Plea Bargaining

            Question 1

            Plea bargain gained a fresh acceptance in the begging of 20th century because the prosecutors as well as the courts were trying to address the influx of court cases which was overwhelming (Lahny, 2014). However inducements had been abolished by the beginning of the 18th century in the law of English in the quest of preventing justice miscarriage. Plea bargaining in America has been in existence for centuries now. In the previous legal systems confession was the routine of convictions since the existing law at that period was in support of confession by criminals. Accordingly the history of bargain plea in united stated resulted in the courts allowing pleas withdrawal as well as pleas rejection but despite this such activities continuously occurred behind the permit (Lahny, 2014).  Federal prosecutions were eradicated in 1930 which were under the act of prohibition.  The federal prosecutions had become eight times more in comparison to the pending cases in 1914.  Despite the fact that more that 90% of the convictions were footed upon plea bargaining by the year 1930 the American courts remained unenthusiastic   for a particular period of time in endorsing these when appeals were made (Lahny, 2014).

            The legal grounding and the bargaining plea constitutionality was developed in 1970 by Brady versus United States (Lahny, 2014).  The supreme court of the United States made the warning based on the identical decision that the establishment was a conditional thing and therefore it necessitated appropriate protections as well as utilization.  Namely that an incentives plea that is large enough to overrule the abilities of the defendant to act in a freeway  or utilized in a manner that generates a rise in the  significant number of  individuals who were innocent who pleaded guilty  may lead to a prohibition due to constitutionality concern.  Prior the Supreme Court had stated in United States versus Jackson that if the law holds the capability of imposing fear that is unwarranted to the defendant it was unconstitutional. This is because the law would discourage the ability of an individual to practice their rights that are provided by the constitution according to the 6th amendment which holds the right of jury protection.  This would thus cause the defendant to act as a witness who holds no will which was a violation of the 5th amendment (Lahny, 2014).

            The 1970 ruling was crucial in presenting a distinction between Brady and other previous cases which emphasized confessions that were inappropriate thus laying several guidelines that would help in determining validity of a plea (Lahny, 2014).   This stated that any plea must not be influenced by threats, the defendant by hold full knowledge of the implications, the bargaining plea is not a complete proof in comparison to court trials and if the judgment is reconsidered the plea would be termed as invalid (Lahny, 2014).

Question 2

            The bargaining plea was first utilized in 1970 in the case of Brady versus the United States (Lahny, 2014).

            Question 3

            Currently, the plea bargain is an important section of the criminal system of justice in America this is mainly because most of the cases in America which amount to 90% in numerous jurisdictions are resolved via the utilization of some kind of bargain plea (Mackenzie,Vincent, & Zeleznikow, 2014).  The major fact in regard to the justice system in America is that 97% of convictions made on criminal are resulted by negotiations of bargain plea (Mackenzie,Vincent, & Zeleznikow, 2014).  In America therefore the jury trails which most individuals believe to be the main  influence or determinant  of the guilt or the innocence of the defendant has now become a very rare case,.  The plea bargaining are  growing  because  the verdict of a guilty defendant may serve a longer sentence at a jury or court trial as compared to a  plea bargain.  Most individuals therefore believe that it is a more better option in regard to judgment despite the fact that one is forced to admit to several charges in the quest for a reduced sentence.

            Question 4

            According to, Mackenzie,Vincent, & Zeleznikow, (2014), 97% of all the world’s federal cases are resolved through the utilization of plea negotiation bargain.  Most of the state’s cases are completed through plea bargaining which results in 94% where the defendants have been established to have plea lesser charges guiltiness in order to acquire a reduced sentence as their conviction.  97% of all the justice system cases occur in plea negotiation because it is associated with less hustles as well as efficiency (Mackenzie,Vincent, & Zeleznikow, 2014). In addition most of the defendants prefer to utilize the system because it is effective in representing their interests despite the fact that the prosecutor is left will all the authority in regard to the case.

            Question 5

            American in general utilizes plea bargaining more often as compared to other nations that are in Europe of even Canada. In American Michigan, Indiana and New Jersey utilizes less of plea negotiations. Colorado state and California are the most uses of the negotiation plea.  Only three of the American states that have not utilized the plea negotiation strategy to the present. This therefore shows why America is the leading state in regard to the utilization of plea negotiations in both state as well as federal cases (Gorr, 2000). 

