate contracting for sustainable fishing in this chain.

Towards Certified Management of Financial Contracts

DEFF Research Database (Denmark)

Bahr, Patrick; Berthold, Jost; Elsman, Martin

2014-01-01

. The seminal work by Peyton-Jones and Eber on financial contracts shows how an algebraic approach to contract specification can be used for valuation of contracts (when combined with a model of the underlying observables) and for managing how contracts evolve under so-called fixings and decision......-taking, with the contracts eventually evaporating into the empty contract, for which no party have further obligations. The ideas have emerged into Eber's company LexiFi, which has become a leading software provider for a range of financial institutions, with all contract management operations centralised around a domain......Banks and financial institutions nowadays often use domain-specific languages (DSLs) for describing complex financial contracts, in particular, for specifying how asset transfers for a specific contract depend on underlying observables, such as interest rates, currency rates, and stock prices...

3D power Doppler ultrasound assessment of placental perfusion during uterine contraction in labor.

Science.gov (United States)

Sato, Miki; Noguchi, Junko; Mashima, Masato; Tanaka, Hirokazu; Hata, Toshiyuki

2016-09-01

To assess placental perfusion during spontaneous or induced uterine contraction in labor at term using placental vascular sonobiopsy (PVS) by 3D power Doppler ultrasound with the VOCAL imaging analysis program. PVS was performed in 50 normal pregnancies (32 in spontaneous labor group [SLG], and 18 in induced labor group with oxytocin or prostaglandin F2α [ILG]) at 37-41 weeks of gestation to assess placental perfusion during uterine contraction in labor. Only pregnancies with an entirely visualized anterior placenta were included in the study. Data acquisition was performed before, during (at the peak of contraction), and after uterine contraction. 3D power Doppler indices such as the vascularization index (VI), flow index (FI), and vascularization flow index (VFI) were calculated in each placenta. There were no abnormal fetal heart rate tracings during contraction in either group. VI and VFI values were significantly reduced during uterine contraction in both groups (SLG, -33.4% [-97.0-15.2%], and ILG, -49.6% [-78.2--4.0%]), respectively (P power Doppler indices (VI, FI, and VFI) during uterine contraction (at the peak of contraction) showed a correlation greater than 0.7, with good intra- and inter-observer agreements. Our findings suggest that uterine contraction in both spontaneous and induced labors causes a significant reduction in placental perfusion. Reduced placental blood flow in induced uterine contraction has a tendency to be marked compared with that in spontaneous uterine contraction. To the best of our knowledge, this is the first study on the non-invasive assessment of placental perfusion during uterine contraction in labor using 3D power Doppler ultrasound. However, the data and their interpretation in the present study should be taken with some degree of caution because of the small number of subjects studied. Further studies involving a larger sample size are needed to assess placental perfusion and vascularity using PVS during normal and

Initial Northwest Power Act Power Sales Contracts : Final Environmental Impact Statement. Volume 3, Appendix M, Contract Copies.

Energy Technology Data Exchange (ETDEWEB)

United States. Bonneville Power Administration.

1992-01-01

This report, is part of the final environmental impact statement of the Bonneville Power Administration, consists of an appendix of contract copies related to the following: Detailed Index to Generic Utility Power Sales Contracts, Text of Generic Utility Contract, Detailed Index to Generic DSI Power Sales Contracts, Text of Generic DSI Contract, Text of Residential Purchase and Sale Agreement (Residential Exchange), and Detailed Index to General Contract Provisions -- GCP Form PSC-2 (Incorporated into all three types of contracts as an Exhibit).

17 CFR 256.01-4 - Construction or service contracts, and centralized procurement accounting.

Science.gov (United States)

2010-04-01

... contracts, and centralized procurement accounting. 256.01-4 Section 256.01-4 Commodity and Securities... § 256.01-4 Construction or service contracts, and centralized procurement accounting. (a) Specific accounts have not been provided in which to classify expenditures made in the performance of construction...

The selective use of emergency shipments for service-contract differentiation

NARCIS (Netherlands)

Alvarez, Elisa; van der Heijden, Matthijs C.; Zijm, Willem H.M.

2013-01-01

Suppliers of capital goods increasingly offer performance-based service contracts with customer-specific service levels. We use selective emergency shipments of spare parts to differentiate logistic performance: We apply emergency shipments in out-of-stock situations for combinations of parts and

7 CFR 631.14 - Contract violations.

Science.gov (United States)

2010-01-01

... AGRICULTURE LONG TERM CONTRACTING GREAT PLAINS CONSERVATION PROGRAM Contracts § 631.14 Contract violations. Contract violations, determinations and appeals will be handled in accordance with the terms of the... 7 Agriculture 6 2010-01-01 2010-01-01 false Contract violations. 631.14 Section 631.14 Agriculture...

77 FR 3288 - International Mail Contract

Science.gov (United States)

2012-01-23

... as the baseline contract for future functional equivalence analyses of the GREP Contracts 1 product... Classification Schedule language for GREP Contracts 1. The Postal Service identifies general contract terms that... methodology, the relevant characteristics of this GREP contract are similar, if not the same, as the relevant...

48 CFR 837.403 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 837.403... OF CONTRACTING SERVICE CONTRACTING Nonpersonal Health Care Services 837.403 Contract clause. The contracting officer shall insert the clause at 852.237-7, Indemnification and medical liability insurance, in...

48 CFR 811.503 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 811.503... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS Liquidated Damages 811.503 Contract clause. When the contracting... contracting officer must include the clause in 852.211-74, Liquidated damages, in the contract. ...

Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

Directory of Open Access Journals (Sweden)

Philippa Ryan

2017-10-01

Full Text Available Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet. This article aims to fill that gap by exploring blockchain-based smart contracts primarily as non-contractual social exchanges.

Endogenous Market Structures and Contract Theory. Delegation, principal-agent contracts, screening, franchising and tying

OpenAIRE

Etro Federico

2010-01-01

I study the role of unilateral strategic contracts for firms active in markets with price competition and endogenous entry. Traditional results change substantially when the market structure is endogenous rather than exogenous. They concern 1) contracts of managerial delegation to non-profit maximizers, 2) incentive principal-agent contracts in the presence of moral hazard on cost reducing activities, 3) screening contracts in case of asymmetric information on the productivity of the managers...

BOT Outsourcing Contracts

DEFF Research Database (Denmark)

Ørberg Jensen, Peter D.; Petersen, Bent

2012-01-01

Build-operate-transfer (BOT) contracting has been widely usen in the engineering and construction industry, but has only recently been introduced in services industry domains. Notably, service provider firms from emerging markets have recently started offering BOT outsourcing contracts. In this p...

48 CFR 926.7104 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 926.7104... 1993. 926.7104 Contract clause. The contracting officer shall insert the clause at 48 CFR (DEAR) 952.226-74, Displaced Employee Hiring Preference, in contracts (except for contracts for commercial items...

48 CFR 822.305 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 822.305... PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Contract Work Hours and Safety Standards Act 822.305 Contract clause. The contracting officer shall insert the clause at 852.222-70, Contract Work...

48 CFR 52.222-51 - Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment....222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance... clause: Exemption From Application of the Service Contract Act to Contracts for Maintenance, Calibration...

48 CFR 52.222-48 - Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment....222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance... following provision: Exemption From Application of the Service Contract Act to Contracts for Maintenance...

Dynamic clinical measurements of voluntary vaginal contractions and autonomic vaginal reflexes.

Science.gov (United States)

Broens, Paul M A; Spoelstra, Symen K; Weijmar Schultz, Willibrord C M

2014-12-01

The vaginal canal is an active and responsive canal. It has pressure variations along its length and shows reflex activity. At present, the prevailing idea is that the vaginal canal does not have a sphincter mechanism. It is hypothesized that an active vaginal muscular mechanism exists and might be involved in the pathophysiology of genito-pelvic pain/penetration disorder. The aim of this study was to detect the presence of a canalicular vaginal "sphincter mechanism" by measuring intravaginal pressure at different levels of the vaginal canal during voluntary pelvic floor contractions and during induced reflexive contractions. Sixteen nulliparous women, without sexual dysfunction and pelvic floor trauma, were included in the study. High-resolution solid-state circumferential catheters were used to measure intravaginal pressures and vaginal contractions at different levels in the vaginal canal. Voluntary intravaginal pressure measurements were performed in the left lateral recumbent position only, while reflexive intravaginal pressure measurements during slow inflation of a vaginal balloon were performed in the left lateral recumbent position and in the sitting position. Intravaginal pressures and vaginal contractions were the main outcome measures. In addition, a general demographic and medical history questionnaire was administered to gain insight into the characteristics of the study population. Fifteen out of the sixteen women had deep and superficial vaginal high-pressure zones. In one woman, no superficial high-pressure zone was found. The basal and maximum pressures, as well as the duration of the autonomic reflexive contractions significantly exceeded the pressures and the duration of the voluntary contractions. There were no significant differences between the reflexive measurements obtained in the left lateral recumbent and the sitting position. The two high-pressure zones found in this study, as a result of voluntary contractions and, even more pronounced

LPTA Versus Tradeoff: Analysis of Contract Source Selection Strategies and Performance Outcomes

Science.gov (United States)

2016-06-01

decision. Simply stated, this is the decision for the government to fulfill all or part of that requirement utilizing government resources ...capabilities, and manpower, or to outsource all or part of that requirement to a commercial organization. The government must then further develop and...changes to the contract, both parties be involved in estimating the impacts of the changes on cost and schedule. It saves time and helps ensure both

24 CFR 891.560 - HAP contract.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false HAP contract. 891.560 Section 891... Assistance § 891.560 HAP contract. (a) HAP contract. The housing assistance payments contract sets forth.... (b) HAP contract execution. (1) Upon satisfactory completion of the project, the Borrower and HUD...

