Information Ventura, Inc. Case Brief

In: Other Topics

Submitted By tygrqwn
Words 741
Pages 3
1. Title and Citation: Information Ventures, Inc. B-294267, October 8, 2004 2. Facts of the Case: Information Ventures, Inc. is protesting the decision the Department of the Interior, Minerals Management Service (MMS) made to issue request for proposal No. 35164 for various health education methods for youth, on a unrestricted basis and not as a set aside for small business concerns. Prior to July 7 deadline Information Ventures submitted protest on June that the contract officer failed to perform adequate market research prior to deciding to solicit on an unrestricted basis. 3. Issues: Twenty business concerns requested a copy of the solicitation by the June 4 deadline, six were small business. By the July 7 deadline, four firms submitted capability statements, three were small businesses and one was a large business. The contract officer only reviewed the GSA Advantage online database and consulted the contracting technical representative. The GSA database pulled five contractors (three small and two large) all responded they could not perform the requirements requested by MMS. The technical representative suggested contacting Action for Healthy Kids volunteer coalition. The coalition responded they could not perform the requirement requested by MMS, either. The contracting officer deemed these sources as sufficient market research and felt no more than two or more small businesses could perform the requirements being asked, only due to other commitments and not due to lack of ability. The contracting officer moved forward with issuing solicitation on an unrestricted basis and not set aside for small businesses. 4. Decisions (Holdings): Protest is sustained by General Counsel, Anthony H. Gamboa, recommend the solicitation be cancelled and re-issued as a set-aside for small businesses after conducting proper market research to determine there are not…...

Similar Documents

Computer Information System Brief

...Computer Information System Brief ACC/542 Kudler Fine Foods is a small network of specialty grocery stores. They have asked us to study and comment on their computer systems and information technology. In particular they are interested how technology can be effectively integrated into their operations. Following are their key business needs for information technology: cash registers, human resources and accounting department. Cash registers service for processing credit card payments or cash payments. Simultaneously as transactions are rung up, these systems also collect data that influence reports and other data. Sales information send data to general ledger, updating debits and credits, calculates cost of goods sold, calculates inventory and calculates daily profit. Human resources collect employee data that relates to their payroll, tax liabilities, performance and disciplinary issues. Also HR creates reports for OSHA and Equal Employment Opportunity Commission. Quick Books software is used to create employee database that includes such information about employees as pay rate, exemptions, seniority date. Accounting department is involves information systems in several areas. They collect data from POS to update General Ledger, some manual entry is involved. Bank helps accounting department to create cash reports. Accounting department handles check printing, control bank accounts, sets up cash accounts for cash payments to local farmers,......

Words: 1039 - Pages: 5

Diamond Fruit Growers, Inc. V. Krack Corp. Case Brief

...Diamond Fruit Growers, Inc. v. Krack Corp. 794 F.2d 1440 C.A.9 (Or.), 1986. Facts: Krack Corp. manufactures cooling units that have metal tubing. Metal-Matic is one of Krack’s suppliers of tubing. During the last ten years the parties have had the same course of dealing. At the beginning of the year Krack would send a blanket purchase order to Metal-Matic. They followed this by sending release purchase orders as tubing was needed. Metal-Matic responded by sending an acknowledgement form and shipping the tubing. Metal-Matic’s acknowledgment form disclaimed all consequential damages and limited liability to refund, repair or replacement. Metal-Matic expressly made its assent conditional upon Krack’s assent of the disclaimer. Krack’s purchase order did not have this provision and they never formally assented. During the ten years one of Krack’s managers objected to the terms of the disclaimer, but both parties continued to do business. In February 1981, Krack sold a unit to Diamond Fruit Growers that leaked. Rule of Law: Under the UCC §2-207 when the purchase order and acknowledgment form state different terms the additional terms are construed as a proposal and become part of the contract unless: The offer expressly limits acceptance conditional on assent to the terms of the offer. Issue: Are the additional terms of Metal-Matic’s disclaimer of liability part of the contract when its agreement is expressly conditioned on its assent to the additional......

Words: 666 - Pages: 3

Case Brief

...Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts The City of New London came up with a plan to redevelop an area in which they would develop a state park and other architecturally eclectic homes. Part of the deal included Pfizer corporation who would also put a research facility in the area. The development would match what Pfizer corporation was planning and would also increase revenue, create jobs, and promote the waterfront area. This would then be the start of a much needed revitalization of the rest of the city. The New London Development Corporation and other nonprofit corporations planned to bring in Pfizer with hopes of an economic boost. Statement and Discussion of the Legal Issues in Dispute Kelo and other residents are challenging the New London's legal authority in taking their homes. They are questioning if the property meets the requirements as public use within the means of the Taking Clause and the Fifth Amendment. New London's plan is to develop a 90-acre area on the waterfront near the Fort...