            Question 6

            Plea bargaining is mainly utilized in domestic as well as social offenses. This is because the victims may not be willing to testify in court and therefore they opt to engage in a plea bargain to extract information from the offenders in pleading whether they are guilty or not.  The prosecutors may additionally not be wishing to file charges against the offender based on their network and therefore in order to ensure that the offender does not offend more they are therefore forced to negotiate (Fisher, 2007).  Over ninety percent of the cases are completed in negotiated pleas and this implies that only less that 10% of these cases are resolved in trial courts (Mackenzie,Vincent, & Zeleznikow, 2014). Bargain plea generates a gap amid theory and practice in the system of criminal justice. This is because with the plea of guilty the process of justice is achieved through focusing on the defender as well as the prosecutor.  90% of individuals believe that the bargaining plea hinders the ability of achieving justice as the prosecution process does not try to establish facts fully (Mackenzie,Vincent, & Zeleznikow, 2014).  Bargaining plea is commonly utilized in America as it is a notion that has been accepted adequately.  This is despite the fact that most individuals do not believe that it serves the desires of all the parties that are involved.

            Question 7

            A bargaining plea does not serve the interests of every party that is involved in a case.  This is because the plea fails in serving the interests and the rights of the victims because when the offenders serve reduced sentences this means that justice has not been achieved.  The offenders are able to serve a sentence that the type of crime they committed is not justifiable as they plead guilty to reduced charges. The criminal justice  is purposed to providing full protection to all the involved  parties but the bargaining plea seems to serve the interests of the one party depending on whether the defendant is guilty or not.  This is because the defendants are forced to comply with the verdict and the interests of the criminal justice are achieved as the plea ensures that there is flow of prosecution processes (Gorr, 2000).

            Question 8

            If bargaining plea were not permitted the justice criminal system would be faced with severe implication.  Mass incarceration issue would rise rapidly as most of the offenders would be sentenced for longer period thus causing incarceration (Lahny, 2014). In addition the denial of bargaining plea would result in financial complication as the release bound for the victim’s causes financial strains.  This would additionally necessitate higher financial investment by the justice system in developing more prison structures as well as utilizing more resources in providing services like rehabilitation, training programs as well as reforms initiatives.  Injustice would additionally rise in the   criminal system of justice as most individuals would serve fewer sentences based on discrimination and even corruption (Lahny, 2014).

            In my opinion, the bargaining plea is no doubt a good strategy as it permits the criminal justice to operate in a more efficient way that it would be expected to.  However, the approach is unfavorable because all the authority lies with the case prosecutor. This, therefore, works against a defendant because they are forced to agree with the terms of the prosecutors in order to ease their verdicts which are the sentence term (Mackenzie, Vincent, & Zeleznikow, 2014).  Jury’s plea might additionally provide prosecutors with an encouragement to restrain their charging decisions by harnessing the prosecutors wish to get out of the cases quickly. After conducting the research my opinion in the context of plea bargaining because I understood that it ensures that it ensures that the justice system is effective.  In addition, it helps in ensuring that the criminal system of justice is not faced with severe implications. Moreover, I believe that the plea bargaining is the best strategy in reducing the justice system modernity issues globally as it seeks in ensuring efficiency.

            In conclusion, The general public views the bargaining plea as an injustice promotion as punishment is not based on the crime seriousness  but it is based on the ability of the defender to negotiate in a proper way and attain  prosecution that holds lesser charges.  The bargaining plea is viewed as a way for offenders to break laws because the approach permits them to receive punishments that are lowered as compared to what they would receive in a court trial.  This can thus be termed as justice denial because the offenders receive punishments that are not equivalent to their crimes and therefore the victims are not offered adequate protection by law. The bargaining plea is not well accepted by most individuals as it is termed as a way of sacrificing quality in order to achieve a lowered quantity as well as justice administration effectiveness. Despite the fact that plea bargaining has helped the criminal justice in attaining efficiency and speed injustice provision the strategy is highly critiqued.

References

            Fisher, T. (2007). Criminal Law, the Boundaries of Plea Bargaining: Negotiating Standard Proof. Pdf

Gorr, M. (2000). The Morality of Plea Bargaining. Social Theory and Practice. Pdf

Lahny R. Silva. (2014). Right to Counsel and Plea Bargaining Gideon’s Legacy Continues. Pdf

            Mackenzie, G., Vincent, A., & Zeleznikow J. (2014). Negotiating About Charges and Pleas: Balancing Interests and Justice. 2014.  Pdf

Agility in Business

Agility refers to the power of moving easily and quickly that can also be said to be the capacity of thinking and drawing conclusions in a more intellectual acuity (9). Agility can be said to be the art of maintaining equilibrium with speed, strength, and coordination.

