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Acquisition of a Foreign Firm

Acquisition of a Foreign Firm

1. As a CEO, you are trying to acquire a foreign firm. The size of your firm will double, and it will become the largest in your industry.  What does your firm do and what does the foreign firm you are trying to acquire do?  Where are the firms based?

My firm offers diverse financial services and it is located in Washington DC. In particular, it provides community banking services, brokerage and retirement services, wholesale banking, credit cards and customer services and internet services. The foreign firm that my firm is trying to acquire on the other hand is based in California and also offers wide ranging financial services to its clientele. In particular, it provides banking services, asset management, investment and corporate banking services and products as well as wealth management. Furthermore, the firm offers security services in three American states; Florida, California and Connecticut.

2. You are very enthusiastic about the opportunity to be a leading captain of industry and the associated power, prestige, and income.  (You expect your salary, bonus, and stock option to double next year).  However, you are troubled by the fact that 70% of mergers and acquisitions (M&As) reportedly fail.  How would you proceed?

Indeed, it can not be disputed that acquisition of a new firm impacts on the organization’s ideologies and practices in different ways. According to Miller (2008), most failures result from a lack of cultural cohesion. In this regard, cultural cohesion is a very important aspect that can make the resultant firm to either succeed or fail because of is influence on talent retention. In this consideration, I would proceed by attaining an in depth understanding of various cultural influences related to disciplines, beliefs and problem resolution strategies as well as practices of the foreign firm. In addition, I will critically analyze the synergies surrounding brands, physical assets and competencies with the aim of incorporating and retaining these in the resultant company. In this respect, Ghughan (2005) indicates that understanding and appreciating the various cultural underpinnings that anchor the preceding aspects is of paramount importance. As such, I would make efforts to understand the cultural aspect that are related to the above structural supports.

Most importantly, I would align my corporate strategy to the acquisition strategy. In particular, my corporate strategy seeks to enhance profits and maintain upward growth and development by providing high quality and diverse products. The main aim of acquiring the new firm is to diversify the service and increase economies of scale. Bridging any gaps between these two strategies would go a long way in enhancing performance and preventing incidences of failure. It would also be important for my firm to redefine its position in the market and work towards attaining its goals and objectives. Brunner (2004) cites that most companies that make acquisitions fail because they become over whelmed by the entire development and loose track of their corporate goals and objectives. Defining the position of my firm in the market after acquisition is a visionary measure that will enable the firm to develop a viable strategic direction. Further, this will prevent incidences of lacing undue emphasis on short term legal and financial issues at the expense of important corporate goals and objectives.

Also, it is worth appreciating that the resultant firm would be bigger and would pursue diverse approaches. It would be important to put in place distinct communication strategies and enhance organizational capacities with respect to human resource management, production, marketing and so forth. Effective communication strategies would ensure free information flow and enhance a learning culture n the organization. In addition, it would prevent communication related conflicts that strain relationships and undermine effective functioning in the work place. Building capacities on the other hand would be instrumental in ensuring quality production of products and services. In this regard, Miller (2008) posits that some companies fail because of various challenge related to organizational leadership and effective communication.

3. What institution-based issues would you encounter? Discuss.

There are various institutional based issues that my firm looks forward to encountering and which would impact in different ways on the performance and general wellbeing of my organization. To begin with, there is a possibility of legal issues especially considering that the firm to be acquired is located in a foreign country. In this regard, it is worth noting that the legal expectations of the California state might slightly differ from those of my home family. Also, the resultant firm is likely to b treated differently by the regulators and law enforcers because of the relative increase in output and assumption of a new status or position in the industry. These can affect production and the firm’s ability to meet goals and objectives. Particular areas of concern include increase in taxes as a result of increase in revenue and so forth.