Motor Unit Interpulse Intervals During High Force Contractions.

Science.gov (United States)

Stock, Matt S; Thompson, Brennan J

2016-01-01

We examined the means, medians, and variability for motor-unit interpulse intervals (IPIs) during voluntary, high force contractions. Eight men (mean age = 22 years) attempted to perform isometric contractions at 90% of their maximal voluntary contraction force while bipolar surface electromyographic (EMG) signals were detected from the vastus lateralis and vastus medialis muscles. Surface EMG signal decomposition was used to determine the recruitment thresholds and IPIs of motor units that demonstrated accuracy levels ≥ 96.0%. Motor units with high recruitment thresholds demonstrated longer mean IPIs, but the coefficients of variation were similar across all recruitment thresholds. Polynomial regression analyses indicated that for both muscles, the relationship between the means and standard deviations of the IPIs was linear. The majority of IPI histograms were positively skewed. Although low-threshold motor units were associated with shorter IPIs, the variability among motor units with differing recruitment thresholds was comparable.

Pacta sunt servanda versus the social role of contracts: the case of Brazilian agriculture contracts

Directory of Open Access Journals (Sweden)

Christiane Leles Rezende

2012-06-01

Full Text Available This study explores the instability created by contradictory court decisions related with contract breaches. Forward marketing contracts represent an important source of resources to finance Brazilian agriculture, however a large number of contract breaches were observed during a period of marked increase in soy prices. The study analyzed 161 judicial appeal decisions and a survey was carried with 70 farmers. The results show the difference of judges' interpretation and the existence of second order effects. The effects of court decisions were more requirements of guarantees and the reduction in the number of contracts. Those soybean farmers who did not breach their contracts have also been negatively affected by the strategic reactions of trading and processing companies. The concept of "social function of the contract" introduced in Brazilian civil code led to a higher degree of instability in contracts, raising transaction costs and motivating private economic sanctions.

nth roots of normal contractions

International Nuclear Information System (INIS)

Duggal, B.P.

1992-07-01

Given a complex separable Hilbert space H and a contraction A on H such that A n , n≥2 some integer, is normal it is shown that if the defect operator D A = (1 - A * A) 1/2 is of the Hilbert-Schmidt class, then A is similar to a normal contraction, either A or A 2 is normal, and if A 2 is normal (but A is not) then there is a normal contraction N and a positive definite contraction P of trace class such that parallel to A - N parallel to 1 = 1/2 parallel to P + P parallel to 1 (where parallel to · parallel to 1 denotes the trace norm). If T is a compact contraction such that its characteristics function admits a scalar factor, if T = A n for some integer n≥2 and contraction A with simple eigen-values, and if both T and A satisfy a ''reductive property'', then A is a compact normal contraction. (author). 16 refs

Clemson Apparel Research Demonstration Contract. Years 6 and 7

National Research Council Canada - National Science Library

Kernodle, Joseph

2003-01-01

The purpose of this contract is to develop and demonstrate modern technologies and management practices that optimize the performance of the Department of Defense's Clothing and Textiles (C&T) supply chain...

48 CFR 52.222-52 - Exemption from Application of the Service Contract Act to Contracts for Certain Services...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Certain Services-Certification. 52.222-52 Section 52.222... from Application of the Service Contract Act to Contracts for Certain Services—Certification. As... Contract Act to Contracts for Certain Services—Certification (NOV 2007) (a) The offeror shall check the...

48 CFR 52.222-53 - Exemption from Application of the Service Contract Act to Contracts for Certain Services...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Certain Services-Requirements. 52.222-53 Section 52.222... from Application of the Service Contract Act to Contracts for Certain Services—Requirements. As... Act to Contracts for Certain Services—Requirements (FEB 2009) (a) The services under this contract are...

Bottlenecks and contracts

International Nuclear Information System (INIS)

2001-01-01

The report surveys the central points in the literature about contracts on geographical price differences and transmission rights in the power market. It is commonly believed that such contracts may reduce market power and contribute to better network investments. The theoretical debate is in part unfinished and largely based on very stylised assumptions. There is some indication that such contracts may not be very useful in practice. But they may be useful in some cases, perhaps in particular when power is transported outside limited surplus areas and for certain investment decisions where there is no systems operator with a natural responsibility

High-current discharge channel contraction in high density gas

International Nuclear Information System (INIS)

Rutberg, Ph. G.; Bogomaz, A. A.; Pinchuk, M. E.; Budin, A. V.; Leks, A. G.; Pozubenkov, A. A.

2011-01-01

Research results for discharges at current amplitudes of 0.5-1.6 MA and current rise rate of ∼10 10 A/s are presented. The discharge is performed in the hydrogen environment at the initial pressure of 5-35 MPa. Initiation is implemented by a wire explosion. The time length of the first half-period of the discharge current is 70-150 μs. Under such conditions, discharge channel contraction is observed; the contraction is followed by soft x-ray radiation. The phenomena are discussed, which are determined by high density of the gas surrounding the discharge channel. These phenomena are increase of the current critical value, where the channel contraction begins and growth of temperature in the axis region of the channel, where the initial density of the gas increases.

Managing hydroclimatological risk to water supply with option contracts and reservoir index insurance

Science.gov (United States)

Brown, Casey; Carriquiry, Miguel

2007-11-01

This paper explores the performance of a system of economic instruments designed to facilitate the reduction of hydroclimatologic variability-induced impacts on stakeholders of shared water supply. The system is composed of bulk water option contracts between urban water suppliers and agricultural users and insurance indexed on reservoir inflows. The insurance is designed to cover the financial needs of the water supplier in situations where the option is likely to be exercised. Insurance provides the irregularly needed funds for exercising the water options. The combined option contract - reservoir index insurance system creates risk sharing between sectors that is currently lacking in many shared water situations. Contracts are designed for a shared agriculture - urban water system in Metro Manila, Philippines, using optimization and Monte Carlo analysis. Observed reservoir inflows are used to simulate contract performance. Results indicate the option - insurance design effectively smooths water supply costs of hydrologic variability for both agriculture and urban water.

Quantification of contraction synchronicity and contraction work in coronary artery disease

Energy Technology Data Exchange (ETDEWEB)

Niimi, Takanaga; Nanasato, Mamoru [Nagoya Daini Red Cross Hospital, Nagoya (Japan); Maeda, Hisatoshi [Dept. of Radiological Technology, Nagoya University School of Health Sciences, Nagoya(Japan)

2017-09-15

This study quantified the contraction synchronicity (CS; with 100% representing full synchrony and −100% dyssynchrony) and contraction work (CW, millijoules per centimeter squared; representing myocardial area) in patients with reduced left ventricular ejection fraction (LVEF) associated with coronary artery disease (CAD)

The misrepresentation as a reason of rescission of contract

Directory of Open Access Journals (Sweden)

Popov Danica

2013-01-01

an honest mistake is made. A fraudulent misrepresentation is actionable as a tort. When a person has been induced to enter into a contract by misrepresentation, he may in general either (1 affirm the contract and insist of the misrepresentation being made good, if that is possible, or (2 rescind the contract if it is still executory, and if all parties can be restored to their original positions, or (3 bring an action for damages, or (4 rely upon the misrepresentation as a defense to an action on the contract. A contract may be rescinded of the ground of misrepresentation even if innocent. Specific performance will not be decreed if a definite untrue representation has been relied on. It is clear that the claim for damages for fraudulent misrepresentation is a claim in tort. So the general governing rule is that the plaintiff should be restored to the position he would have been in if the representation had not been made. In the article is also analyzed comparative law related on misrepresentaton.