Agility is a concept used in manufacturing to imply that an organization has developed and created strategies, tools, and training that will enable the organization to respond quickly to customer inquiries and needs and to the overall market that keeps on changing while still being able to maintain cost and quality (10). Agility in manufacturing has enabled the agile manufacturers through it enabling factor on the development of manufacturing technology which gives the marketers, designers, and the production workforce to have a common database of the product and the parts and share the information regarding the production aptitudes and the problems arising (10). Agile manufacturing requires a change in the internal structure of the organization from the traditional model, changing the communication level that involves the bosses and including managers to take up roles of being enablers of the responsible employees in small teams so that they can enhance freedom in order to increase skill and creativity with the short uninterrupted cycles that will generate an end result of customers being happy.

Lean manufacturing is an approach to manufacturing that aims at minimizing costs. This translates to minimal money wastage in the amount invested in the raw materials and inventory at all times. This manufacturing approach is founded on a demand-based flow (9). The approach is driven by a state of mind that there is definitely a room for improvement and there are regular measures of the material, facility and time are utilized.

Both manufacturing strategies are best suited for the modern managers who wish for increasing the business sustainability and revenue. Both approaches are designed to make the organization more competitive (10). This is because the strategy creates a proper planning process in all aspects of the process. The process creates a successful business venture as it relies on the open communication that involves all the stakeholders and the statistical analysis.

The Iacocca institute has established means of becoming agile in manufacturing as its new infrastructure. First and foremost the company needs a detailed infrastructure. Despite the dangers that the company is likely to face infrastructure is a prescription for its success (23). The provision of an essential concept is important as it will identify the reason behind the development of the concept. The business should be seen as a basic business concept that brings ideas together in the competitive market. The business should also be ready to take the risk and stop fearing the changes that will occur by viewing the change in a current perspective in relation to mass production (23).

The company should also be able to achieve the needed manufacturing concept that will enhance appropriate manufacturing response in the emerging markets (23). The company should also be able to take advantage of the new market by exploiting the business concepts that are more practicable such as the virtual enterprise by the use of new technologies. Therefore a company must have new manufacturing strategies and the integration of the business is also a requirement where people and the technology are well coordinated in an interdependent system are the means of becoming agile (23).

Work cited

A 21st Century Paradigm

1. 1

Benchmarking refers to a process where a company measures products, services, and practices against those of its strongest competitors. It has a significant impact as far as the strategic plan of the organization is concerned. Benchmarking is a tool for managers to determine whether the company performs certain activities and functions efficiently (Camp, 1994). It also helps to determine whether the company’s costs are in line with those of competitors thus making improvement within the organization. The reason behind benchmarking is to measure internal operations against external standard.

QN.2

Benchmarking has a significant impact on the supply chain management and performance. Benchmarking helps the company to identify best practices for a better supply chain performance. Benchmarking helps in implementing a proper way of coordinating resources within the organization (Camp, 1994). For example ensuring proper supply chain costs, controlling all the operations by comparing to those of other competitors, comparing the organizational structure with that of the competitors, ensuring effective technology, and looking on how to collaborate with the supply and logistics service providers.

QN.3

There are challenges that are associated with benchmarking and they limit organizations to actively get involved in it. Some of those challenges are encountered during the process for example difficulty in getting suitable partners (Andersen & Pettersen, 1996). It is also hard to compare organizational data hence difficult to make appropriate decisions. Some organizations face resource constraints and this limits most organizations. Additionally, organizations face resistance from the staff.

QN.4

To develop and maintain a benchmarking environment, first of all, organizations need to understand the purpose of benchmarking in order to make the best use of it. It is also important for the organization to get best partners suitable for benchmarking. Finally, organization should learn of the best business practices from the Business Performance Improvement Resource (Andersen & Pettersen, 1996).

1. 5

Benchmarking marking relates to quality improvement in a way it involves comparing business best practices with other best performing competitive organizations and applying them in your organization and by doing so, quality can be achieved.

References

Camp, R. C. (1994). Business process benchmarking: Finding and implementing best practices. Milwaukee, Wis: ASQC Quality Press.

Andersen, B., & Pettersen, P.-G. (1996). The benchmarking handbook: Step-by-step instructions. London [u.a.: Chapman & Hall.