Words: 402 - Pages: 2

Case Brief

...Case Brief #1 Name: Thompson v. Clear Springs Foods, Inc., 148 Idaho 697; 228 P.3d 378; 2010 Ida. LEXIS 40 (2010) Facts: Judy Thompson, the claimant, has been an employee for the past 12 years at Clear Spring Food Inc. The company’s regulations state that during her two 15-minute breaks and 30-minute lunch break she must use a time punch card and notify her supervisor if she leaves the facility. During one of her 15-minute breaks Judy decided to go out and move her car “to avoid the risk of not being able to drive up the hill on the country road due to snow.” In the past she had bad experiences with not being able to drive back home after it snowed. However, she didn’t notify her supervisor and failed to punch her time card, despite her good reasoning for moving her car. On her way back to the facility, she slipped and acquired an injury due to hazardous street conditions. According to the supervisor the roads had already been scraped, sanded and clear of snow. Since she didn’t follow company regulations her boss gave her a reprimand that was signed by the manager and Claimant. The claimant still decided to file for compensation claim in order to receive benefits for her injury, but failed due to lack of evidence supporting her claim that her injury was caused by the irresponsibility of the company for having hazardous roads. Issue: The issue to be decided is whether or not the claimant’s injuries are caused by work related problems and if her actions fell......

Words: 443 - Pages: 2

Case Brief

... Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only...

Words: 1396 - Pages: 6

Case Brief

... Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration Judge's denial of her application for political asylum. Agreeing with the findings of the Immigration Judge ("IJ"), the Board found that petitioner did not have a well-founded fear of persecution. ISSUE; Whether or not at the time Ms. Civil filed for asylum was her reason for being fearful of persecution well-founded under the Immigration and Nationality Act, § 208(a)? RULES: 8 U.S.C.A. § 1158 (a): Safe third country; shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining...

Words: 1036 - Pages: 5

Case Brief

...Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY 
CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony. This Petitioner was sentenced to death due to the fact he commit murder in the first degree. The death sentence was agreed upon, his contention rejected, and the mitigating circumstances considering his age, meaning he had a constitutional right to the juvenile justice system. PROCEDURAL HISTORY A societal consensus was gathered that a far smaller number of those convicted under 18 have been sentenced to death than over 18. When the Bill of Rights were written, punishments were considered cruel and unusual, therefore the 8th amendment was added to the constitution, Ford v. Wainwright. Or evolving to make society more decent to prove the maturity, Trop v. Dulles. Petitioners have not mentioned that their punishments would have been considered cruel in the 18th century. With the common-law tradition, at least 281 offenders under 18, and 126 under 17, have been executed in this country. Also, with the cases 488 U.S. 887 (1988) and 487 U.S. 1233 (1988), certiorari was......

Words: 365 - Pages: 2

Case Brief

...Case Brief Rodman v. New Mexico Security Department 764 P.2d 1316 (N.M. 1988). Facts: Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Prior restrictions had been placed on Rodman's conduct due to personal problems adversely impacting upon her place of work. Issue: whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51-1-7 of the Unemployment Compensation Law, NMSA 1978, Sections 51-1-1 to 51-1-54 (Repl.Pamp. 1987). Rule: New Mexico provides that an employee who is determined to have been discharged for "misconduct" is ineligible for unemployment compensation benefits. § 51-1-7(B) Two purposes are served by this statutory bar: first, it prevents the dissipation of funds for other workers; second, it denies benefits to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior that they have given up any reasonable expectation of receiving unemployment benefits. Given the remedial purpose of the statute, and the rule of statutory construction that its provisions are to be interpreted liberally, the statutory term "misconduct" should not be given too broad a definition. Accordingly, in adopting......

Words: 562 - Pages: 3

Case Brief

...INTEROFFICE MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must be 2010 or newer. The format of the brief needs to be like the Bruni case on pages 313 & 314. CITATIONS: DESORMEAUX v. STATE Cite as 362 S.W.3d 233 (Tex.App.-Beaumont 2012). PARTIES: Leo Thomas DESORMEAUX IV, Appellant here, v. The STATE of Texas Appellee here. OBJECTIVES OF PARTIES: The people want to convict and punish defendant for capital murder and injury to a child. Defendant DESORMEAUX wants to appeal the courts decision. THEORIES OF LITIGATION: 1. TRIAL: The People sought to prosecute and punish DESORMEAUX for the conviction and punishment of both crimes in the same trial. (The legal theory that justifies the bringing of both the conviction and punishment is sought in the same trial. The opinion does not list two separate the two crimes, instead they are keeping them combined for one big punishment as opposed to two.) Because DESORMEAUX is appealing the courts ruling, we can assume that the basis and theory of his case is simply that he did......

Words: 693 - Pages: 3

Case Briefs

...Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission Deputy. Mrs. Mitchell filed an appeal to the Appeal Tribunal, and the referee of the Tribunal, reversed the decision of the Unemployment Security Commission Deputy, and her benefits were reinstated. On September 13, 1974, the Good Samaritan Center INC., appealed the decision of the Appeal Tribunal, to the entire Commission pursuant to s 59-9-6(E), N.M.S.A. 1953, and the Appeals Tribunal’s decision was overruled, and Mrs. Mitchell was again disqualified from receiving unemployment benefits. Mrs. Mitchell then asked for and received a review of the Commission’s decision, from the District Court of Bernalillo County, pursuant to s 59-9-6(K), N.M.S.A. 1953. On 01/16/1976, the District Court overturned the Commission’s decision, and Mrs. Mitchell was again reinstated to receive her unemployment benefits. On June 4, 1974, the Petitioner, Mrs. Mitchell, was caught by Center’s director filling in her time sheet, prior to commencing her shift. When questioned about why she was doing...