One Big Happy Family? Unraveling the Relationship between Shared Perceptions of Team Psychological Contracts, Person-Team Fit and Team Performance.

Science.gov (United States)

Gibbard, Katherine; Griep, Yannick; De Cooman, Rein; Hoffart, Genevieve; Onen, Denis; Zareipour, Hamidreza

2017-01-01

With the knowledge that team work is not always associated with high(er) performance, we draw from the Multi-Level Theory of Psychological Contracts, Person-Environment Fit Theory, and Optimal Distinctiveness Theory to study shared perceptions of psychological contract (PC) breach in relation to shared perceptions of complementary and supplementary fit to explain why some teams perform better than other teams. We collected three repeated survey measures in a sample of 128 respondents across 46 teams. After having made sure that we met all statistical criteria, we aggregated our focal variables to the team-level and analyzed our data by means of a longitudinal three-wave autoregressive moderated-mediation model in which each relationship was one-time lag apart. We found that shared perceptions of PC breach were directly negatively related to team output and negatively related to perceived team member effectiveness through a decrease in shared perceptions of supplementary fit. However, we also demonstrated a beneficial process in that shared perceptions of PC breach were positively related to shared perceptions of complementary fit, which in turn were positively related to team output. Moreover, best team output appeared in teams that could combine high shared perceptions of complementary fit with modest to high shared perceptions of supplementary fit. Overall, our findings seem to indicate that in terms of team output there may be a bright side to perceptions of PC breach and that perceived person-team fit may play an important role in this process.

Temporary labour contracts

CERN Document Server

2001-01-01

At its September 2000 meeting, the Finance Committee approved a second one-year extension of the four existing temporary labour contracts (L020/PE, L021/PE, L022/PE, L023/PE) until 31 December 2001 for a total amount not exceeding 6 000 000 Swiss francs at 2000 prices. The Finance Committee is invited: - to take note that the estimated annual expenditure on temporary labour in 2001 will amount to approximately 4 500 000 Swiss francs against the previously estimated 6 000 000 Swiss francs; - to approve the extension of the four existing contracts by six months to 30 June 2002 for an overall amount not exceeding 1 500 000 Swiss francs; - to take note that new contracts for the Swiss part of the CERN site will be submitted for adjudication in December 2001 and that new contracts for the French part of the CERN site will be submitted for adjudication in the course of 2002.

Temporary labour contracts

CERN Document Server

1999-01-01

The five contracts for Temporary Labour assignments on the CERN site (L020/PE, L021/PE, L022/PE, L023/PE and L024/PE) approved by the Finance Committee in March 1996 (CERN/FC/3857) will reach the end of their initial three-year contractual period at the end of December 1999. Following the satisfactory execution of these contracts during this period, CERN requests approval to extend them from January 2000 for the first of the two years foreseen in the original adjudication. The Finance Committee is invited: - to take note that the three-year expenditure for Temporary Labour contracts from 1997 to 1999 will not exceed 19 100 000 Swiss francs, compared to the 18 900 000 Swiss francs estimated at the time of the adjudication in March 1996; - to approve an extension of the present Temporary Labour contracts for the year 2000 for a total amount not exceeding 6 000 000 Swiss francs.

The Contracting Parties' Ability To Conclude The Employment Contract

Directory of Open Access Journals (Sweden)

Carmen Constantina NENU

2014-08-01

Full Text Available This study's main objective is to analyze certain effects produced by the changes of the Labor Code and by the entry into force of the current Romanian Civil Code. These effects refer to one of the fundamental conditions for the valid conclusion of the individual employment contract, that is, to the legal capacity of employers and employees. Thus, a complete analysis of legal regulations and of the correlations between different provisions on the legal capacity of parties to the individual employment contract is required to identify the existing noncompliance and to propose solutions. The research demonstrated that the current regulatory framework governing the legal capacity of the parties to an individual employment contract does not entirely correspond to the social reality. Therefore, only the employer benefits from a relatively comprehensive statutory regulation on the legal capacity to conclude an individual employment contract. The employee, however, does not benefit from the same attention from legislature. Considering the above, the study represents a significant scientific contribution, whose value lies in the proposed changes to modify legislature, so that the legal capacity of job holders would benefit from fair regulation, in accordance with the principle of legal protection of employee rights.

Mitigating Provider Uncertainty in Service Provision Contracts

Science.gov (United States)

Smith, Chris; van Moorsel, Aad

Uncertainty is an inherent property of open, distributed and multiparty systems. The viability of the mutually beneficial relationships which motivate these systems relies on rational decision-making by each constituent party under uncertainty. Service provision in distributed systems is one such relationship. Uncertainty is experienced by the service provider in his ability to deliver a service with selected quality level guarantees due to inherent non-determinism, such as load fluctuations and hardware failures. Statistical estimators utilized to model this non-determinism introduce additional uncertainty through sampling error. Inability of the provider to accurately model and analyze uncertainty in the quality level guarantees can result in the formation of sub-optimal service provision contracts. Emblematic consequences include loss of revenue, inefficient resource utilization and erosion of reputation and consumer trust. We propose a utility model for contract-based service provision to provide a systematic approach to optimal service provision contract formation under uncertainty. Performance prediction methods to enable the derivation of statistical estimators for quality level are introduced, with analysis of their resultant accuracy and cost.

JURIDICAL WILL IN CONTRACTS

Directory of Open Access Journals (Sweden)

Emilian CIONGARU

2015-07-01

Full Text Available In the business law, almost all judicial relationships of private law are obligational juridical relationships which are made up of legal acts and facts. The most important legal act is the contract since it is the basis of the social life in any community meaning that it represents the most important economic and juridical instrument for the participants to a contract. The persons are free and equal in society and, consequently, no power is valid and fundamental unless it relies on their consent, namely on a contract. So, the existence of a civil contract relies on the principles of consensualism, a perception based on moral rules to observe one’s promises, to have good faith and to observe the interests of your fellow creature. The exterior manifestation, the expression or declaration of the juridical will constitutes the consent of such person in making the structure of contract. The declared will must correspond to the person’s real will and the adoption and declaration of the juridical will must take place consciously. Any contract that does not derive from juridical will is null and the civilizing character is inexistent. The principles giving sense to consensualism is the one of agreement between parties so as to produce legal effects by itself and it is enough for the conclusion of a contract, regardless of the form in which it is exteriorized, a principle expressed by the Latin adagio pacta sunt servanda.

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

48 CFR 916.504 - Indefinite-quantity contracts.

Science.gov (United States)

2010-10-01

... indefinite-quantity, multiple award contracts to ensure that adequate consideration exists to contractually... contracts. 916.504 Section 916.504 Federal Acquisition Regulations System DEPARTMENT OF ENERGY CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Indefinite-Delivery Contracts 916.504 Indefinite-quantity...

Agile Contracts

DEFF Research Database (Denmark)

Pries-Heje, Jan; Pries-Heje, Lene

2014-01-01

with “endless” re-negotiation of the requirements; you need a more flexible way to develop IS. A new way of coping with many changes is to use an agile development approach and a fixed budget and resources contract. This paper presents an example case. We analyse the case and design a guideline for how......When you have stable and non-ambiguous requirements then a classic contract for IS between a supplier and a public sector institution based on a requirements specification may be well suited. However, if you have to accept many changes or have ambiguous requirements then you may end up...... to implement a fixed budget and resources contract in the public sector. The guideline includes elements to cope with challenges in a tender process such as transparency, criteria for supplier selection, and live assessment of resource skills and capabilities, as well as achieving the flexibility for change...

Iterative Contracts as Proactive Law Instruments

DEFF Research Database (Denmark)

Henschel, René Franz

2012-01-01

The purpose of this article is to analyse the use of proactive law in contracts illustrated by the use of a particular type of contract within the IT industry, the so-called iterative contract. This type of contract has its root in a special software development process called iterative and incre...... the potential to create more business success. However, empirical research still needs to be done in order to confirm that these types of contracts are better at securing business success than traditional contract forms....

INDEFINITE CONTRACT REVIEW 2000

CERN Multimedia

Division des ressources humaines

2000-01-01

The Director-General has decided to review staff members in professional categories 2 to 5 satisfying the criteria for consideration for the award of an indefinite contract, in accordance with Article R II 1.20 of the Staff Regulations. Staff members holding a fixed-term contract which it has been decided not to renew will not be considered. The following stages are foreseen:1.\tCandidates qualifying for review in accordance with Article R II 1.20 of the Staff Regulations and the Administrative Circular N° 9 will be contacted by Human Resources Division. 2.\tThe criteria as to when staff members qualify for review are described in Administrative Circular N° 9. These include the following:staff members who are in their fourth year of service on a fixed-term contract;in addition, for staff members having three years or more of previous relevant service in the Organization on a contract of limited duration (or term-contract) and upon proposal by the division leader concerned, consid...