Work Attitude

            Work attitude is a set of assessments of one’s work that features the person’s feelings toward it, notions about and the connections to the job.  Work attitude comprises the cognitive and affective features which correspond to each other.  There are some factors that contribute to positive attitude towards work including personality.  This involves the evaluation of the work environment so as to fully show that one is gratified by the job.  Those with a positive attitude always practice optimistic dispositions more than undesirable attitudes and are more gratified with their occupations and loyal to them.  Fitting in the working environment is another factor that causes positive work attitude.  Fitting in our work environment requires influences and work attitudes.  When our skills fit the work demands and our values relate to the company values, one becomes more gratified with the job and more committed to the working company. Job features are another feature and refer to main features on the work that make the employees satisfied and more committed (Fritz, 2008). 

            Mental Agreement is another feature making positive attitude in the work place.  If people accept their work, they have to build many expectations as they understand their own responsibilities and rights.  This feature is the unseen understanding about what an employee brings to work environment   and what the company gives in return.  If workers do not meet their expectations, they experience a mental bond break which makes them have a low job satisfaction and commitment.  Relationship at work is another factor that means that the prospect of work gratitude and commitment in are the main relations with the other workers and leaders.  Relation with the coworkers and the managers, their level of compassion and our level of social approval in the way we treat ourselves and others with respect is important features that are based on happiness at work (Fritz, 2008). 

Reference

Top of Form

Fritz, R. (2008). The power of a positive attitude: Discovering the key to success. New York: American Management Association.

Bottom of Form

Article Review on the Current International Business Activity

            Today’s business is recognized to be international and it generally expected that this will go on for a projected future. International business can be referred to as business transactions occurring across the borders of the nations. This definition is broad and it includes small firms exporting and importing a small quantity to a single country, as well as a very large firm with strategic alliances and integrated operations globally. International business involves a number of activities all over the world and they include international trade, regional integration, finance, outsourcing, entry strategies, marketing, etc. And those are the factors that make up international business. The article shows the relevancies of international trade in the world of international business.

            International trade involves exchange goods and services among countries and it is a subset of international business. It has created a greater competition and more competitive pricing in the market which has resulted into more affordable products for the consumers. In reality, international trade is a backbone of our modern commercial world (Barot, 2015). During the exchange of goods, the economy of the world is always affected either positively or negatively as dictated by demand and supply. This kind of trade gives countries an opportunity to be exposed to new markets and products (Barot, 2015). In an international market, consumers are able to find almost every product for example food, stocks, clothes, currencies, spare parts, etc. additionally services are also traded for instance banking, transportation, tourism, consulting, etc. international trade has resulted into an increase in industrialization and its associated impacts and has given rise to many dealings amongst countries hence promoting international business.  

References

Barot, G. C. (2015). Fundamental Concept of International Trade. CLEAR International Journal Of Research In Management, Sciences & Technology, 5(10), 1-5.

Business Plan: Question 1

            According to Finch, (2013), objectives are normally the focus of a good business plan.  This is because they provide a better indication of the aims of the business as well as the direction.  Business plan objectives, therefore, comprises of strategies that can then be transformed into beneficial objectives.

            The restaurant's objectives include increasing the volume of sales by at least 20% by the completion of the first year, developing profits by at least 30% in the following year as well as decreasing the expenses with at least 105 in the following year.  In addition, the other objective is to ensure that the bank loan is paid within the first eleven months. These goals are very achievable, elastic as well as measurable in the context of the business nature.   The restaurant will also aim to ensure that customer’s satisfaction is developed within the first year of the feedback as well as develop fresh product and additional services in the year that follows. Network Diagram with Critical Decisions Illustrations and Time

            Reference

Finch, B. (2013). How to write a business plan. London: Kogan Page Limited.

BUSINESS AND MANAGEMENT

Financial statement of Apple (Apple.com) and Google (Google.com)

1. Identify at least two activities at Apple and Google that cause costs to be incurred. Do you believe these companies should be concerned about controlling costs of the activities you identified? Explain.

The main activities that cause costs to be incurred by the two companies include manufacturing, managing expenses, the division of labor, research, advertisement, and so on (Jackson et al, 2008). Regardless of that, these companies should be concerned about controlling costs of such activities because cost control or just cost management is perceived as being an important cost accounting system which is based on the common objective of fostering the cost-efficiency of the business through reducing costs or limiting their growth rate.