Then, challenges might also stem from the issue of acceptability by the foreign firm. Acquiring it will have far reaching implications on its work force as they would be required to operate under new rules and regulations. Effectively assuming these can be problematic especially considering that some of their practices and processes differ considerably from those of my firm. Issues pertaining to morality and culture are likely to be problematic because of the varying beliefs and practices. These would directly affect performance as well as managerial behavior that are instrumental in providing guidance to the resultant company. Also, aspects pertaining to the credibility of the business operation are also likely to raise certain concerns. Credibility in this regard is defined in terms of the cohesiveness between organizational practices and corporate strategy, goals and objectives.

Also, the personnel of the acquired firm are likely to experience difficulties in assuming a new culture. In this regard, they would be expected to assume new practices, processes and align their beliefs and perceptions to new organizational goals and objectives. This can negatively impact on the organizational relationships and have far reaching impacts on the productivity of the company. This would occur especially when the respective personnel find it difficult to cope with the new work environment. It might result in loss of personnel that are important in maintaining quality production.

4. What resource-based issues would you face? Describe

There are various resource based issues that the company firm is likely to grapple with. To begin with, there would be need for more financial resources to cater for the increasing costs and expenses. The ability to handle this effectively requires an understanding of financial capability of the company. The company may also experience difficulties in accessing important complementary resources that may be financial, human or materials to maintain optimal production. This as the ability to affect its productivity as well as its capacity to cater for wide ranging processes. Then, the firm is likely to loose important human resources because of the changing work environment and other institutional changes. This can affect the quality of production significantly. The company will be expected to source for other resources to develop capacities of it personnel especially after redefinition of their corporate strategy, goals and objectives. Developing human resources will enable it to maintain quality production especially considering that it looks forward to assuming the top most position in the industry.

5. What are your managerial motives? Explain

There are various managerial motives for the acquisition of the foreign firm. To begin with, the aim of acquiring this firm is to increase my remuneration as the chief executive officer of one of the leading financial services companies in the region. Since the resultant company would assume market leadership, heading it is prestigious and would attract a higher salary package. The salary package will be aligned to the roles and responsibilities that I would be required to perform as a chief executive officer. In addition to salary increment, I look forward to being entitled to various benefits such as paid holidays, increased insurance packages, housing and so forth. This will enhance my quality of life as well as the life of my family. In his research, Ghaughan (2005) indicates that having responsibility in a larger firm attracts higher compensation. In the financial industry, it is widely agreed that most executives set their salaries by comparing with other managers in the industry.

Another motive for acquiring a foreign firm is to enhance my professional status. Compared to being a chief executive officer of a smaller firm, being the chief executive officer of a leading financial firm is more prestigious. In addition to increased compensation, this also attracts relative benefits that stem from mere association with top players in the financial industry. For instance, I would have a higher media attention that would enable me to recognize various opportunities in the industry. Another motive for acquiring this foreign firm pertains to the need to attain more power. Notably, the number of workers under my command would increase significantly. In addition, I would be in charge of more responsibilities. This implies that I would be more powerful and have a greater influence than what I currently have. In this regard, it should be acknowledged that power in the current corporate sphere is greatly determined by the status of an individual in the industry as well as the level of influence and the amount of salary.

Finally, another reason for acquiring the firm pertains to the need for empire building. This is instrumental in enabling me to attain a high degree of job security. According to Miller (2008), larger banking organizations are unlikely to be taken over than their smaller counterparts. Statistical evidence indicates that hostile take over culminate in loss of jobs especially for the management staff. Acquiring the foreign firm would increase my possibility of maintaining my job position as he chief executive officer of the company.

6. Do you possess hubris? Explain your answer

I do not posses hubris that constitutes over optimism in the evaluation of the acquisition. In this regard, I have taken practical measures to analyze the value of the foreign firm to be acquired as well as its performance in the industry. In addition, I have effectively evaluated the financial trends and made credible predictions based on previous as well as current trends. Although I have great faith in my capabilities, I also appreciate my weaknesses and the decision to acquire the foreign firm has not been directly influenced by this. The payment of this acquisition is reflective of an objective evaluation of all the necessary aspects as well as trends in the industry. In essence, the acquisition is driven by a great desire to increase shareholder wealth as opposed to other subjective reasons.