INDEFINITE CONTRACT REVIEW 2001

CERN Multimedia

Human Resources Division

2001-01-01

The Director-General has decided to review staff members in professional categories 2 to 5 satisfying the criteria for consideration for the award of an indefinite contract, in accordance with Article R II 1.20 of the Staff Regulations. Staff members holding a fixed-term contract which it has been decided not to renew will not be considered. The following stages are foreseen: 1. Candidates qualifying for review in accordance with Article R II 1.20 of the Staff Regulations and the Administrative Circular N° 9 will be contacted by Human Resources Division. 2. The criteria as to when staff members qualify for review are described in Administrative Circular N° 9. These include the following: staff members who are in their fourth year of service on a fixed-term contract; in addition, for staff members having three years or more of previous relevant service in the Organization on a contract of limited duration (or term-contract) and upon proposal by the division leader concerned, consideration fo...

Freedom of contract, mandatory and non-mandatory law in European contract law

OpenAIRE

Storme, M.

2008-01-01

Abstract: The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the...

Compositional specification of commercial contracts

DEFF Research Database (Denmark)

Andersen, Jesper; Elsborg, Ebbe; Henglein, Fritz

2006-01-01

-definable analysis of their state before, during and after execution. We provide several realistic examples of commercial contracts and their analyses. A variety of (real) contracts can be expressed in such a fashion as to support their integration, management and analysis in an operational environment......We present a declarative language for compositional specification of contracts governing the exchange of resources. It extends Eber and Peyton Jones’s declarative language for specifying financial contracts (Jones et al. in The Fun of Programming. 2003) to the exchange of money, goods and services...... amongst multiple parties and complements McCarthy’s Resources, Events and Agents (REA) accounting model (McCarthy in Account Rev. LVII(3), 554–578, 1982) with a view- independent formal contract model that supports definition of user-defined contracts, automatic monitoring under execution and user...

48 CFR 32.114 - Unusual contract financing.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Unusual contract financing... CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 32.114 Unusual contract financing. Any contract financing arrangement that deviates from this part is unusual contract financing...

Analysis of Developed Country's Export Contract and Contract Risk and Development of Sample Contract and Guide

International Nuclear Information System (INIS)

Lee, D. S.; Oh, K. B.; Chung, W. S.; Lee, K. S.; Yun, S. W.; Lee, J. H.; Lee, B. W.; Kim, H. J.; Yang, M. H.

2008-10-01

This paper aimed at developing legal support for the non nuclear power plant industry's export. This study aids establishing government policy and promoting export of non nuclear power plant industry. This paper treated analysis of contractual risk and caution before entering into contract. To promote continuing export result, governmental and legal aids and guide will be required continuously. This study showed risks related with export contract and explained export control acts and procedures

Universiti Kebangsaan Malaysia Learning Contract Course: Experience and Performance of the First Cohort

Science.gov (United States)

Ani, Adi Irfan Che; Tawil, Norngainy Mohd; Johar, Suhana; Ismail, Khaidzir; Razak, Mohd Zulhanif Abd

2014-01-01

Research from different parts of the world recognizes the effectiveness of a learning contract course in improving the personal skills of students. Therefore, UKM has chosen this approach to improve the personal soft skills of its students. The university has carried out this approach by making HHHC9118-Soft Skills as a compulsory course for all…

Duplicate Recording of Contracts in the Mechanization of Contract Administration Services System

National Research Council Canada - National Science Library

Lane, F

1996-01-01

... in more than one of the system's data bases. We also evaluated whether the Mechanization of Contract Administration Services system had adequate controls to detect and prevent duplicate contract payments, and whether database errors...

The contract - introduction

International Nuclear Information System (INIS)

Loeffler, G.

1975-01-01

The contract is the last and final step of project planning and the first step of project implementation. The contract has to specify in detail and to the point, as concisely as possible, the complete scope of supplies and work, define all technical particulars and requirements, put forward the conditions of legal, regulatory, administrative and financial procedure, prepare for operating and maintenance instructions to be issued after commissioning. In short, the contract is expected to be a reliable instrument during the manufacturing and construction period as well as a guide-book to assist the owner afterwards in the operation and maintenance of the plant. (orig./FW) [de

A Model for Sustainable Building Energy Efficiency Retrofit (BEER) Using Energy Performance Contracting (EPC) Mechanism for Hotel Buildings in China

Science.gov (United States)

Xu, Pengpeng

Hotel building is one of the high-energy-consuming building types, and retrofitting hotel buildings is an untapped solution to help cut carbon emissions contributing towards sustainable development. Energy Performance Contracting (EPC) has been promulgated as a market mechanism for the delivery of energy efficiency projects. EPC mechanism has been introduced into China relatively recently, and it has not been implemented successfully in building energy efficiency retrofit projects. The aim of this research is to develop a model for achieving the sustainability of Building Energy Efficiency Retrofit (BEER) in hotel buildings under the Energy Performance Contracting (EPC) mechanism. The objectives include: • To identify a set of Key Performance Indicators (KPIs) for measuring the sustainability of BEER in hotel buildings; • To identify Critical Success Factors (CSFs) under EPC mechanism that have a strong correlation with sustainable BEER project; • To develop a model explaining the relationships between the CSFs and the sustainability performance of BEER in hotel building. Literature reviews revealed the essence of sustainable BEER and EPC, which help to develop a conceptual framework for analyzing sustainable BEER under EPC mechanism in hotel buildings. 11 potential KPIs for sustainable BEER and 28 success factors of EPC were selected based on the developed framework. A questionnaire survey was conducted to ascertain the importance of selected performance indicators and success factors. Fuzzy set theory was adopted in identifying the KPIs. Six KPIs were identified from the 11 selected performance indicators. Through a questionnaire survey, out of the 28 success factors, 21 Critical Success Factors (CSFs) were also indentified. Using the factor analysis technique, the 21 identified CSFs in this study were grouped into six clusters to help explain project success of sustainable BEER. Finally, AHP/ANP approach was used in this research to develop a model to

An Analysis of Personnel Career Development Practices within the United States Marine Corps Contingency Contracting Force

National Research Council Canada - National Science Library

Morris, Joe

2002-01-01

...) to perform contingency contracting. This thesis explores the current environment, within which these contingency contracting Marines operate, and analyzes the affect this environment is having on their career development...

Medicaid CHIP Environmental Scanning and Program Char...

Data.gov (United States)

U.S. Department of Health & Human Services — ESPC development is sponsored by the CMS Center for Medicare and Medicaid Innovation in partnership with the Center for Medicaid and CHIP Services (CMCS) under the...

The distribution contracts: an Iberian approach

Directory of Open Access Journals (Sweden)

Sónia de Carvalho

2016-12-01

Full Text Available The contracts of commercial distribution are indispensable legal instruments to the development of the economic activity. The distribution, since the industrial revolution, acquired autonomy, given the necessity of specialized intermediation to distribute good and products. In this process, the structural organization of the distribution process suffered mutations, starting to assume a set of activities aiming at adjusting demand to supply, including, among others, clients canvassing, after-sales services, financing and assumption of risks, advisory services, promotion and advertising. The insufficiency of traditional contracts of purchase and sales and commission to satisfy the distributive needs caused by the industrial revolution will justify the development of new contractual schemes, such us agency contract, commercial concession and franchising. The obligation of the distributer to ensure the interests of the producer and to promote the distribution of the goods and services of the producer, in the context of a lasting relation of cooperation between the parts, through which the distributer is incorporated, with greater or minor intensity, in the producer distribution network, allowed us to sustain, as affirmed in the Portuguese and European literature, that distribution contracts could be framed in the same legal category. These contracts, as contracts that were shaped by praxis, do not have, with exception of agency contract, a legal framework in Portugal and Spain. It has been discussed in literature if agency contract legal framework can be applied, by analogy, to the contracts that fit in the legal category of distribution contracts. This paper aims at analyzing the legal framework of contracts of distribution in these legal systems, with the purpose to discuss the analogical application of the agency contract to these contracts.