Moreover, due to the fact that majority of the business organizations make us of the cost control techniques in achieving the set objectives of their enterprises, these companies should be concerned with such costs so as to ensure that they in the position of monitoring, evaluating and eventually enhancing the efficiency of certain areas, for instance, product lines, divisions or departments, with their operations. Since cost control mechanisms usually enable a corporation to be able to achieve greater profit returns as compared to its competitors, to these companies this will remain to be a continuous process which ought to commence with a future annual budget (Drury, 2004). By doing so, it means that it will be easier to coordinate and organize production, selling, distribution, and their administration functions. Thus, in the long-run both of the companies will end up making maximum advantages of the available opportunities. 
2. Would you classify Apple and Google as service, merchandising, or manufacturing companies? Explain.

Apple and Google can be classified as manufacturing and service companies. The major reason for that is because Apple develops designs as well as sells computer software i.e. OSX and iOS operating systems, consumer electronics- I.e.  IPhone smartphones, and online services i.e. iCloud and iOS App Store (Lüsted, 2012). On the other hand, Google company majorly specializes in internet related services and other products which include things like cloud computing, search, software and online advertising technologies (Nehls, 2011).

3. Is activity-based costing useful for companies such as Apple and Google? Explain.

Yes. The reason for that is due to that fact that it is an essential tool for these companies since they offer customized products and services. Typically, such a customized production environment for these companies needs the allocation of the actual indirect expenses to the products or services so as to identify its true expenses incurred. As much as costs are to be allocated per service or product; a clear picture will start to come into view regarding the performance of these businesses or the areas which need to be improved (Emblemsvåg & Bras, 2001). 

In addition to that, activity-based costing is useful for companies such as Apple and Google since it is the one which will aid in justifying and evaluating the companies’ investments in new technologies, improving the quality of their products or services through better product or service and design, and coping or increasing the level of competition in their industry (Emblemsvåg & Bras, 2001). Nevertheless, this means that it make it effective in identifying any non-valued added activities hence helping in efficiently allocating resources to profitable activities.

Because of that, there will be the provision of behavioral incentives via the creation of cost consciousness amongst workers, responding to any increased overheads or pressure from regulators.  This is what will add value to such enterprises for continuous improvement.

References

Jackson, S., Sawyers, R., & Jenkins, J. G. (2008). Managerial accounting: A focus on ethical decision making. Mason, OH: Thomson/South-Western.

Drury, C. (2004). Management and cost accounting. London: Thomson Learning.

Nehls, E. F. (2011). Business analysis project on google inc. Place of publication not identified: Grin Verlag Ohg.

Emblemsvåg, J., & Bras, B. (2001). Activity-Based Cost and Environmental Management: A Different Approach to ISO 14000 Compliance. Boston, MA: Springer US.

Lüsted, M. A. (2012). Apple: The company and its visionary founder, Steve Jobs. Minneapolis, MN: ABDO Pub.

The New Leader’s Guide to Diagnosing the Business

Executive summary

There has been a decline in the average term of departing chief executive officers in America. The decline was from 10 to slightly more than eight years from 1999 to 2006. Thus, general managers and CEOs are required to identify ways of boosting profitability within a few months of service (Gottfredson, Schaubert & Saenz, 2008). The article discusses four principles that define a successful program for performance improvement and they include; cost and prices, competitive position, customers and profits pools, and simplicity.

The article discusses experience curves and show how much costs and industry prices have fallen whenever the industry’s experience doubles. The slope of the curve gives the percentage of the original cost or price remaining after every doubling experience. Understanding experience curves helps in knowing the relationship between cost and prices which also helps in determining your top priorities.

            In diagnosing the business, it is also important to know costs relative to the competitors so as to know how effective your company is in relation to competitors (Gottfredson, Schaubert & Saenz, 2008). It is also vital to assess the profitability in your product lines. This helps you to know the products that are making money and why. The company also has to know its position at the market place, understand the industry’s profit pool and her, the firm must study customer needs and behaviors, track their retention and loyalty.

Recommendation

Therefore, leaders need to follow the above criteria in order to diagnose their businesses effectively. This is most especially the CEO and the general manager. Since most businesses are aimed at profit making, using these criteria they can be able to identify the ways of boosting their profits for a successful business performance.

References                  

Gottfredson. M, Schaubert. S, & Saenz. H. (2008). The New Leaders Guide to Diagnosing the Business.