7. How would you ensure the success of your acquisition?

There are various measures that I would take to ensure the success of my firm. To begin with, I would review my corporate goals and objectives and align these to the organizational strategy. This will ensure that my firm focuses on attaining important organizational goals and objectives even after acquiring the foreign firm. Then I would take measures to reconcile any cultural inconsistencies after acquisition. Notably, the firms operate in different environments and are governed be varied regulations. Reconciling any cultural differences is imperatively important in ensuring optimal performance. This would include the need for compromise in order to accommodate any differences that would not significantly impact on performance. Before acquisition, I would objectively evaluate the value of the foreign firm in order to avoid incidences of over valuing that have the ability to affect the overall performance of the firm.

Then, I would analyze the legal aspects of acquisition and align all my practices to these. This will go a long way in preventing negative legal implications that undermine effective performance. Then, I would take timely measures in establishing viable relations with important regulator bodies in order to avoid unnecessary disruptions. Also, I would aim at retaining the human resource and enhancing their capacities through education opportunities as well as training. As compared to hiring other human resources, Brunner (2004) indicates that retaining human resources is less expensive. This is because the retained staff understands the processes and practices of the industry better than the new staff. This implies that fewer resources would be employed for capacity building. Enhancing their capacities on the other hand would aid in improving their performance and aligning these to the required global standards. Then, I would use my influence and power to source for sufficient financial resources from trusted investors to ensure effective and sustainable operation.

References

Brunner, R. (2004). Applied mergers and acquisitions. USA: Wiley

Gaughan, P. (2002). Mergers, acquisitions and corporate restructurings. USA; Wiley

Gaughan, P. (2005). Mergers: What can go wrong and how to prevent it. USA: Wiley

Miller, E. (2008). Mergers and acquisitions: A step-by-step legal and practical guide. USA: Wiley

Acquisition Contract Management

Name

Institution

Course

Due Date

Acquisition Contract Management

Introduction

Acquisition contract management requires the conduct of a market research in order to arrive at the suitable approach to acquiring, dispensing as well as supporting supplies and services. Source selection is a procedure of deciding who acquires the award of a contract action. It can be a simple procedure of discovering the least priced goods, or be a structured procedure of deciding the best value.

Best value in the procurement process refers to an acquisition process, which results in the greatest benefit to a customer in accordance to the specific contract requirements. The attainment of greatest benefit to the customers occurs through the assessment and comparison of certain factors, as well as the offered price. The Best value acquisition process allows flexibility in the selection process through tradeoffs which the agency makes by evaluating the cost and non-cost factors with the intention of awarding the contract to a contractor who will provide the agency the best value of their money.

The source selection procedure entails of a few basic steps that result in an award to the best value offeror. In the private sector, these basic steps are left to the individual owner’s freedom of choice but for the government sector, there are certain procurement rules and regulations that follow throughout the procurement process. However, the basic procurement process framework is similar in both private and government sectors. Below I will discuss the steps followed in the best value source selection.

Discussion of Steps

Step 1

Knowing the customers and their needs

The first step in the best value source selection requires that individual contracting personnel meet with the customer with a view to getting to know the client(s) and understanding their individual needs and requirements. Getting to know the client in this case is essential in that it enables the contracting team to determine the customer’s current needs as given by ongoing contracts as well as any future acquisition requirements of the customer in question.

The process of getting to know the customer and their individual needs increases the contracting team’s knowledge about the organization mission and goals of the prospective customer and also their values, objectives and priorities. The process therefore enables the contracting personnel to provide relevant business advice and support as necessitated by the prevailing business environment as well as the requirements dictated by the contract specifications.

The adoption of best value procedures in this first step creates an enabling environment for the contracting personnel in which they are able to recommend procedures that aim at matching the individual customer requirements to the goals of the organization at the lowest cost possible. Examples of customer requirements in this case include essential physical characteristics of the end product as well as functions to be performed in the course of contract performance.