Contractual Efficiency of PPP Infrastructure Projects: An Incomplete Contract Model

Directory of Open Access Journals (Sweden)

Lei Shi

2018-01-01

Full Text Available This study analyses the contractual efficiency of public-private partnership (PPP infrastructure projects, with a focus on two financial aspects: the nonrecourse principal and incompleteness of debt contracts. The nonrecourse principal releases the sponsoring companies from the debt contract when the special purpose vehicle (SPV established by the sponsoring companies falls into default. Consequently, all obligations under the debt contract are limited to the liability of the SPV following its default. Because the debt contract is incomplete, a renegotiation of an additional loan between the bank and the SPV might occur to enable project continuation or liquidation, which in turn influences the SPV’s ex ante strategies (moral hazard. Considering these two financial features of PPP infrastructure projects, this study develops an incomplete contract model to investigate how the renegotiation triggers ex ante moral hazard and ex post inefficient liquidation. We derive equilibrium strategies under service fees endogenously determined via bidding and examine the effect of equilibrium strategies on contractual efficiency. Finally, we propose an optimal combination of a performance guarantee, the government’s termination right, and a service fee to improve the contractual efficiency of PPP infrastructure projects.

Analysis of Government Accountability Office and Department of Defense Inspector General Reports and Commercial Sources on Service Contracts

Science.gov (United States)

2010-06-01

Acquisition Research Program BIM Building Information Modeling COR Contracting Officer Representative DoD Department of Defense FPDS...WBS), performance work statements (PWS) and statement of work (SOW), market research, budget and cost estimates, determining contract type, and...contracting within this project. The recurrent best practices in contracting among all sources emphasized planning, defining requirements, market research

A trace-based model for multiparty contracts

DEFF Research Database (Denmark)

Hvitved, Tom; Klaedtke, Felix; Zălinescu, Eugen

2012-01-01

In this article we present a model for multiparty contracts in which contract conformance is defned abstractly as a property on traces. A key feature of our model is blame assignment, which means that for a given contract, every breach is attributed to a set of parties. We show that blame...... assignment is compositional by de¿ning contract conjunction and contract disjunction. Moreover, to specify real-world contracts, we introduce the contract speci¿cation language CSL with an operational semantics. We show that each CSL contract has a counterpart in our trace-based model and from...... the operational semantics we derive a run-time monitor. CSL overcomes limitations of previously proposed formalisms for specifying contracts by supporting: (history sensitive and conditional) commitments, parametrised contract templates, relative and absolute temporal constraints, potentially in¿nite contracts...

Maintenance service contract model for heavy equipment in mining industry using principal agent theory

Science.gov (United States)

Pakpahan, Eka K. A.; Iskandar, Bermawi P.

2015-12-01

Mining industry is characterized by a high operational revenue, and hence high availability of heavy equipment used in mining industry is a critical factor to ensure the revenue target. To maintain high avaliability of the heavy equipment, the equipment's owner hires an agent to perform maintenance action. Contract is then used to control the relationship between the two parties involved. The traditional contracts such as fixed price, cost plus or penalty based contract studied is unable to push agent's performance to exceed target, and this in turn would lead to a sub-optimal result (revenue). This research deals with designing maintenance contract compensation schemes. The scheme should induce agent to select the highest possible maintenance effort level, thereby pushing agent's performance and achieve maximum utility for both parties involved. Principal agent theory is used as a modeling approach due to its ability to simultaneously modeled owner and agent decision making process. Compensation schemes considered in this research includes fixed price, cost sharing and revenue sharing. The optimal decision is obtained using a numerical method. The results show that if both parties are risk neutral, then there are infinite combination of fixed price, cost sharing and revenue sharing produced the same optimal solution. The combination of fixed price and cost sharing contract results in the optimal solution when the agent is risk averse, while the optimal combination of fixed price and revenue sharing contract is obtained when agent is risk averse. When both parties are risk averse, the optimal compensation scheme is a combination of fixed price, cost sharing and revenue sharing.

ESPC Coupled Global Prediction System

Science.gov (United States)

2015-09-30

through an improvement to the sea ice albedo . Fig. 3: 2-m Temperature bias (deg C) of 120-h forecasts for the month of May 2014 for the Arctic...forecast system (NAVGEM) and ocean- sea ice forecast system (HYCOM/CICE) have never been coupled at high resolution. The coupled processes will be...winds and currents across the interface. The sea - ice component of this project requires modification of CICE versions 4 and 5 to run in the coupled

48 CFR 916.203-4 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 916.203-4 Section 916.203-4 Federal Acquisition Regulations System DEPARTMENT OF ENERGY CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Fixed-Price Contracts 916.203-4 Contract clauses. (d)(2) The...

48 CFR 232.501-3 - Contract price.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Contract price. 232.501-3... 232.501-3 Contract price. (b) The contracting officer may approve progress payments when the contract price exceeds the funds obligated under the contract, provided the contract limits the Government's...

Copyright Preemption of Contracts

OpenAIRE

Bohannan, Christina

2008-01-01

This Article argues that both courts and scholars are wrong in their categorical approaches to preemption of contracts under the Copyright Act, and proposes an intermediate approach that recognizes the importance of both contract rights and federal policy in preemption analysis. First, it argues that both courts and scholars have misapplied preemption law to breach of contract claims. Although the two sides tend to favor opposite results, they take equally categorical approaches. Categori...

48 CFR 39.107 - Contract clause.

Science.gov (United States)

2010-10-01

..., in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial... CONTRACTING ACQUISITION OF INFORMATION TECHNOLOGY General 39.107 Contract clause. The contracting officer...

48 CFR 970.1504 - Contract pricing.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract pricing. 970.1504 Section 970.1504 Federal Acquisition Regulations System DEPARTMENT OF ENERGY AGENCY SUPPLEMENTARY REGULATIONS DOE MANAGEMENT AND OPERATING CONTRACTS Contracting by Negotiation 970.1504 Contract pricing. ...

48 CFR 747.507 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 747.507 Section 747.507 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT TRANSPORTATION Ocean Transportation by U.S.-Flag Vessels 747.507 Contract clauses. Contracting...

48 CFR 871.212 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 871.212... Rehabilitation and Employment Service 871.212 Contract clauses. Contracting officers must use the following clauses, as appropriate, in solicitations and contracts for vocational rehabilitation and employment...

Influence of Personality on Perception of Psychological Contract Breach

Directory of Open Access Journals (Sweden)

Hassan Jafri

2014-10-01

Full Text Available The present research aimed to investigate the influence of personality (Five-Factor Model on Psychological Contract Breach. Using random sampling procedure, data were collected from 90 faculties of colleges of Royal University of Bhutan. Personality scales by John, Naumann, and Soto (2008 and Robinson and Morrison’s (2000 Psychological Contract Breach scale were used in this study. Correlation and regression analysis were carried out to analyze the obtained data. Results revealed that Extraversion and Neuroticism dimensions of the personality model have been found to be positively associated with the perception of breach. Employees who are by nature Agreeable and Conscientiousness are less likely to perceive breach in their psychological contract. Organization should look into the personality aspect while recruiting employees. If employees are hired with certain personality traits, they may focus on their performance and organizational growth.

Evaluation of the Defense Contract Audit Agency Audit Coverage of Tricare Contracts

National Research Council Canada - National Science Library

Brannin, Patricia

2000-01-01

Our objective was to evaluate the adequacy of the Defense Contract Audit Agency (DCAA) audit coverage of contracts for health care provided under TRICARE and the former Civilian Health Care and Medical Program of the Uniformed Services...

29 CFR 4.145 - Extended term contracts.

Science.gov (United States)

2010-07-01

...'Hara Service Contract Act Changes in Contract Coverage § 4.145 Extended term contracts. (a) Sometimes... purposes of this Act, a contract shall be deemed entered into upon the contract anniversary date which... period is a wholly new contract with respect to application of the Act's provisions and the regulations...

Turnkey contracts

International Nuclear Information System (INIS)

Langetepe, G.

1977-01-01

To make energy available economically and in sufficient quantity is a main point for the future of an industrial and more for a developing country. The investment costs and the availability of a power plant and in particular for a nuclear power plant are the most significant factors in the economic operation of the plant. In the phase before signing the contract the essential decisions are made with high influence in the economic operation and the availability of the plant. A turn-key contract offers good possibilities to minimize the risks referring a) the plant quality and functionality, b) the plant investment cost, c) the plant completion date, d) the handling of the licensing procedures, e) the availability of the operation. The lecture mentions the points which are of high influence for a successful erection and operation period and which must be clarified before signing the contract between the buyer and supplier of the plant. (orig./HP) [de

Supply Chain Contracts in Fashion Department Stores: Coordination and Risk Analysis

Directory of Open Access Journals (Sweden)

Bin Shen

2014-01-01

Full Text Available In the fashion industry, department stores normally trade with suppliers of national brands by markdown contract whilst developing private labels with cooperated designers by profit sharing contract. Motivated by this real industrial practice, we study a single-supplier single-retailer two-echelon fashion supply chain selling a short-life fashion product of either a national brand or a private label. The supplier refers to the national/designer brand owner and the retailer refers to the department store. We investigate the supply chain coordination issue and examine the supply chain agents’ performances under the mentioned two contracts. We find the analytical evidence that there is a similar relative risk performance but different absolute risk performances between the national brand and the private label. This finding provides an important implication in strategic interaction for the risk-averse department stores in product assortment and brand management. Furthermore, we explore the impact of sales effort on the supply chain system and find that the supply chain is able to achieve coordination if and only if the supplier (i.e., the national brand or the private label is willing to share the cost of the sales effort.