LEARNING JOURNAL ACTIVITY #3: BECOMING A BETTER LISTENER

Listening is a daily thing that most people go through as they engage in conversations be it with friends, family members and even co-workers. Most of the people are poor listeners due to the distractions of certain things in the environment, cell phones, the internet, and television. Most of this happens by assuming that we are listening but in most cases, full attention is not given (Goulston, 2010).

Active listening is a skill that involves building understanding, rapport, and trust. There are skills such as restating, summarizing and reflecting that facilitate better listening. Giving a feedback helps in sharing of thoughts, probing gives a deeper and more meaningful information and validation that acknowledges the issue also facilitate active listening (Goulston, 2010). Effective pause facilitates on key point emphasis while silence is helpful as it diffuses unproductive interaction. In order to become successful in listening to one has to understand that listening is a win-win situation for both parties. Understanding that it will be beneficial to pass on the information learned to another person increases the listening capacity of an individual. Eye contact is important as it helps in avoiding destruction (Goulston, 2010).

In order to focus on the speaker, one has to prepare and be relaxed during this time. This assists in putting thoughts together and concentrating on the message being communicated. Empathizing with the speaker helps in understanding their point view as well as their perspective this means that there is no objection during this time and any argument should be constructed but approached with an open mind (Goulston, 2010). Being patient and avoiding personal prejudice helps in being impartial. Watching of non-verbal skills such as gestures, eye movement, and facial expression helps in picking additional information that is being conveyed in that form.

Reference

Goulston, M. (2010). Just listen: Discover the secret to getting through to absolutely anyone. New York: American Management Association.

Research and explain in detail:

1. Define the elements of a job analysis, and discuss the significance for HRM.

One of the key job elements is the identification of major requirements whereby, this generates the most essential duties as well as the position to be filled. The other element is being aware of the knowledge and abilities required in accomplishing each goal set on the particular job. Understanding the key elements is necessary especially on the human resource management since it is easier in preparing the job description. Human performance is improved by the components thus; the business ensures that all development activities are put into focus. Job analysis elements are used in gathering information for use in personal sections such as training, classification as well as compensation (Kleynhans, 2012).

2. How is a job analysis conducted?

Job analysis is conducted according to the following procedure;

Step one: Collecting necessary information about the job, this is important especially by beginning with the review of materials which describes the business performance. The materials include the job’s occupational studies as well as its subject matter (Kleynhans, 2012).

Step two: Preparing a list of the tasks which is aimed to be performed for the success of the job. The list will be based on the information collected on step one thereby; it opts to be deep and reliable information (Kleynhans, 2012).

Step three: Documentation of critical aptitudes especially based on rating scales as well as cutoffs which might have been discussed in the information gathered (Kleynhans, 2012).

3. 
   
   Identify and explain the approaches to designing a job to make it motivating.

Job enlargement is one of the key approaches to consider while designing the perfection of a job. The tactic involves the combination of various tasks activities through expansion thus; focuses on the enlargement by increasing task as well as responsibilities. Job enrichment is another approach to consider in motivating job since it defiantly makes work more interesting. Job enrichment motivates workers through the growth opportunities and advancement thereby; employees grow higher jobs satisfaction from performing their tasks. Job simplification is another major approach since it enables workers assembles various lines of simplification. Vulgarization of jobs discourages boredom at work place by avoiding of receptions of task which becomes monotony (Wilson, 2014).

References

Kleynhans, R. (2012). Human resource management. Cape Town, South Africa: Pearson/Prentice Hall South Africa.

Wilson, M. (2014). Job analysis for human resource management: A review of selected research and development. Springfield, Va: United States. National Technical Information Service.

Focus on the international business activities of a specific American firm

Kentucky fried chicken is one of the fast food restaurants in America and it has many outlets in other countries due to its success. In this article, the big question is about if the top secret recipe for the company is the one that has contributed to its success. It is well known for its fried chicken recipe that has traded throughout the world (Stack, 2016). The recipe of 11 different spices and herbs was handwritten by the second wife of Colonel Sanders in the family scrapbook has greatly contributed to its success as no other fast food restaurant can match that. The firm revealed it takes any threat to its recipe very serious as it has been the one winning the customers and they cannot compromise the loyal of the customers (Stack, 2016).