Step 2

Evaluation criteria

The second step of the best value source selection consists of determining criteria to evaluate the proposed solutions to the customer’s requirements. Evaluation criteria consist of a set of procedures used to determine with certainty any strengths and weaknesses in the proposals submitted by individual offerors, how their approaches facilitate the attainment of specific customer requirements as well as aid in distinguishing the proposals offered by the contractors. These evaluation criteria help in selecting the contractor with the capacity to provide greatest value to the government. Examples of evaluation criteria include such things as cost, quality, the past performance of the contractor, expertise, personnel qualifications among others.

The adoption of best value criteria in this step is highly essential in the overall contracting process as it provides the basis for competitive elimination among contractors in the process of acquisition. Further, it also reduces the work on the part of the customer as regards the selection of the contractor with the capacity to deliver according to the individual contract requirements.

Step 3

Understanding the market or industry capabilities

Market research in the acquisition process is highly essential to the contracting personnel as it provides them with relevant information regarding existing products and services as well as technology relating to the acquisition process. The process also aids the contracting team to determine and evaluate existing market risks, opportunities, threats as well as development capabilities within the specific market that have the potential to affect the acquisition process. It therefore provides the team with the relevant data useful in designing appropriate technical and operational policies with a view to facilitating the delivery of best value to the customer in question. Further, market research enables the contracting personnel to evaluate the potential contractors according to their adaptability to changing market conditions thus aiding the customer in the selection process. The adoption of best value therefore increases the level of competitiveness and efficiency associated with the acquisition process, thus creating an enabling environment for the selection of the best contractor.

Step 4

Understand the business environment

Understanding the business environment during the acquisition process is critical in that it increases awareness on the variety of factors capable of affecting the process of acquisition by the government. It includes an examination of factors within the contractor’s environment as well as those of the customer. Such factors include market conditions, political factors, the legal community, contract clauses, and sources of funding, apparent authority, and steps in the acquisition process as well as the internal organization for contract management among others.

Understanding the business environment enables the contracting team to determine how each of the factors within the business environment will influence the process of acquisition by the government and the contracting party in question. It therefore facilitates the design of possible adaptability measures with the view to increasing the government and contractor’s ability to manage and cope with different scenarios as may be dictated by the business environment. The best value in this case aids the contracting team in selecting the contractor with the ability to meet the individual customer specifications given the potential risks and fluctuations presented in the prevailing business environment.

Step 5

Developing the acquisition plan

Acquisition planning refers to the process of documenting the plan needed to manage the overall acquisition process. It includes a description of the duties and responsibilities of the concerned personnel, as well as the procedure for their individual coordination and integration. The plan indicates milestones affecting the decision making process and also other factors that have the capacity to influence the acquisition process. These include business, market, management, and technical factors among others.

The acquisition plan consists of a statement of background and objectives, and a plan of action for the intended acquisition. The process of acquisition planning establishes criteria for the evaluation of the contracting process, thus enabling the measurement of the overall acquisition process. It also facilitates the implementation of corrective action to eliminate any deviations from the intended course of operation. Best value standards, therefore facilitate the implementation of an acquisition process that meets the individual client specifications and requirements as required.

In conclusion, the process of acquisition contract management is highly essential in determining the success or failure of a specific acquisition process. It involves conforming to a series of steps established with the view to aiding the selection of efficient contractors with the ability to meet individual customer requirements as per contract specifications. Any contracting team should therefore ensure that it invests the relevant time and effort not only needed to guarantee the successful implementation of an acquisition plan, but also ensure that it delivers value to the intended customers.

