Insights regarding the contract management features you must be aware of before going for United States Geological Survey Cloud Hosting Solutions contract.
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Invoice or a bill is a list of goods or services provided along with the amount due for payment. If you have a GST Registered business, you need to provide GST-Complaint invoices to your customers for sale of goods and services.
The must have program/project management reporting feature before applying fo...Shane Emerson
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Amendments to the Alberta and British Columbia Insurance ActsNow Dentons
In this presentation, Shelley Miller Q.C. and Jennifer Halloran discuss the Amendments to the Alberta and British Columbia Insurance Acts, effective July 1, 2012.
Topics include:
Revisions of Fire Provisions
Statutory Conditions
Limitation Periods
Full Disclosure Requirements
Proportionate Contributions - s. 28.1(1)
Recovery by Innocent Persons
Subrogation
Relief from Forfeiture; Unjust Provisions
Electronic Communications
Cancellation of Insurance
Dispute Resolution Process
Access to Documents
Court Ordered Advance Payment
Retroactive Effect
Invoice or a bill is a list of goods or services provided along with the amount due for payment. If you have a GST Registered business, you need to provide GST-Complaint invoices to your customers for sale of goods and services.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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3. Cloud Hosting Solutions (CHS) works under the Associate Chief Information
Officer (ACIO). The Office of the Associate Chief Information Officer gives the
basic data management and technology establishment for the USGS science
mission.
CHS gives a cloud-based enterprise climate that supports hosted applications
and an assortment of services to propel the mission of the USGS. CHS gives
cloud hosting administrations accessible through a virtual data center facilitated
by Amazon Web Services (AWS) under the agreement to USGS. Notwithstanding
the virtually unlimited storage and computing abilities of the Cloud, CHS is
building up a cloud-based ecosystem of services including elite computing, data
visualization, sensor processing, Artificial Intelligence/AI, examination, data
storage, and that's only the tip of the iceberg.
The Office of Acquisition and Grants (OAG) is liable for the securing needs of the
U.S. Geographical Survey. To work with USGS, contractors and assistance
recipients should be enrolled in the Government-wide System for Award
Management (SAM).
In the next section, thorough insights will be provided regarding the contract
management features you must be aware of before going for United States
Geological Survey Cloud Hosting Solutions contract.
4. Project Management Features one must
be aware of before going for USGS CHS
Federal Government Contract (USGS
CHS)
5. A. Inspection/Acceptance
The Contractor will only tender for acknowledgment of those items that conform to the
prerequisites of this agreement. The Government claims all authority to assess or test
any provisions or administrations that have been offered for acknowledgment. The
Government may require repair or substitution of nonconforming supplies or
reperformance of nonconforming administrations at no increment in the agreement
price. In the event that repair/replacement or reperformance won't right the
deformities or is not possible, the government may look for a fair value decrease or
satisfactory thought for acknowledgment of nonconforming supplies or
administrations.
The Government should practice its post-acceptance-rights -
(1) Within a sensible time after the defect was found or ought to have been found
(2) Before any substantial change happens in the condition of the item except if the
change is because of the deformity in the item.
B. Assignment
The Contractor or its appointee may allot its privileges to get payment due because of
the performance of this contract to a bank, trust organization, or other financing
institution, including any Federal lending office for understanding with the Assignment
of Claims Act (31 U.S.C.3727). In any case, when an outsider makes the payment, the
contractor may not relegate its privileges to get paid under this agreement.
6. C. Disputes
This agreement is dependent upon 41 U.S.C. section 71, Contract Disputes. Failure of
the parties to this agreement to agree on any solicitation for equitable adjustment,
warranty, appeal, or activity emerging under or identifying with this agreement will be a
dispute to be settled. The Contractor will continue diligently with the performance of
this agreement, pending the final resolution of any debate emerging under the
agreement.
D. Excusable delays
The contractor will be obligated for default except if nonperformance is brought about
by an event past the reasonable control of the contractor and without its fault or
negligence, for example, acts of God or the public enemy, acts of the Government in
either its sovereign or authoritative limit, fires, floods, pestilences, quarantine
limitations, strikes, unusually extreme climate, and deferrals of basic transporters. The
Contractor will notify the Contracting Officer in writing when it is reasonably
conceivable after the initiation of any excusable delay, setting forth the entire gamut of
particulars in association therewith, will remedy such event with all reasonable
dispatch, and will promptly provide written notification to the Contracting Officer of the
cessation of such event.
E. Invoice
(1).The Contractor will present an original receipt and three copies (or electronic
receipt, whenever authorized) to the location assigned in the contract to get invoices.
An invoice should incorporate -
(I) Name and address of the Contractor
(ii) Invoice date and number
(iii) Contract number, detail number, and, if relevant, the order number
7. (iv) Description, quantity, unit of measure, unit cost, and extended cost of the items
delivered.
(v) Shipping number and date of shipment, including the bill of replenishing number
and weight of the shipment, whenever sent on Government bill of filling
(vi) Terms of any markdown for prompt payment, offered
(vii) Name and address of official to whom payment is to be sent
(viii) Name, title, and telephone number of an individual to notify on the occasion of a
defective invoice
(ix) Taxpayer Identification Number (TIN). The Contractor will include its TIN for the
invoice just whenever required somewhere else in this agreement
(x) Electronic finances move (EFT) banking data
(2) Invoices will be taken care of as per the Prompt Payment Act (31 U.S.C. 3903) and
Office of Management and Budget (OMB) prompt payment guidelines.
F. Patent indemnity
The Contractor will repay the Government and its officials, representatives, and
specialists against risk, including costs, for genuine or alleged immediate or
contributory infringement of, or instigation to infringe, any United States or foreign
patent, trademark or copyright, emerging out of the performance of this agreement,
provided the contractor is sensibly informed of such cases and procedures.
G. Payment
(1) Items acknowledged: Payment will be made for items acknowledged by the
Government that has been delivered to the delivery destinations set out in this
agreement.
(2) Prompt Payment: The Government will make payment as per the Prompt Payment
Act and prompt payment guidelines.
8. (3) Rebate/Discount: Regarding any rebate offered for early payment, time will be
computed from the date of the invoice. To figure the discount earned, payment will be
considered to have been made on the date which shows up on the payment check or
the predetermined payment date if an electronic fund transfer payment is made.
H. Risk of lossnity
Except if the contract explicitly gives in any case, risk of misfortune or loss to the
provisions furnished under this agreement will stay with the Contractor until and will
pass to the Government upon
(1) Delivery of the supplies to a transporter, if transportation is f.o.b. origin
(2) Delivery of the supplies to the Government at the destination determined in the
agreement, if transportation is f.o.b. destination.
I. Warranty
The Contractor warrants and infers that the items conveyed hereunder are
merchantable and fit for use for the specific reason depicted in this agreement.
J. Limitation of limitation
Besides as in any case given by an express warranty, the Contractor won't be obligated
to the Government for consequential damages coming about because of any deformity
or deficiencies in acknowledged things
9. K. Other compliances
The Contractor will conform to all appropriate Federal, State, and nearby laws, leader
requests, rules, and guidelines pertinent to its exhibition under this agreement.
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USGS CHS awardees)
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