Words: 1475 - Pages: 6

Computer Information Brief

...Computer Information Systems Brief Kudler Fine Foods is stocked with high end specialty, imported, and domestic products. The specialty foods include fresh meats, produce, packaged foods, bakery goods, cheese, wine, and specialty dairy products. They have invested in and administered the computer system appropriately for business purposes. The company stands out by offering premier goods to their customers in their three gourmet locations. Though each location is money-making, Kudler requires a renovation of the existing computer system to be viable in their niche gourmet food market. A preliminary evaluation of the computer systems, accounting practices and opportunities will be investigated to enhance the company’s accounting system also. Additionally, dangers that they will face if modifications are not completed to the existing system will be tackled. To consider and propose a valuable computer system, it is essential to appraise and make suggestions based on significant accounting procedures and business needs, record of present systems, clarification of business benefits from technology advancements and ascertaining the strengths and weaknesses with possible technology The existing computer information system that Kudler employs is an integral part in supplying data for the profitability of the business. The present computer system is grasped by all employees, is accessible 24 hours a day, seven days a week, and allows the company to thrive in sales. As the company......

Words: 1356 - Pages: 6

Case Brief

...Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many stops- over retail centers. Apart from the sale of food and gasoline, the company has invested a lot in branding and quality customer service. This has increased the customer base of the enterprise. The latest entry being in North Carolina. The retail food outlets use the established brand to attract more consumers. The retail outlets face stiff competition from major supermarkets and established food outlets. However, the strategy in place sees off the competition. Instead of developing many retail units across the country, Quick Trip resorted to establishing retail outlets in densely populated areas across major roads visited by numerous travelers. The outlets were established in major towns and cities providing a huge customer base. Moreover, the prices of the products in the outlets are lower compared to other stores making it a suitable outlet for buying goods. These are just some of the main reason most people prefer Quick Trip as compared to the other major retail......

Words: 483 - Pages: 2

Computer Information Brief for Kudler

...Computer Information System Brief ACC 542 Professor Irene Branum November 7, 2011 Kudler Fine Foods Kudler Fine Foods, an upscale gourmet food store, was founded in 1995 by Kathy Kudler. Their original location started in La Jolla, but recent expansion has allowed them entry into two additional locations, Del Mar and Encinitas. Each location is approximately 8,000 square feet of retail space situated in a fashionable shopping plaza. The Kudler Company offers the highest quality products to its customers in gourmet foods and fine wines. Their merchandise selections, combined with their knowledgeable and accommodating staff, have contributed to Kudler’s reputation for excellent customer service and superior product offerings. This reputation has increased proprietor confidence in their continued success, and has also influenced the potential plans of Kudler to continue their expansion into additional markets (Kudler, 2010). Further expansion will require a detailed analysis of the strengths and weaknesses of Kudler’s operations, their current computer system, and their usage of technology. This brief is to identify if improvements are necessary, or if operations can continue for Kudler on their current and familiar basis. There is also a need to evaluate the current accounting practices and isolate potential weaknesses that may possibly obstruct Kudler’s growth opportunities and expansion objectives. In addition, this brief will help identify threats that Kudler may......

Words: 1230 - Pages: 5

Case Brief

...conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal trials are normally held where the crime was committed, however, the defendant may request a change of venue if they believe that bias where the crime was committed would prevent them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling’s request for a venue change.......

Words: 1487 - Pages: 6

Computer Information System Brief

...Computer Information System Brief University of Phoenix Accounting Information Systems ACC 542 Jan 28, 2012 Computer Information System Brief Kudler Fine Foods a premier gourmet grocery store is considering the best methods to integrate technology into its business operations. Kudler currently has three store locations in southern California and is considering adding a fourth store in Carlsbad (Kudler Fine Foods Virtual Organization, 2011). Currently the organization uses Microsoft Retail Enterprise Management System (REMS), Quick Books, and Microsoft Excel for their software needs and has a system of microcomputers and server at each store. This brief will discuss an analysis of the company’s business and accounting information needs, the strengths, weaknesses, opportunities, and threats of the current computer system and technology use. Business and Accounting Information Uses The organization needs to record sales, transactions, human resources, and inventory data correctly and assist store managers in placing purchases order and efficiently using resources. The inventory system needs to be easily accessible and provide reports that would assist managers in minimizing inventory costs. Kudler needs to “…develop competitive strategies to counter the actions of the competitive forces they confront in the marketplace” (O’Brien & Marakas, 2008, p. 49). For future growth the business needs to explore the information system requirements to start the website......

Words: 1150 - Pages: 5