Contractual Requirements Research Articles

Laws Governing Identity Systems (v2)

Identity systems and their participants are governed by a myriad and complex set of laws, regulations, and contractual requirements. This article offers a high-level overview of the legal environment that governs identity systems, focusing on three different levels of legal rules: General Law, Generic Identity System Law, and Individual Identity System Rules.

Investigating the causes preventing the fulfillment of construction contract requirements

PurposeConstruction contractors in Palestine, as in many other developing countries, suffer from many problems. One of their main problems is their inability to meet contractual requirements, such as completing projects within time, at the agreed cost and to the desired quality. Therefore, this paper aims to investigate the causes of the non-fulfillment of contractual requirements in three different types of projects: building, road and electro-mechanical projects.Design/methodology/approachTwo methods were adopted to collect the data – qualitative and quantitative. In total, 65 causes were identified from the literature and qualitative semi-structured interviews with professional experts. These causes were classified into five categories: managerial, financial, contractor capabilities, regulations and laws and political. In the quantitative approach, a questionnaire was developed and then distributed to 50 professional experts: 20 building experts, 15 road experts and 15 experts in electro-mechanical projects. A five-point Likert scale was used to assess the importance, from the perspective of the subject matter experts, of the causes that had been identified. About 35 responses, which represent a combined response rate of 70%, were received. The quantitative data were analyzed using descriptive statistics, with the mean, standard deviation and degree of importance for each of the identified causes being determined, and the SPSS software platform used to rank them.FindingsThe results reveal that the most important reasons why contractors did not fulfill their contractual requirements in building projects were that contracts were awarded to the contractor offering the lowest price, and the profit margin was low because of intense competition among contractors. In road projects, the most important causes were the poor estimation of the equipment required and a lack of standardized conditions in the construction sector, while in electro-mechanical projects, the most important causes were the inability of the contractor to estimate the cost of the project accurately because of unclear bid documents and a lack of contractor capital.Originality/valueThe results of this study will be useful to stakeholders and Palestinian contractor unions. They can be disseminated to give guidance so that contractors can avoid these problems in future construction projects and enhance their compliance with contractual requirements. Moreover, knowing about these causes may lead to the reduction of conflicts and disputes between contractual parties (owners and contractors), which in turn will be reflected in the work quality and reputation of contractors.

Main Problems of Cooperation Management: Insights from Slovak Companies

The paper deals with the topic of the cooperation management in the Slovak business environment. We closely investigated the cooperation relations among the companies from 2012 to 2015. The major findings related to problems which impede effective cooperation, creation of synergies, and competitive advantages. As specific problems, we identified inefficient and insufficient cooperation among educational institutions and companies; low quality of supplier-customer relationships; potential risks and issues that may occur later on in cooperation; unsuitable approach to setting goals, tools, and methods for effective cooperation; etc. We also identified main criteria considering the importance for an effective and beneficial cooperation: mutual trust, adherence to contractual requirements, and benefit from the cooperation, which were defined as the best possible result with respect to the expectations about the cooperation. We focus exactly on these criteria in the discussion (among others), where we use them as a basis for the recommendations which will prevent the identified problems.

Airline-Imposed Vaccination Requirement for Air Travel: Considerations from a German Perspective

Since the start of vaccination against Covid-19 there is an ongoing debate on privileges for people that achieved immunity either by vaccination or a recovery from Covid itself. With the beginning of the vaccination process, airlines and their associations have been addressing the need of immunity passes for travel. Linking the possibility to travel with receiving a vaccination beforehand could be considered a forced vaccination through the back door of private business. This article aims to shed light on the specific scenario the aviation industry is facing from a legal perspective. Despite its focus on German and European law in particular, most of the considerations will be applicable in other jurisdictions as well. It becomes obvious that a contractual requirement to receive a vaccination before being allowed to fly is resulting in a variety of concerns from competition and anti-discrimination law perspectives to moral considerations of contracting. Virtually all aspects discussed in this article relate back to the fundamental rights position of travellers and airlines. By weighing the rights affected, it is concluded to be legal for airlines to require their passengers to receive a vaccination against Covid-19. air travel, revival strategies, covid, fundamental rights, vaccination

An appraisal of local content requirements in the Iranian oil and gas industry

Leading countries in the petroleum industry strive to maximize their benefits from exploring, developing, and producing oil and gas by setting out various policies and requirements such as local content. Iran, like many other oil and gas-producing countries, has legal and contractual local content requirements. However, the lack of transparent and integrated regulatory and contractual frameworks and fixed threshold applied for all types and life cycle of fields and operations are considered as concerns and challenges of local content policies in Iran. Determining metrics to measure local content is another issue that is not clarified as required in legal and contractual requirements. Establishing a constructive local content policy in Iran requires the active integration of factors such as actual improvements in local service or product and labor productivity. Transparent legislative and regulatory frameworks, robust performance planning, monitoring, and control mechanisms, along with precise metrics for measurement of local content, are indispensable prerequisites for realizing local content policies. The characteristics of operations and the need to implement new technologies must also be considered to design an appropriate policy. Moreover, the development of integrated approaches and congruent laws and regulations could facilitate and accelerate the achievement of development goals.