48 CFR 745.106 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 745.106 Section 745.106 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT GOVERNMENT PROPERTY General 745.106 Contract clauses. (a) The contracting officer shall insert the...

48 CFR 846.710 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 846.710 Section 846.710 Federal Acquisition Regulations System DEPARTMENT OF VETERANS AFFAIRS CONTRACT MANAGEMENT QUALITY ASSURANCE Warranties 846.710 Contract clauses. The contracting officer shall insert the clause at...

48 CFR 833.215 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 833.215 Section 833.215 Federal Acquisition Regulations System DEPARTMENT OF VETERANS AFFAIRS GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 833.215 Contract clause. The contracting...

48 CFR 947.7002 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 947.7002 Section 947.7002 Federal Acquisition Regulations System DEPARTMENT OF ENERGY CONTRACT MANAGEMENT TRANSPORTATION Foreign Travel 947.7002 Contract clause. When foreign travel may be required under the contract...

48 CFR 432.412 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Contract clause. 432.412 Section 432.412 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Advance Payments for Non-Commercial Items 432.412 Contract clause. The decision...

Relationship of Source Selection Methods to Contract Outcomes: an Analysis of Air Force Source Selection

Science.gov (United States)

2015-12-01

some occasions, performance is terminated early; this can occur due to either mutual agreement or a breach of contract by one of the parties (Garrett...Relationship of Source Selection Methods to Contract Outcomes: an Analysis of Air Force Source Selection December 2015 Capt Jacques Lamoureux, USAF...on the contract management process, with special emphasis on the source selection methods of tradeoff and lowest price technically acceptable (LPTA

Static Verification for Code Contracts

Science.gov (United States)

Fähndrich, Manuel

The Code Contracts project [3] at Microsoft Research enables programmers on the .NET platform to author specifications in existing languages such as C# and VisualBasic. To take advantage of these specifications, we provide tools for documentation generation, runtime contract checking, and static contract verification.

Transnational Law of Public Contracts

NARCIS (Netherlands)

Audit, M.; Schill, S.W.

2016-01-01

Public contracts were traditionally conceived as instruments of domestic public law and used within markets confined to the territory of the state party to the contract. Globalization, however, subjects public contracting to an increasing number of processes that take place at a transnational level

48 CFR 16.103 - Negotiating contract type.

Science.gov (United States)

2010-10-01

... CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Selecting Contract Types 16.103 Negotiating contract... basic profit motive of business enterprise, shall be used when the risk involved is minimal or can be...) Contracts on a firm fixed-price basis other than those for major systems or research and development, and (3...

Manual of contracts for the electricity sector. Contracts that work: Drafting and proper legal application. 2. rev. ed.

International Nuclear Information System (INIS)

Schoene, Thomas

2014-01-01

This manual deals fundamentally with the drafting of contracts for the electricity sector. It covers all types of contracts on both the customer and the network side with their various special clauses and variants, specifically: basic supply, substitute supply, supply contracts for private, commercial and industrial special customers as well as redistributors, EFET contracts, network access contracts, supplier framework contracts, feed-in contracts, grid connection contracts and connection use contracts. The manual also addresses questions concerning electricity customer insolvency, an issue of growing importance. The following topics are furthermore dealt with in a practically oriented manner and with care being taken to explain the underlying legal issues in readily understandable language. What basic framework conditions are specified by the new energy economy laws and general civil law? What possibilities are available in drafting contracts and what are the ramifications in each case? What subject matters in a contract are of particular economic significance? How can concession contracts be designed in a market-conforming way when there is strong competition for qualified rights of way? What opportunities and risks are associated with innovative products? What options for action does a supplier have in the event of (threatening) customer insolvency? Model contracts from day-to-day management practice and tips, checklists and cautioning notes round off this manual.

Buy-back and Revenue-Sharing Contracts in Global Supply Chain

Directory of Open Access Journals (Sweden)

Yang Liu

2015-09-01

Full Text Available Purpose: The main propose of this study is to investigate how exchange rate risk affects the buy-back and revenue-sharing contracts in the global supply chain, hence to improve the performance of global supply chain. Design/methodology/approach: Based on a two-echelon global supply chain, with the model equilibrium, this paper studies the difference between the buy-back contract and the revenue-sharing contract. By the transmitting of the exchange rate risk, it discusses the node-enterprises’ optimal strategies. Findings: The result shows that: (1 Both these two contracts can diminish the inefficiency caused by demand risk, but none of them can manage the exchange rate risk. (2 No matter which currency is used to settle the payment, both these two contracts will lead to the transmitting of exchange rate risk from one node-enterprise to another. (3 When the currency of the supplier’s country in the relatively appreciating, it is better to use the buy-back contract; when the currency of the supplier’s country in the relatively depreciating, the revenue-sharing contract will lead to a better result. Research limitations/implications: Though this study analyzes how the exchange rate risk affects these two contracts, it based on the assumption that node-enterprises’ goal is maximizing theirs expected profit. In fact, many firms not only focus on maximizing theirs expected profit; the risk-taking is also an important concern. For future researches, how firms’ risk-preferences affects theirs decisions in the global supply chain will be an interesting question. Also, will there be any difference if consider the node-enterprises’ utility functions instead of the expected profit. Originality/value: Existing literature about the global supply chain mainly focus on the exchange rate risk management, few of them considers the double marginalization effect caused by the demand risk. Therefore, with the exchange rate fluctuation, we discuss the

High-frequency irreversible electroporation (H-FIRE for non-thermal ablation without muscle contraction

Directory of Open Access Journals (Sweden)

Arena Christopher B

2011-11-01

Full Text Available Abstract Background Therapeutic irreversible electroporation (IRE is an emerging technology for the non-thermal ablation of tumors. The technique involves delivering a series of unipolar electric pulses to permanently destabilize the plasma membrane of cancer cells through an increase in transmembrane potential, which leads to the development of a tissue lesion. Clinically, IRE requires the administration of paralytic agents to prevent muscle contractions during treatment that are associated with the delivery of electric pulses. This study shows that by applying high-frequency, bipolar bursts, muscle contractions can be eliminated during IRE without compromising the non-thermal mechanism of cell death. Methods A combination of analytical, numerical, and experimental techniques were performed to investigate high-frequency irreversible electroporation (H-FIRE. A theoretical model for determining transmembrane potential in response to arbitrary electric fields was used to identify optimal burst frequencies and amplitudes for in vivo treatments. A finite element model for predicting thermal damage based on the electric field distribution was used to design non-thermal protocols for in vivo experiments. H-FIRE was applied to the brain of rats, and muscle contractions were quantified via accelerometers placed at the cervicothoracic junction. MRI and histological evaluation was performed post-operatively to assess ablation. Results No visual or tactile evidence of muscle contraction was seen during H-FIRE at 250 kHz or 500 kHz, while all IRE protocols resulted in detectable muscle contractions at the cervicothoracic junction. H-FIRE produced ablative lesions in brain tissue that were characteristic in cellular morphology of non-thermal IRE treatments. Specifically, there was complete uniformity of tissue death within targeted areas, and a sharp transition zone was present between lesioned and normal brain. Conclusions H-FIRE is a feasible technique for

Age-related differences in muscle fatigue vary by contraction type: a meta-analysis.

