Legal Aspects of Procurement Management

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This paper examines the legal aspects of procurement management and specifically how procurement management can be used as an effective tool for the overall management of a project. This paper focuses on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects of that pertain to the Federal Acquisition Regulations (FAR). A summation of the company’s position in relation to a given supplier (provided the company decides not to procure all of the material in a contract) will be examined along with how that position is strengthened by understanding the legal aspects of procurement management. Finally, the paper will analyze how the project manager is supported by the contracting management function.

Fleming (2003) posited that there is a clear and important distinction that should be made that delineates the work of the project from the inside work of the company. This work is delineated by the “make work” and the “buy work” of the project. With this delineation comes different way in which legal aspects will be applicable to the project. With “make work” the amount of details required in the statement of work (SOW) is significantly less than that of the “buy work” (Fleming, 2003). Fleming (2003) stated that the tolerance for error is significantly and self-correcting when dealing with “make work” that is kept in house. Conversely, when dealing with “buy work” the SOW should list the entire scope of work in detail. Fleming (2003) posited that when dealing with “buy work” a company should know the full scope of work; furthermore, a company should be able to describe any requirements in detail to the seller. When writing a SOW for “buy work” the buyer should write the...

... middle of paper ...

...ed how the project manager is supported by the contracting management function.

Works Cited

Dobson, M., & Leemann, T. (2010). Creative project management. Retrieved from

http://books.google.com/books?id=YIxQ57bB0bAC&pg=PA130&dq=ISBN9780071739 337&source=gbs_toc_r&cad=4#v=onepage&q&f=false

Fleming, Q. W. (2003). Project procurement management: Contracting, subcontracting, teaming. Tustin, CA: FMC Press.

Guide (2009). A guide to the project management body of knowledge. Newtown Square, Pennsylvania: PMI, Inc.

Schwalbe, K. (2010). Information technology project management. Retrieved from http://books.google.com/books?hl=en&lr=&id=Bq287vpSufQC&oi=fnd&pg=PP8&dq=i mportance+of+procurement+in+project+management&ots=9sYpcfXR1h&sig=p6BubfvI U3FZgjTEGXN0VkhhAMc#v=onepage&q=importance%20of%20procurement%20in% 20project%20management&f=false

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