The Marine Salvage Industry: Proven in Preventing Oil Spills

Abstract The marine salvage industry plays a vital role in protecting the marine environment. Governments, industry and the public, worldwide, now place environmental protection as the driving objective, second only to the safety of life, during a marine casualty response operation. Recognizing over 20 years after the passage of the Oil Pollution Act of 1990 that the effectiveness of mechanical on-water oil recovery remains at only about 10 to 25 percent while the international salvage industry annually prevents over a million tons of pollutants from reaching the world's oceans, ten years ago the United States began implementing a series of comprehensive salvage and marine firefighting regulations in an effort to improve the nation's environmental protection regime. These regulations specify desired response timeframes for emergency salvage services, contractual requirements, and criteria for evaluating the adequacy of a salvage and marine firefighting service provider. In addition to this effort to prevent surface oil spills, in 2016, the U.S. Coast Guard also recognized the salvage industries advancements in removing oil from sunken ships and recovering submerged pollutants, issuing Oil Spill Removal Organization (OSRO) classification standards for companies that have the capabilities to effectively respond to non-floating oils. Ten years after the implementation of the U.S. salvage and marine firefighting regulatory framework, this paper will review the implementation of the U.S. salvage and marine firefighting regulations and non-floating oil detection and recovery requirements; analyze the impacts and effectiveness of these new policies; and present several case studies and recommendations to further enhance salvage and oil spill response effectiveness.

Electrical Safety and Stray Current Protection With Platform Screen Doors in DC Rapid Transit

Modern transit systems are equipped with platform screen doors (PSDs) that represent a new element introduced in electrical safety and stray current protection scenarios. Passengers may interact with PSDs and platforms while boarding, leaving, and waiting for trains. Typical contractual requirements and applicable standards are discussed, identifying touch voltage scenarios suitably defining electrical circuits and parameters. The dc voltage limits are at all clear and unambiguous in the range of relevant touch voltage values. The evaluation of exposure is, thus, carried out with the help of body impedance and body current models. Solutions are then discussed for the protection of PSDs and passengers, including stray current limitations as a constraint. A novel PSD bonding arrangement is proposed, which reconciles insulation for utmost electrical safety level and bonding for traction fault protection.

Correction to: Magnetic damped links to reduce internal seismic pounding in base‑isolated buildings

This erratum is published as to include the missing OA funding note inorder to fulfil contractual requirement of the Compact agreement.

Evidence Evaluation Process and Management of Potential Conflicts of Interest: 2020 International Consensus on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Science With Treatment Recommendations.

Evidence Evaluation Process and Management of Potential Conflicts of Interest: 2020 International Consensus on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Science With Treatment Recommendations.

The Role and Characteristics of Hybrid Approaches to Project Management in the Development of Technology-Based Products and Services

There is a trend of combining agile and traditional project management practices for technology-based product and service development in the search for more agility. Although there are, in the literature, hybrid models that propose combinations of traditional and agile approaches, there are no studies that discuss the impact of the adoption of this approach in organizations in practice. Consequently, guidance on the selection of the most appropriate project management approach has remained largely theoretical, rather than based on companies’ experiences. The objective of this research is to analyze how organizations that develop technology-based products and services apply hybrid approaches to project management, their characteristics, advantages, and disadvantages, conducting a literature review and multiple case studies as research methods. Results reveal that hybrid approaches to project management are currently fundamental for companies in order to deal with distinct organizational cultures, specific processes, customer contractual requirements, and project specificities. This study also led to a consolidated list of the characteristics of hybrid approaches to project management.

