need a response to 5 post

need a response to 5 post,

 

Contract Management & Law

 

 

Purchasing & Vendor Management

 

JosephLahn

Joseph Lahn

YesterdayDec 3 at 9:31pm

Class,

To explore the concept of outsourcing IT to India or other countries we have to break it down into three main categories first. The first category is the capability. This category will hover globalization and how connectivity and lines of communication have brought the capability to us. The next category we must look at is cost over product, this is the reality that in the USA we are pricing our selves out of menial and remedial tasks, with that we have begun pricing our selves out of more difficult tasks and purposes. The final category we have to look at is capability, this is a simple realization that all our automation may be the end of the outsourcing.

Businesses are not good or inherently evil, they will act in the way that best fits the solution for the cheapest cost with the most yield. By outsourcing our IT, service centers and call centers most businesses were able to extend hours, cut cost and increase capabilities. This is a simple decision. As time went on the natural flow was for India to grow and develop with this or lose the contracts at the next big innovation. Schools in India saw this and put focus on STEM. However in revising years a growing change in automated systems that require less IT and a different approach is adjusting the field again. Where will the next sourced IT specialist come from or will India stay the dominant force?

Next we have to look at cost. Understanding that here in the United States businesses that develop or create software, hardware or solutions, will charge a premium. Some of these companies also outsource their produces. If it is not specified in the contract your made in America software supply tracing program may not be made in America.

China and Korea have been an up and coming force in the world of IT for the last several years. Though South Korea has not eclipsed India in service their level of new product development is staggering. China on the other hand is currently facing a lot of international backlash for their loose interpretations of copyright laws and how the country goes about respecting them.

I expect as technology grows and our neighbors come closer we will see more and more outsourcing moving closer and closer to a global community of business and supply. The future is an interesting place to imagine, I wonder what it will be like to live there. The Article was an excellent read.

reference:

Luthra, V. (2007). India & the Extended IT Enterprise. Inside Supply Mangment, 18(2), 26.

Amanda Lucha

Unit 7- Case Studies

Include in your post, an answer to the following question: Do you believe in the reasoning for outsourcing provided in the text or do you believe there is another reason behind the popular concept?

The article gives two main reasons companies have outsourced information technology (IT) services to India. First, they have a continuous challenge to reduce costs to stay competitive. The less strategic work has already been largely done offshore, and there are not enough savings left in these areas for some multinationals. Second, Indian companies have geared up to serve the entire IT services value chain, including the consult, design, build, operate, and maintain elements of technology. (Luthra, 2007, para. 2)

Considering if their reasons are acceptable for outsourcing, my first thought was that these two reasons are contradictory in themselves. How can a company choose to outsource to India to reduce cost, buy selecting the “best” option for the job? The article says that “The industry growth is fueling the expansion of thought leadership. And Indian companies are now attracting the top talent including the expatriate staff from leading U.S.-based competitors to move back to India.” (Luthra, 2007, para. 3) The article suggests that India’s IT outsourcing’s growth is due to their knowledge and not solely based on the fact that they are competitively priced under the competition.

Overall I do not believe companies are outsourcing because India is growing in its capabilities. The security risks to India are high, and the laws in India differ significantly from the US. There are also many cultural hurdles that a company has to overcome to utilize India IT and time zone differences, and language bearers. The considerable growth means there are many companies to choose from. This means time and money to find a reputable company with an infrastructure capable of staying up with a US company’s demand.

Outsourcing to India to save money does not guarantee a company saves money.

Referenced

Gilmanov, A. (2020, February 27). Pros and Cons of outsourcing to India and other “low cost” destinations. Retrieved December 04, 2020, from https://tms-outsource.com/blog/posts/outsourcing-to-india/

Luthra, V. (2007). India & the Extended IT Enterprise. Inside Supply Management, 18(2), 26……..

Kenneth Sams

I have my biases when it comes to IT solutions being offshored. while I believe companies have the best intentions and the right to offshore, I also believe the company is mostly concerned with cost reduction. I believe the end-user is the one that matters the most, also the one that suffers the most. While it is possible for this strategic high-value approach to work, I don’t believe it is the best solution especially when companies from the U.S. that are multinational take business overseas given these jobs and opportunities to foreign subsidiaries. leaving the American customer and the American worker out to dry without good customer service or potential jobs.

