Developing a Close-Out Plan in Procurement Management Plan Research Paper

Developing a Close-Out Plan in Procurement Management Plan - Research Paper Example This calls in the legal advice from either the corporate legal counsel or an outside lawyer. This is a matter of withdrawing from the provisions of the outsourced contract. Usually the terms and processes for terminating a contract before time are spelled out in the initial contract. This section of the contract is called the termination clause. This clause is there for the protection of both the buyer and the seller, since termination before time can severely damage the interests of either party. Most procurement contracts usually require that the party who wants to terminate the contract before time must notify the other party within a reasonable amount of time, failure to which can result in severe financial penalties for that party. Another aspect of termination clause is the substitute provider. The party who wants to forfeit being part of the legal contract will have to find an alternative provider for the other party if it wants to get out of the contractual relationship. Such provisions and contingencies depend on the parties to the contract. There is no hard and fast rule to this as both parties make the rules themselves of earlier termination in the initial contract (Beyond the Information Systems Outsourcing Bandwagon, 2005). If a contract has a written provision that any modification or termination by agreement should be in written form, then any termination or modification cannot be made effective otherwise. But as stated earlier, this agreement is made by the parties to the contract and termination or modification can be made possible and legally effective orally, in written form, by an act, by staying silent or by inaction, if the initial contract contains such a provision (Viscassilas, 2006). Categorizing the differences in termination of contracts There are three general scenarios in which one party feel the urge and have legal approval to end the contract; Scenario A: Termination for Cause or Default (Seller’s Gaffe) This is a classic f ault from the seller’s side in which the buyer is not satisfied by the quality of the products or the delivery timings. In brief, the seller doesn’t fulfill his contractual obligations in the way he is bound to fulfill them. ‘Failure without legal excuse’ is the key term here that defines the seller’s breach. Seller fails to complete his critical obligations and the buyer is fully defensible in terminating the contracting immediately. Breach from the seller’s side should be ‘material’, which means that the damage to the buyer must be significant enough to give him the legitimate excuse to lay off the contract. Scenario B: Closure for the Suitability (of the Buying side) This tort is inspired by the Federal Acquisition Law which states that the federal government reserves the right to end the procurement contract for its convenience. Many other governmental agencies have followed this law since and have acquired the same legal pos ition in their procurement contracts. These governmental agencies can end the contract if and when they see fitting. These governmental bodies represent state, county and local and many industries are following this legal trend. If the buyer terminates the contract before it is legally expired, he/she needs to notify the seller at a reasonable time so as to not hurt him financially. After sending the notice, both parties must come to the negotiation table to sort

Ibrahim Essay Example | Topics and Well Written Essays - 750 words - 1

Ibrahim - Essay Example In Islam, Abraham is considered the father of Prophet Ishmael and Isaac; in addition, he was also the grandfather of Prophet Jacob and an ancestor of Prophet Mohammed. He is considered as the father of monotheism (worship of one God); the Quran describes him as a person who believed in one true God and he was obedient to his commandments. Abraham was given the title ‘Khalilullah’ which means the friend of Allah; the Quran is quoted as saying ‘who can better be in faith than the one who submit his entire person to Allah, does good and follows the manner of Ibrahim the correct in faith? For Allah did take Ibrahim for a friend. As can be seen from the title that Abraham was given as a friend of Allah, Muslims are called upon to try and imitate Abraham in their faith which would bring them closer to Allah; all their actions and activities should be geared to conformity to those of Abraham. Another great feature that Abraham has contributed to Islam is the construction of Kaaba. Abraham, together with his son Ishmael constructed the Kaaba, which can be found in the modern day Saudi Arabia. In regard to the Kaaba, Muslims are required to make pilgrimage at least once in their lifetime if they can afford the journey; this is to show the return to perfection of the Abrahamic faith (Qu?ait?i?, 34). The character and personality of Abraham has been focussed on in the Quran than any other person, with his kindness and compassion being the areas that have been focussed on the most. The Quran tells us of Abraham as being brought up by a wicked father who was idolatrous and ignorant as his son tried to advice him to leave his wicked ways and turn back to God but he refused. At one point, Azar, who was the father of Abraham, threatened to stone him to death if he did not stop preaching to the people; Abraham ignored this threat. Despite the rocky relationship between him and his father, Ibrahim prayed to Allah to pardon his elders and his family for all the ir wrong doings. Muslims use this kind nature of Ibrahim as a model of how individuals should be towards others and in particular their elders. When God revealed to Abraham his intention to destroy Sodom and Gomorrah, he prayed for them that God might have mercy on them; this shows the compassionate nature of Abraham although God destroyed the city in the end. To Muslims, Abraham symbolises the highest moral values that a human being should possess. This is evident when the angels came to tell him of the birth of Isaac; he was quick to welcome and entertain them with a calf although they were strangers. To demonstrate the faith that Abraham had in God, Abraham saw a vision that he was required to sacrifice his own son and when told his son of this vision and he submitted himself to the will of Allah. When Abraham had laid Isaac on the altar ready to sacrifice him, God called him and told him to stop as he had already demonstrated his faith in him; this kind of faith is emphasized in Islam where Muslims are required to submit themselves to the will of God. The importance of Abraham in Islam is also seen in the direction that the Muslims are required to face in their prayers. When praying Muslims are require to face Mecca which is the holy city associated with Abraham as it contains the kabba which Abraham built with his son Ishmael. In addition Muslims are required to pray at least five times a day, one of which they must ask God to send his blessing to Prophet Abraham. The celebration of Eid-ul-Adha,