Incorporators, Early Investors, and Learners: a longitudinal study of organizational adaptation during EBP implementation and sustainment

BackgroundThe majority of literature on evidence-based practice (EBP) adaptation focuses on changes to clinical practices without explicitly addressing how organizations must adapt to accommodate a new EBP. This study explores the process of organizational—rather than EBP—adaptation during implementation and sustainment. To the authors’ knowledge, there are no previous implementation studies that focus on organizational adaptation in this way.MethodsThis analysis utilizes a case study approach to examine longitudinal qualitative data from 17 community-based organizations (CBOs) in one state and seven county-based child welfare systems. The CBOs had sustained a child-neglect intervention EBP (SafeCare®) for 2 to 10 years. The unit of analysis was the organization, and each CBO represented a case. Organizational-level profiles were created to describe the organizational adaptation process.ResultsThree organizational-level adaptation profiles were identified as follows: incorporators (n = 7), early investors (n = 6), and learners (n = 4). Incorporators adapted by integrating SafeCare into existing operations to meet contractual or EBP fidelity requirements. Early Investors made substantial organizational adaptations during the early implementation period, then operated relatively consistently as the EBP became embedded in the organization and service system. Learners were characterized by steady and continuous attention to new ways that the organization could adapt to support the EBP.ConclusionThe profiles demonstrated that there can be multiple effective paths to EBP sustainment. Organizational adaptation was calibrated to fit a CBO’s operations (e.g., size of the program) and immediate environmental constraints (e.g., funding levels). Additionally, organizations fulfilled different functional roles in the network of entities involved in EBP implementation. Knowing organizational roles and adaptation profiles can guide implementation planning and help to structure contract designs that bridge the outer (system) and inner (organizational) contexts. Adaptation profiles can also inform the intensity of the implementation strategy tailoring process and the way that strategies are marketed to organizations.

Experimental towing tank tests on high speed displacement ship

In the preliminary ship design stage certain methods are needed in order to predict the hydrodynamic resistance of the ship. An accurate estimation is important in order to ensure fulfilment of contractual requirements and minimize the costs of building and operating the ship and to design an eco-efficient ship. Eco-efficiency is getting increasingly important these days because of the increasing legislative requirements for a cleaner and greener shipping industry. The improvement of resistance and performance of high-speed mono-hull forms has been of interest for Naval Architect in the past decades. In consequence, a considerable amount of effort has been carried out in this area by using different devices to reduce the fuel consumption. The accurate evaluation of ship performance is mainly based on towing tank tests followed by extrapolation methods and correlation factors. The present work focuses on the reduction of ship resistance of a fast displacement ship using an interceptor. Towing tank tests has been performed for Froude numbers between 0.23 and 0.69 to evaluate the ship resistance, the pitch and the heave of the ship. In order to reduce the ship resistance, but also the amplitude of the ship motions, an interceptor has been mounted on the hull transom. Finally, comparative analysis revealed that the interceptor can reduce the ship resistance up to 14% mainly for the Froude numbers higher than 0.4. The model tests have been carried out at Galati University Towing Tank.

"They've got to be testing and doing something about it": Farmer and veterinarian views on drivers for Johne’s disease control in dairy herds in England

There needs to be an understanding of the reasons why key stakeholders engage in disease control efforts if disease is to be successfully and sustainably controlled. It is increasingly recognised within veterinary epidemiology and policy making in animal health that these ‘people factors’ are important influences on the success or otherwise of animal disease control programmes. Research methodologies adopted from the social sciences offer ways to understand this important dimension through investigating the attitudes and opinions of the key actors involved. The study reported in this paper, based on qualitative interview research, investigates the views of dairy farmers and cattle veterinarians on the drivers and incentives for controlling Johne’s disease in English dairy herds. Twenty semi-structured interviews involving 17 dairy farmers and seven veterinarians were conducted in two dairy-intensive regions of England. The findings demonstrate the varied influences of veterinary advice and encouragement; appreciation of the economic cost of the disease at herd level; a voluntary national control plan; and fear of a future consumer food scare as the main reasons to engage in Johne’s disease control on dairy farms. The study demonstrates how a combination of a voluntary industry-led control scheme, compulsory participation through retailer and processor contractual requirements, and threats of reputational harm and market loss have strongly influenced farmer and veterinary behaviour in relation to Johne’s control without statutory involvement. The findings illustrate the importance of considering the political economy and societal impact of animal disease.

GP views on the routine identification of older people living with frailty in primary care.