The fact that these companies have less of an idea of how their own IT solutions and IT software work gives me concern for what the end product is offering to the customer. On the other end, all the checks and balances that have been put into place should flag any inconsistencies in services that are rendered to anyone using the companies IT Enterprise services provided by the Indian IT. Using my past experience as one of these end-users, on multiple occasions I ran into issues where I try to explain the IT issue, that I was experiencing. Instead of a person having first-hand knowledge of how to solve my IT issue, I end up receiving rewritten responses to solve my IT problem. Meaning, they basically read off a booklet of proposed resolutions to an already resolved issue, that may or may not have any relationship to the current issue the user is currently experiencing. While it is great to be able to problem solve an issue, it is very time-consuming to go over steps that are irrelevant or have already been covered beforehand. In my experience, these IT Reps aren’t IT experts, if you call it that. They really don’t listen to the issue versus, type in the problem that you’re having and wait for the computer to spit out recommendations to solve the issue concerning the call. While this is just my opinion of how I have run into issues. The fact that they have various checks and balances in place to cover costs volume and strategies leads me to believe that they have run across some of these issues as well is it cost-effective or is it just cheaper to operate overseas. The idea that the Indian IT suppliers offer a better cost, seems like a great idea, but at the same time to what experience and result will it have the customer.

The supply management vision is good, I understand that they are planning to make sure that the visions for value in the Indian IT supplier can expand the enterprise for this company. But at the same time, it is going to take a lot of in-depth understanding of the supplier’s current and future enterprise. Would this be better done here in the United States? I do believe it would be the case, we have a vast IT infrastructure here in the United States. Especially in silicon valley in California which has now spread across the United States, with many companies being leaders in IT solutions. Sourcing strategies focusing on the relationship, relying heavily on flexibility, scalability for the supplier these factors to me don’t really play a factor in any IT solutions. While IT is great, don’t believe that relationships are going to be built on IT solutions alone. The relationships were sourcing and strategies is going to be more along the lines of the supply management vision and how they cooperate with their partners. IT solution for me would be more of a consumer-driven result.

Unit 7: Discussion Contract Management and Law 2 response

D P

3. How are cyber contracts and written contracts similar? How are they different?

Cyber and written contracts have the same elements required for an agreement to be legally enforced, such as mutual assent, consideration, capacity, and legality. A cyber contract may have the same legal effect as a paper contract as long as the involving parties agree to conduct business electronically. Of course, these are all under the E-Sign Act. Still, some documents are not protected by the act, such as court records, eviction or foreclosure notices, health insurance cancellations, prenuptial contracts, and divorce papers (Brown & Sukys, 2013, p. 285). 

5. What are the four exceptions for contracts for sale of goods exceeding $600 [$500]?

There are four exceptions to the general rule of written sales contract exceeding $500; this also includes the lease of goods if the total payments exceed $1,000. The following exceptions are:

 (1) An oral confirmation between two merchants. Due note, within this exception, if either merchant receives a written confirmation of the oral agreement in a reasonable time and the other party does not object within 10 days of the writing, the written confirmation is valid under the UCC even if the other party doesn’t sign it. It is important to note that this only applies to agreements between merchants to merchants and not merchants to consumers (Brown & Sukys, 2013, p. 284).

(2) Manufactured special goods. For example, if I requested 500 shirts with an image of my face and refused to take the orders, the court will enforce the oral agreement. The oral agreement is enforceable because the goods are specially manufactured for the buyer and cannot be sold to others in the seller’s ordinary operation of business (Brown & Sukys, 2013, p.284).

(3) Admissions in court. If contract enforcement is filed against the defendant party and that party admits to establishing an oral contract for the sale of goods, then that contract will be enforceable (Brown & Sukys, 2013, p.285).

(4) Executed contracts. When both parties satisfactorily fulfilled their promise within the contract, the court will not require an agreement in writing. In contrast, writing is only required if the contacts are executory or other words have not yet been performed. However, if part of the contract has been performed, the court will only enforce the agreement that was performed (Brown & Sukys, 2013, p.285). 

Reference:

Brown, G. W., & Sukys, P. A. (2013). Business Law with UCC Applications (13th ed.). New York, NY: McGraw-Hill Education, pp. 284-285

MS

1. What are goods?

Goods are defined as tangible property that can be moved like dishes, cell phones, and shoes (Brown, Sukys, p 277). That means that a parcel of land would not be considered as goods. Apple trees are not considered as goods but the apples picked from the tree would be goods if they were sold in a grocery store or on a road side produce stand. Future goods are goods that don’t even exist yet (Brown, Sukys, p 278). The apple tree doesn’t always hold fruit so the next season’s crop would be future goods.

Reference

Brown, G. W., & Sukys, P. (2013). Business Law: With UCC Applications (Thirteenth ed.). New York, NY: McGraw-Hill/Irwin

 

4. When does the UCC attach to the sale of goods?

The UCC, or Uniform Commercial Code,  attaches to the sales of goods when it is a sale between two parties, private or merchants, whether it’s in person, auction, or online (Brown, Sukys, p 278). The sales contract can be mixed with services but UCC will only apply when the contract has a larger percentage of goods being sold than services. The UCC will even attach to the lease of goods under the same circumstances. The sale or lease of goods needs to be made in good faith and merchants need to have a firm offer (Brown, Sukys, p 280).

Reference
Brown, G. W., & Sukys, P. (2013). Business Law: With UCC Applications (Thirteenth ed.). New York, NY: McGraw-Hill/Irwin