Science.gov (United States)

Avin, Keith G; Law, Laura A Frey

2011-08-01

During senescence, despite the loss of strength (force-generating capability) associated with sarcopenia, muscle endurance may improve for isometric contractions. The purpose of this study was to perform a systematic meta-analysis of young versus older adults, considering likely moderators (ie, contraction type, joint, sex, activity level, and task intensity). A 2-stage systematic review identified potential studies from PubMed, CINAHL, PEDro, EBSCOhost: ERIC, EBSCOhost: Sportdiscus, and The Cochrane Library. Studies reporting fatigue tasks (voluntary activation) performed at a relative intensity in both young (18-45 years of age) and old (≥ 55 years of age) adults who were healthy were considered. Sample size, mean and variance outcome data (ie, fatigue index or endurance time), joint, contraction type, task intensity (percentage of maximum), sex, and activity levels were extracted. Effect sizes were (1) computed for all data points; (2) subgrouped by contraction type, sex, joint or muscle group, intensity, or activity level; and (3) further subgrouped between contraction type and the remaining moderators. Out of 3,457 potential studies, 46 publications (with 78 distinct effect size data points) met all inclusion criteria. A lack of available data limited subgroup analyses (ie, sex, intensity, joint), as did a disproportionate spread of data (most intensities ≥ 50% of maximum voluntary contraction). Overall, older adults were able to sustain relative-intensity tasks significantly longer or with less force decay than younger adults (effect size=0.49). However, this age-related difference was present only for sustained and intermittent isometric contractions, whereas this age-related advantage was lost for dynamic tasks. When controlling for contraction type, the additional modifiers played minor roles. Identifying muscle endurance capabilities in the older adult may provide an avenue to improve functional capabilities, despite a clearly established decrement in

The interpretation of administrative contracts

Directory of Open Access Journals (Sweden)

Cătălin-Silviu SĂRARU

2014-06-01

Full Text Available The article analyzes the principles of interpretation for administrative contracts, in French law and in Romanian law. In the article are highlighted derogations from the rules of contract interpretation in common law. Are examined the exceptions to the principle of good faith, the principle of common intention (willingness of the parties, the principle of good administration, the principle of extensive interpretation of the administrative contract. The article highlights the importance and role of the interpretation in administrative contracts.

24 CFR 242.52 - Construction contracts.

Science.gov (United States)

2010-04-01

...; a construction management contract with a guaranteed maximum price, the final costs of which are... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Construction contracts. 242.52... MORTGAGE INSURANCE FOR HOSPITALS Construction § 242.52 Construction contracts. (a) Awarding of contract. A...

48 CFR 904.7201 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 904.7201... MATTERS Public Affairs 904.7201 Contract clause. The contracting officer shall insert the clause at 952.204-75, Public Affairs, in solicitations and contracts that require the contractor to release...

CT imaging during microwave ablation: Analysis of spatial and temporal tissue contraction

Energy Technology Data Exchange (ETDEWEB)

Liu, Dong; Brace, Christopher L., E-mail: clbrace@wisc.edu [Departments of Radiology and Biomedical Engineering, University of Wisconsin, Madison, Wisconsin 53705 (United States)

2014-11-01

Purpose: To analyze the spatial distribution and temporal development of liver tissue contraction during high-temperature ablation by using intraprocedural computed tomography (CT) imaging. Methods: A total of 46 aluminum fiducial markers were positioned in a 60 × 45 mm grid, in a single plane, around a microwave ablation antenna in each of six ex vivo bovine liver samples. Ablations were performed for 10 min at 100 W. CT data of the liver sample were acquired every 30 s during ablation. Fiducial motion between acquisitions was tracked in postprocessing and used to calculate measures of tissue contraction and contraction rates. The spatial distribution and temporal evolution of contraction were analyzed. Results: Fiducial displacement indicated that the zone measured postablation was 8.2 ± 1.8 mm (∼20%) smaller in the radial direction and 7.1 ± 1.0 mm (∼10%) shorter in the longitudinal direction than the preablation tissue dimension. Therefore, the total ablation volume was reduced from its preablation value by approximately 45%. Very little longitudinal contraction was noted in the distal portion of the ablation zone. Central tissues contracted more than 60%, which was near an estimated limit of ∼70% based on initial water content. More peripheral tissues contracted only 15% in any direction. Contraction rates peaked during the first 60 s of heating with a roughly exponential decay over time. Conclusions: Ablation zones measured posttreatment are significantly smaller than the pretreatment tissue dimensions. Tissue contraction is spatially dependent, with the greatest effect occurring in the central ablation zone. Contraction rate peaks early and decays over time.

Increased muscle glucose uptake during contractions

DEFF Research Database (Denmark)

Ploug, Thorkil; Galbo, Henrik; Richter, Erik

1984-01-01

We reinvestigated the prevailing concept that muscle contractions only elicit increased muscle glucose uptake in the presence of a so-called "permissive" concentration of insulin (Berger et al., Biochem. J. 146: 231-238, 1975; Vranic and Berger, Diabetes 28: 147-163, 1979). Hindquarters from rats...... in severe ketoacidosis were perfused with a perfusate containing insulin antiserum. After 60 min perfusion, electrical stimulation increased glucose uptake of the contracting muscles fivefold. Also, subsequent contractions increased glucose uptake in hindquarters from nondiabetic rats perfused for 1.5 h......-methylglucose uptake increased during contractions and glucose uptake was negative at rest and zero during contractions. An increase in muscle transport and uptake of glucose during contractions does not require the presence of insulin. Furthermore, glucose transport in contracting muscle may only increase if glycogen...

48 CFR 803.7001 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 803.7001... Practices 803.7001 Contract clause. The contracting officer shall insert the clause at 852.203-71, Display of Department of Veterans Affairs Hotline poster, in solicitations and contracts expected to equal or...

48 CFR 819.7009 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 819.7009... Acquisition Program 819.7009 Contract clauses. The contracting officer shall insert VAAR clause 852.219-10... Veteran-Owned Small Business Set-Aside in solicitations and contracts for acquisitions under this subpart. ...

48 CFR 903.971 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 903.971... Contract clause. The contracting officer shall insert the clause at 952.203-70, Whistleblower Protection for Contractor Employees, in contracts that involve work to be done on behalf of DOE directly related...

48 CFR 53.111 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Contract clause. 53.111... AND FORMS FORMS General 53.111 Contract clause. Contracting officers shall insert the clause at 52.253-1, Computer Generated Forms, in solicitations and contracts that require the contractor to submit...

48 CFR 925.7004 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 925.7004... FOREIGN ACQUISITION Acquisition of Nuclear Hot Cell Services 925.7004 Contract clause. The contracting... solicitations and contracts involving nuclear hot cell services. This clause does not flow down to second-tier...

Accelerating energy efficiency improvement in the public sector, using Energy Performance Contracting - a workshop on Nordic experiences and needs for improvements

Energy Technology Data Exchange (ETDEWEB)

Gottberg, Annika; Gode, Jenny; Axelsson, Ulrik

2009-08-15

This report provides documentation on a workshop on experiences of Energy Performance Contracting (EPC) in the Nordic countries, aiming to identify strengths, weaknesses and needs for improvements. The results of surveys undertaken to inform presentations and discussions at the workshop are reported. Furthermore, the outcomes of the discussions during the workshop and resulting recommend actions for different actors to further and accelerate the use of EPC in the public sector are reported. Target groups for this documentation are existing and potential EPC customers, providers and policy-makers

Fabrication and characterization of an electrostatic contraction beams micromotor

NARCIS (Netherlands)

Sarajlic, Edin; Berenschot, Johan W.; Tas, Niels Roelof; Fujita, H.; Krijnen, Gijsbertus J.M.; Elwenspoek, Michael Curt

2006-01-01

We report on fabrication and experimental characterization of an electrostatic contraction beams motor that exhibits both reliable operation and high performance haracteristics. This electrostatic linear stepper micromotor is fabricated in a single polysilicon layer combining vertical trench

Evaluation of the flow at the contraction of a heat exchanger. Pt. 2. Effect of thermal-hydraulic factors on scale deposition at the contraction

International Nuclear Information System (INIS)

Yoneda, Kimitoshi; Yasuo, Akira; Inada, Fumio; Furuya, Masahiro

2001-01-01

In heat exchangers used in power plants, scale may deposit on the tube support plates of heat transfer tubes, especially at the leading edge where the flow passes a sudden contraction. This phenomenon can lead to flow path blockage, which in turn can affect plant performance. As a result, the mechanism of scale deposition and growth needs to be clarified. This phenomenon is assumed to be caused by a complex of thermal-hydraulic and electrochemical factors. In this study, flashing induced by pressure drop and turbulence at the leading edge of a contraction were assumed to be the main factors from the thermal-hydraulic point of view. And these factors in two different type of contractions were evaluated with a High Pressure / High Temperature steam-water two-phase flow experiment and 3D numerical analysis. Considerable differences in amount of steam caused by flashing and turbulence magnitude were observed between the two contractions which have same flow path area but different hydraulic diameter. It was also found that the size of bubbles passing the leading edge of contraction were smaller than 1 mm, while the bubbles in the upstream part were more than 10 times larger than those of the leading edge. (author)

IAEA research contracts. Third annual report

International Nuclear Information System (INIS)