To meet the challenges of an ageing population, the updated 2017/18 NHS GP contract requires primary care providers to use evidence-based frailty identification tools to risk-stratify all patients aged >65 years. Those patients flagged as moderately or severely frail should be clinically reviewed and if severe frailty is confirmed, providers have been asked to consider offering relevant interventions, with the overall aim of enabling these patients to live well for longer. However, there is limited knowledge about how this frailty contractual requirement is being operationalised in primary care. To improve understanding of the barriers and facilitators GPs encounter when routinely identifying, risk-stratifying and providing interventions for people living with frailty in primary care. This was a two-part study: an initial survey via online questionnaire, with participants selected by maximum variation sampling to be followed up with a semi-structured telephone interview. All GPs working in the East Midlands region (Derbyshire, Leicestershire, Lincolnshire, Nottinghamshire, and Northamptonshire) were eligible to take part. The online questionnaire was analysed using descriptive statistics. Interview transcripts were analysed using framework analysis to identify key themes. In total, 188 GPs responded to the survey. Eighteen GPs were interviewed. Four themes were identified: 1) beliefs about stratification and pro-active identification of frailty; 2) frailty stratification tools; 3) managing complexity, resources and models of care; and 4) drivers of GP behaviour. The study findings will inform the further development of NHS England policy on the frailty contractual requirement for primary care providers.

GP home visits: essential patient care or disposable relic?

The GP home visit has long been regarded as an integral element of NHS general practice that is needed to support both proactive and reactive care to patients in the community.1,2 There are increasing numbers of people living with multimorbidity and frailty, many of whom have complex healthcare needs and limited levels of social support. Now with the new challenges around providing care at home due to the COVID-19 pandemic, it could be argued that home visits or virtual consultations with patients in their homes are set to become a more essential element of general practice, including in the provision of acute care out of hours. Consulting with patients in their homes provides unique opportunities to develop insights into how illness affects their lives. However, with workloads in NHS primary care rising, and increasing pressures on the GP workforce, the place of home visits in core general practice provision is facing increasing challenge. The requirements of the current GP General Medical Services (GMS) contract in relation to home visiting are broad.3 The contract is not prescriptive about who should visit or where the visit should take place, and states that the decision to visit is dependent on the opinion and agreement of the GP contractor. In November 2019, the Local Medical Committee (LMC) conference debated the current contractual requirements and a motion was narrowly passed to instruct the General Practitioners Committee (GPC) (the negotiating arm of the British Medical …

Spatial variability of karst and effect on tunnel lining and water inflow. A probabilistic approach

Probabilistic methods can provide more insight and facilitate rationalized risk allocation when used in the framework of geotechnical baseline reports (GBR) by assessing the influence of a spatially variable distribution of cavities to tunnelling projects. A novel, probabilistic approach of the spatial distribution of karstic cavities is presented to assess both the risk of liner instabilities and water inflow when tunneling or mining through karstified rock masses. The presented research work is based on the following geotechnical baseline statement: “There is a 10% probability of encountering a sediment-filled cavity, with a maximum size of 2 m3”, which was assumed to be correct for the analysis. A Matlab script generates a random distribution of karst cavities, modelled as a circular shape, which is transferred into FEM 2D and 3D numerical analysis. The measured variables are: (a) the total discharge velocity (TDV) and (b) the index for capacity utilization of linings in tunnels (CULT-I), which act as a measure for liner stability assessment and water inflow rates, respectively. The approach can provide added value when used as a probability density function, in assessing the risk of a certain threshold to be reached, such as liner failure or a 50% increase in TDV values from baseline conditions. The model is most useful when analysed in 3D because the entire length of the tunnel alignment can be simulated. However, the approach is limited by the disproportional (to the anticipated results) computational effort required of analysing a 3D mesh and is restricted in applicability to the baseline statement assumption. The methodology presented provides a framework for further investigations that can be applied to the contractual requirements and specifications of a project and to varying baseline statements in order to to assess the risk from karst cavities to tunnelling works.

Multi-point Analysis of Economic, Environmental, Static and Dynamic Dispatching of an Energy Mix in the Presence of STATCOM by the U-NSGA-III Genetic Algorithm

In an energy environment with multiple production sources, operators are generally confronted with the optimal choice of sources which minimizes polluting gas emissions, losses and marginal production costs while meeting the contractual requirements for maintaining voltage in the ranges required. The present work consisted of optimizing an energy mix in the presence of multi-STATCOM in an interconnected network. Indeed, the (DEE) is a concrete real time problem in electrical energy production systems. This paper shows the impact of STATCOM on static DEE (DEES) and on dynamic DEE (DEED) using the modern genetic algorithm of type U-NSGA-III, which is based on non-dominance sorting. The optimal positioning of two STATCOMs in the application network associated with dynamic dispatching has contributed to the reduction of the total production cost, toxic gas emissions, active losses and then to the improvement of the voltage profiles and the transit of power in the branches. It is observed that the combination of DEED with the optimal positioning of FACTS in an interconnected network constitutes an efficient technico-ecological means to act in the direction of reduction on the triplet consisting of (gas emissions, losses, production cost). The relevance of the results obtained compared to the real case of operating the CEB's interconnected network, justifies the performance of the algorithmic tools developed in the context of this work.