KFC is one of the American firms that were expanded internationally by opening outlets in various countries such as in England, Jamaica, and Mexico. Throughout the whole period, KFC has experienced mixed success both domestically and internationally in most continents such as Asia, Africa and South America with more than 18,000 thousand outlets with China being its largest market with over 4,000 outlets (Wit & Meyer, 2010). The international growth of the KFC chain has won many customers as they have been able to improve their services of the franchisees that are believed to be the backbone of the restaurant food chain all over the world. It is true to say that due to the strong and the reputable name of the firm their products sell off so easily without the extensive and vigorous marketing (Wit & Meyer, 2010). Despite all their successes there are those challenges that it has faced but the firm has been able to solve them to enhance the continuation of the restaurant.

Reference

Stack L (2016). Is This The Top Secret KFC Recipe? Retrived from http://www.nytimes.com/2016/08/26/dining/is-this-the-top-secret-kfc-recipe.html?_r=0

Wit, B. ., & Meyer, R. (2010). Strategy: Process, content, context ; an international perspective. Andover, Hampshire: Cengage Learning.

Evaluating contracts

Q1

Evaluating a contract means that checking whether the essential terms are included, there is no conflict with the law and there is a solid Boilerplate. A fixed price contract means that a certain price has been set for all the goods and services that are going to be offered and there is going to be no bargaining as the price is fixed regardless of the production cost. As a seller, the company will be able to charge a high cost under the fixed model (Chong & Miguel, 2013). This means that when the price is agreed upon the buyer benefit as well due to the elimination of contest amount and the sticker shock. There are disadvantages of this contract due to the fact that this contract is less flexible as it gives no chance of making changes. It will also be a costly affair for the firm in terms of creativity, quality, and timelines. This may damage the company’s image because the value for work is made less important than the cost (Kim, Roberts, & Brown, 2016).

Most of the government contracts use cost reimbursement contracts which mean that prices are based on the actual cost. It is beneficial to the company due to the ease of calculation. In this case, the business owner is given a chance of knowing the profitability of the project. This contract can also be used to justify any price increase when it is on the rise (Chong & Miguel, 2013). It also protects the firm against the occurrence of unexpected cost. The company will also have the flexibility of increasing the prices at the expense of the Homeland Security that will be used to cover any extra cost. It also has its drawbacks because when the Department of security places a higher value on the contract than the price set then the company will lose on profits (Kim, Roberts, & Brown, 2016). Cost pricing is also a critical component and the company may have little incentives to control or reduce the prices because when the prices increase, profits rise.

Q2

As a result of the seeking the contract there are opportunities that the small business will have in comparison to the large businesses. One there will be a change of technology and the markets. This is because the company will change from a small company that uses the remote control technique to a more technological advanced aircraft's that can be sustained for longer than the initial ones. This means that if the company wins the contract it will be required to increase its level of competition in order to have a competitive advantage over the other firms (Longenecker, 2009). Secondly, by manufacturing the aircraft to the department of defense there will be local and global events presenting themselves to the company. This means that the company has to rise up to the occasion because its local image will be enhanced making it to the global market as well. Thirdly there shall be social factors as well. This means that the company will employ many people from the community thus changing their lifestyles. The company will also make arrangement for the corporate social responsibility due to its increased operation (Longenecker, 2009).

Q3

A cost reimbursement contract can be considered as an alternative to the fixed price contract. This type of contract is used where is used where there are a significant number of materials that need to be purchased. This means that the company will be compensated for the actual cost incurred which are mostly uncertain at the time when the contract is written (Chong & Miguel, 2013). The company being a small business is likely to suffer if the cost material is uncertain at the time the project of making the aircraft's starts and when both the Department of security and my firm enter into a contract. This means that there shall a big surprise for the party paying the bills as there is a likelihood of spending more than the anticipated on the required materials. It is true to say that there can be diverse consequences to the paying party which mean that the small business will incur huge costs that at times which can jeopardize the contract and the whole business operation may be affected (Kim, Roberts, & Brown, 2016).

Q4

A cost reimbursement contract will be the most beneficial contract for the company. The pricing strategy of the contract plays a major role that ensures the seller in this case my company is protected and it can rip maximum benefits from the engagement. The value of the contract is 100% cost plus a markup to the cost of the price set. It can also be an alternative of value based pricing. Problems such as the value of work becoming less important than the cost are eliminated (Chong & Miguel, 2013). The contract is more flexible as it creates more time for adjustment that can be used to address any unanticipated increase without comprising the value for the project. This type of contract creates room to incorporate any changes hence the avoidance of surprises which is common to the other contracts as it is able to differentiate the different margins assigned by the use of the pricing model (Needham, 2009).