1963-01-01

During the period in which the Agency's research programme has been operative, nearly 150 research contracts have been placed with institutions in 35 Member States. While considerable emphasis was placed initially on research of a more fundamental nature - as reflected by the summaries presented herein of work under contracts awarded in the early stages of the programme - recent policy has shifted the major emphasis toward research of a practical nature, as the results of this type of research are likely to be of more immediate interest to Member States, and particularly to the developing nations. In every case, the summary of the contractor's final report has been prepared by that member of the Agency's scientific staff who has been closely connected with that particular subject of research. Thus, the scientific data reported in the summary remain the responsibility of the contractor, the Agency being responsible for any additional observations. The reports in the field of Radioactive waste management and environmental research included are: Research Contract No.20. Studies in the uptake of radioisotopes by edible marine products; Research Contract No. 33, Behaviour of fission products in soil; Research Contract No.100, Ionic interaction near clay surfaces. Reports dealing with Health physics and radiation protection presented are: Research Contract No.14, The effect of radiation on plant cells and its modification with protective substances; Research Contract No.32, Determination of the enrichment factors of calcium isotopes on ion exchange resins and the investigation of the various systems of electrolytic separation; Research Contract No. 53, Selection of sulphydryl compounds for radiation protection, using a new microbiological method; Research Contract No. 79, A study of the uptake of radioactive calcium in the skeleton. Reports related to Radiobiology are: Research Contract No.11, Genetical investigations on the effect of ionizing radiation on human cells

IAEA research contracts. Third annual report

Energy Technology Data Exchange (ETDEWEB)

NONE

1963-04-01

During the period in which the Agency's research programme has been operative, nearly 150 research contracts have been placed with institutions in 35 Member States. While considerable emphasis was placed initially on research of a more fundamental nature - as reflected by the summaries presented herein of work under contracts awarded in the early stages of the programme - recent policy has shifted the major emphasis toward research of a practical nature, as the results of this type of research are likely to be of more immediate interest to Member States, and particularly to the developing nations. In every case, the summary of the contractor's final report has been prepared by that member of the Agency's scientific staff who has been closely connected with that particular subject of research. Thus, the scientific data reported in the summary remain the responsibility of the contractor, the Agency being responsible for any additional observations. The reports in the field of Radioactive waste management and environmental research included are: Research Contract No.20. Studies in the uptake of radioisotopes by edible marine products; Research Contract No. 33, Behaviour of fission products in soil; Research Contract No.100, Ionic interaction near clay surfaces. Reports dealing with Health physics and radiation protection presented are: Research Contract No.14, The effect of radiation on plant cells and its modification with protective substances; Research Contract No.32, Determination of the enrichment factors of calcium isotopes on ion exchange resins and the investigation of the various systems of electrolytic separation; Research Contract No. 53, Selection of sulphydryl compounds for radiation protection, using a new microbiological method; Research Contract No. 79, A study of the uptake of radioactive calcium in the skeleton. Reports related to Radiobiology are: Research Contract No.11, Genetical investigations on the effect of ionizing radiation on human cells

48 CFR 1552.217-72 - Option to extend the term of the contract-cost-plus-award-fee contract.

Science.gov (United States)

2010-10-01

... of the contract-cost-plus-award-fee contract. 1552.217-72 Section 1552.217-72 Federal Acquisition...-award-fee contract. As prescribed in 1517.208(c), insert this contract clause in cost-plus-award-fee... Term of the Contract—Cost-Plus-Award-Fee Contract (APR 1984) (a) The Government has the option to...

42 CFR 93.204 - Contract.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Contract. 93.204 Section 93.204 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH ASSESSMENTS AND HEALTH EFFECTS... MISCONDUCT Definitions § 93.204 Contract. Contract means an acquisition instrument awarded under the HHS...

Choreography Synthesis as Contract Agreement

Directory of Open Access Journals (Sweden)

Julien Lange

2013-10-01

Full Text Available We propose a formal model for distributed systems, where each participant advertises its requirements and obligations as behavioural contracts, and where multiparty sessions are started when a set of contracts allows to synthesise a choreography. Our framework is based on the CO2 calculus for contract-oriented computing, and borrows concepts and results from the session type literature. It supports sessions where the number of participants is not determined beforehand, and keeps CO2's ability to rule out participants that are culpable if contracts are not fulfilled at runtime. We show that we have progress and session fidelity in CO2, as a result of the honesty of participants — i.e., their ability to always adhere to their contracts.

48 CFR 432.113 - Customary contract financing.

Science.gov (United States)

2010-10-01

... financing. 432.113 Section 432.113 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 432.113 Customary contract financing. The contracting officer may determine the necessity for customary contract financing. The...

48 CFR 852.222-70 - Contract Work Hours and Safety Standards Act-nursing home care contract supplement.

Science.gov (United States)

2010-10-01

... Safety Standards Act-nursing home care contract supplement. 852.222-70 Section 852.222-70 Federal...—nursing home care contract supplement. As prescribed in 822.305, for nursing home care requirements, insert the following clause: Contract Work Hours and Safety Standards Act—Nursing Home Care Contract...

One Big Happy Family? Unraveling the Relationship between Shared Perceptions of Team Psychological Contracts, Person-Team Fit and Team Performance

Directory of Open Access Journals (Sweden)

Katherine Gibbard

2017-11-01

Full Text Available With the knowledge that team work is not always associated with high(er performance, we draw from the Multi-Level Theory of Psychological Contracts, Person-Environment Fit Theory, and Optimal Distinctiveness Theory to study shared perceptions of psychological contract (PC breach in relation to shared perceptions of complementary and supplementary fit to explain why some teams perform better than other teams. We collected three repeated survey measures in a sample of 128 respondents across 46 teams. After having made sure that we met all statistical criteria, we aggregated our focal variables to the team-level and analyzed our data by means of a longitudinal three-wave autoregressive moderated-mediation model in which each relationship was one-time lag apart. We found that shared perceptions of PC breach were directly negatively related to team output and negatively related to perceived team member effectiveness through a decrease in shared perceptions of supplementary fit. However, we also demonstrated a beneficial process in that shared perceptions of PC breach were positively related to shared perceptions of complementary fit, which in turn were positively related to team output. Moreover, best team output appeared in teams that could combine high shared perceptions of complementary fit with modest to high shared perceptions of supplementary fit. Overall, our findings seem to indicate that in terms of team output there may be a bright side to perceptions of PC breach and that perceived person-team fit may play an important role in this process.

29 CFR 1926.15 - Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act.

Science.gov (United States)

2010-07-01

... 29 Labor 8 2010-07-01 2010-07-01 false Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act. 1926.15 Section 1926.15 Labor Regulations Relating to Labor (Continued... FOR CONSTRUCTION General Interpretations § 1926.15 Relationship to the Service Contract Act; Walsh...

Cost, Outcome, and Oversight of Iraq Oil Reconstruction Contract with Kellogg Brown & Root Services, Inc

National Research Council Canada - National Science Library

Warren, David R; Casill, Bonnie; Nguyen, Tinh; Ragsdale, Nancy; Thompson, Charles

2009-01-01

... U.S. Army Corps of Engineers (USACE) and performed by Kellogg Brown & Root Services, Inc. (KBR), related to rebuilding the southern portion of Iraq's oil infrastructure. This contract was competitively awarded in January 2004 (contract W9126G-04- D-0001).

Contracting between firms: empirical evidence

NARCIS (Netherlands)

Iyer, R.; Sautner, Z.

2014-01-01

We analyse 185 contracts signed between a buyer and 89 suppliers to test how moral-hazard and hold-up problems affect contract design. Our data allow us to study both static and dynamic effects. If a supplier’s products are more critical to the buyer, contracts contain more clauses that address

48 CFR 17.204 - Contracts.

Science.gov (United States)

2010-10-01

.... (f) Contracts may express options for increased quantities of supplies or services in terms of (1... identified as the option. (g) Contracts may express extensions of the term of the contract as an amended... on the purchase of additional supplies or services, or the overall duration of the term of the...

48 CFR 1646.201 - Contract Quality Policy.

Science.gov (United States)

2010-10-01

... EMPLOYEES HEALTH BENEFITS ACQUISITION REGULATION CONTRACT MANAGEMENT QUALITY ASSURANCE Contract Quality... ensure that services acquired under the FEHB contract conform to the contract's quality and audit... assurance program required by the contract and will acknowledge in writing whether or not the system is...

48 CFR 1515.606-70 - Contracting methods.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Contracting methods. 1515... CONTRACTING METHODS AND CONTRACT TYPES CONTRACTING BY NEGOTIATION Unsolicited Proposals 1515.606-70 Contracting methods. The Department of Housing and Urban Development-Independent Agencies Appropriation Act...

48 CFR 842.101 - Contract audit responsibilities.