The role of research ethics committees in South Africa when human biological materials are transferred between institutions

The role of health research ethics committees (RECs) has evolved dramatically over the past few decades. Novel and specialised research, multicentre trials across borders and commercially sponsored research, coupled with a huge increase in the number and complexity of research protocols, and capacity and resource constraints on the part of RECs, have led to serious breaches regarding the protection of human participants. Research involving the exchange or cross-border transfer of human biological materials (HBMs) requires specialised legal and ethical knowledge relating to multiple governance frameworks. RECs may be required to monitor compliance not only with contractual requirements, but also the national laws and national ethical guidelines and standards of selected jurisdictions, not to mention adherence to international regulatory instruments governing biomedical research generally, and the conditions for the collection and use of HBMs specifically. The South African (SA) legislator’s decision to make RECs signatories to the prescribed material transfer agreement (MTA) template is a first step in the right direction, reinforcing the role and responsibilities of RECs, and their duty of care towards human participants in research. In addition, there has to be a transformation of the general mindset, towards accepting ethical principles within legal documents, particularly legal documents that involve the REC and create binding provisions that have a direct impact on participants. It is time that African views and participant protections are respected and accepted with the same vigour commanded by the Western world. In this article, the role of RECs in general is considered, prior to focusing on their responsibilities with respect to HBM transfer. The ethico-regulatory framework for REC functioning is discussed both from global and national perspectives. Also deliberated is the critical role that RECs play in reviewing health research proposals when HBMs are transferred between institutions, and the REC as a party to the SA national MTA template.

The role of research ethics committees in South Africa when human biological materials are transferred between institutions

The role of health research ethics committees (RECs) has evolved dramatically over the past few decades. Novel and specialised research, multicentre trials across borders and commercially sponsored research, coupled with a huge increase in the number and complexity of research protocols, and capacity and resource constraints on the part of RECs, have led to serious breaches regarding the protection of human participants. Research involving the exchange or cross-border transfer of human biological materials (HBMs) requires specialised legal and ethical knowledge relating to multiple governance frameworks. RECs may be required to monitor compliance not only with contractual requirements, but also the national laws and national ethical guidelines and standards of selected jurisdictions, not to mention adherence to international regulatory instruments governing biomedical research generally, and the conditions for the collection and use of HBMs specifically. The South African (SA) legislator’s decision to make RECs signatories to the prescribed material transfer agreement (MTA) template is a first step in the right direction, reinforcing the role and responsibilities of RECs, and their duty of care towards human participants in research. In addition, there has to be a transformation of the general mindset, towards accepting ethical principles within legal documents, particularly legal documents that involve the REC and create binding provisions that have a direct impact on participants. It is time that African views and participant protections are respected and accepted with the same vigour commanded by the Western world. In this article, the role of RECs in general is considered, prior to focusing on their responsibilities with respect to HBM transfer. The ethico-regulatory framework for REC functioning is discussed both from global and national perspectives. Also deliberated is the critical role that RECs play in reviewing health research proposals when HBMs are transferred between institutions, and the REC as a party to the SA national MTA template.

Advanced Work Packaging in capital projects: a standardized model for EPC Contractors

The international context in which the major EPC Contractors operate is going through a period of profound transformation. The increasing complexity of the plants, the increasing costs of labor, the increasingly binding contractual requirements, have forced companies around the world to adapt to these market laws and raise the level of competitiveness through targeted business strategies. The main EP&C realities, national leader in the Oil & Gas sector, are constantly moving towards new process management techniques. The following work fits into this context by analyzing and deepening the process of breaking down the scope of work into the so-called Work Packages according to the Advanced Work Packaging methodology. AWP envisages a prioritization of the work, initially agreed between the various disciplines, with the ultimate aim of increasing performance in terms of time, cost, quality and alignment of the three macro-phases: Engineering, Procurement and Construction. After a thorough research on the previous bibliography, we analyzed the current process of management and decomposition of the scope of work. The result is an AWP application model, which, through modifications to the current management processes, provides a quantitative calculation tool to assess the amount of construction work related to a plant. The proposal is also extended to the engineering and procurement phase. This completely standardized process has a general validity and has been demonstrated through the application of two main projects. In the final part, the procedure was extended to all the types of systems made by Tecnimont, further demonstrating the extreme versatility of the methodology.