 In support of this contract the company will reap numerous benefits by settling for this type of contract. More profits will be realized due to the enhancement of creativity, quality, and timelines. The department of security is also assured of quality hence trust is built between the two parties. The project is focused into which also enhances the image of the company (Chong & Miguel, 2013). The competition will also be eliminated which will give the company to perfect on producing the required quality of the aircraft. The contract is also beneficial as it is able to reduce to pressure the company may face in which it would have a negative impact on the firm. The company is able to utilize all its utility and resources that will enhance the company’s operation to a whole new level. The approach of this type of contract is reasonable due to its dynamic nature (Needham, 2009). The contract can be considered as a more valuable tool due to the minimization of risk.

Q5

For large entities like Boeing, the most significant type of contract is cost reimbursement contract. This is because these types of business entities do not have a finance problem as they are able to carry multi-billions projects on their own (Kim, Roberts, & Brown, 2016). Such companies have also able to maintain a presentable image and it is known by many due to its success that has traversed all over. The reason why this contract fits best such entity is due to their capability.as the company can spend so much on any given project it is best suited for them by putting a maximum amount it may spend. This is limiting the company on the financial levels to ensure that the company does not overspend. The maximum limit is put as a measure of protecting the contract not to be blown out of proportion (Needham, 2009).

            The provisions in this type of contract ensure that the seller is protected. There is a proper process of reimbursement put in place that ensures the whole process is effective. The contractor's accounting system is also made to be sufficient in order to facilitate the process of paying leaving no room for exaggeration (Chong & Miguel, 2013). This type of contract also ensures that there are sufficient protective measures of interest and legal rights that avoid the happening of unexpected and the very expensive surprises.

Q6

Winning the government to award my small business with a contract that supports large companies such as cost reimbursement contract will require a detailed plan. To begin with, the company should familiarize with the small business association and the government office contracting web pages (Amtower, 2011). This will assist in identification of the contracting experts who can be a valuable resource by providing the most relevant information and the training of prospective that are required in federal tenders. The firm will also need to qualify for the small business association certificate so that it can boost the contract opportunities. It is also important for my business a Data Universal Numbering System (DUNS) (Amtower, 2011). This number plays an important role as it is considered as an identifier which is used by the government in the contracting arena. This will be beneficial to the company as it will be able to have all the requirements that the federal government requires in order to reward a contract.

Identification of product and services will be helpful to the federal government as it can be able to reference the capability of the product. It is also upon my small business to identify the current federal opportunities that arise as a result of procurement (Amtower, 2011). Learning about the procedure of the Federal contraction is substantial due to the complex rules that govern such institution. It is also important to consider Federal supply schedule as this type of contact will be a long term one. My business should also take up the benefits of the procurement resources in the federal government as it will provide the additional assistance needed in this field (Amtower, 2011). Seeking teaming and subcontracting opportunities regardless of the product will be useful in pursuit of the contract. Investigating of other federal programs and accepting credits cards will be beneficial considering not many small businesses do so. Lastly marketing on all social media platforms will create awareness of existence and participation in promotional events and expos will be of great assistance. By having such a detailed plan the Federal government will be able to gain trust in my small business as it has been able to make it through and has obtained proper training and the relevant information (Amtower, 2011). This also creates a sense of security to the government as the company has been able to identify itself by what it can do and for it being a small firm should not be a hindrance for awarding the company with the cost reimbursement contract as there will be many financial institutions willing to fund the projects as they can see the objectivity and the determination of the company.

Reference

Amtower, M. (2011). Selling to the government: What it takes to compete and win in the world's largest market. Hoboken, N.J: Wiley.

Chong, W., & Miguel, J. S. (2013). Are Cost-Plus Defense Contracts (Justifiably) Out of Favor?. Journal Of Governmental & Non Profit Accounting, 2(1), 1-15. doi:10.2308/ogna-50558

Kim, Y. W., Roberts, A., & Brown, T. (2016). Impact of Product Characteristics and Market Conditions on Contract Type: Use of Fixed-Price Versus Cost-Reimbursement Contracts in the U.S. Department of Defense. Public Performance & Management Review, 39(4), 783-813. doi:10.1080/15309576.2015.1137765

Longenecker, J. G. (2009). Small business management: Launching and growing new ventures. Toronto: Nelson Education.

Needham, J. K. (2009). Extent of Federal Spending under Cost-Reimbursement Contracts Unclear and Key Controls Not Always Used. GAO Reports, 1-47.