Acquisition by Seal Bidding

Acquisition by Seal Bidding

Abstract

There have been various methods by which companies buy most of if not whole, of the target company’s ownership stakes so that they may have full control of the firm that they target. Among is the method of seal bidding. The attainment is mostly made as part of the growth strategy of the company whereby it is more profitable to take over the operations of the existing firm and place as compared to increasing on its own. Acquisition can be unfriendly or in a friendly manner. The friendly acquisition is where the firm expresses the agreement to be acquired (Johnson T, 2007). Hostile is a condition in which the target firm does not have the similar agreement from the firm that is targeted and the process of acquisition requires to actively buy large stakes of the company that is targeted so that they may have the majority stakes. At times the company that wants to acquire often offers a premium on the market price of the target shares of the company so that shareholders are enticed to sell. Seal bidding is a method of acquiring that involves the competitive bids and the awards. The bids are unsealed in the public and awards given as well (Paula B. 2009)

Two ways can be used in the acquisition by sealed bidding.

Simplified Acquisition method

Two-step Acquisition method.

However, in acquisition by Sealed Bidding the following conditions have to be met.

a)      The there should be time to allow the solicitation, submission, and the assessment of the sealed bids.

b)      The awards will be prepared on the basis of cost and other factors that are connected to the price.

c)       Conducting discussions with the responding offertory concerning their bids is unnecessary.

d)       There exists reasonable hope of getting more than one sealed offer. With all these conditions, this paper mainly focuses on the procedures that are used acquisition by Sealed Bidding.

In Simplified Acquisition method there are numerous steps that care involved in the acquisition by Sealed Bidding. The steps are (Paula B. 2009);

A) Invitations for bids are prepared. In this, the requirements of the government are described clearly by the invitations they make. The requirements where the numbers of bidders are limited are prohibited.  All the documents are included in the invitation of well prepared potential bidders for the reason of bidding.  These documents are either attached in the invitation or included by the reference. The government should prepare the invitations for the bids and contract using the format below. This should be to the maximum practicable extent. As shown

It should contain the section, and the title.

Part 1, The schedule. There are eight steps taken here.

A Contract form/solicitation. This part contains;

Name, address, and the location here the issuing activity is situated.

The invitation for bids and date of insurance

Specified time for bid reception

The numbers of pages

Requisition or other authorities that would like to make purchases.

Requirements for the bidders to provide their identity.

Statement to be included by the bidders in the bids, and the address through which payments should be made.

B Services and their prices. It entails;

A brief description of the services or the supplies is given here. The description contains national stock number, title etc.

C specifications/ Descriptions

Any other description or the specifications that are needed in addition to the above section (B) to allow complete open and competition.

D Marking and packaging

It gives a provision of packing, making the requirements and preservation.

E Inspection and acceptance

The bids are inspected, acceptance, and the dependability requirements.

F Delivery and performance

Give specifications for the requirements for time, the venue and the method that will be used during the delivery process.

G Contrast administration data

Any accounting and appropriate data that is required and even the contract administration information are included here.

H Unique agreement requirements.

Clear statements of any special contract requirements that are missing out in the section in (I) (contract clause are included here.

 Second part

I Contract clauses

The clauses that the law requires are included here by the contracting officer.

Any other additional clauses that are missing in other areas.

Part three

J List of documents, exhibits and other attachments

The data, the title and the number of the pages care to be listed here.

Part four

K Representations, certificates, and other statement of bidders

Solicitation provisions that need representations, certifications or pr5ovition of other information by bidders are included here. instructions

L Instructions, conditions and notices to bidders

M Evaluation factors for awards

The price related factors that will be considered in the process of are evaluation of bids and contract awarding are identified.

B) The invitations of bids are made public. It then distributed to the respective bidders in order to make them public, they are posted in the open places, and by the use of any suitable means. This is done early enough to enable the bidders to get ready and submit their bids before they publicly open the bids (Johnson T, 2007).

C) Submission of bids takes place here. It is a condition that the bidders should provide the bids that are sealed and only to be opened at the time and the venue stated in the solicitation for the public opening of bids. They are submitted to be received in the office designated in the invitation for the bids. This should be done in time and should not be later than the time set for their openings. If they authorized then, a bid that is telephonic is communicated by telephone call to the designated officer. This shall be given consideration if and only if; the following conditions are met.

The considerations are authorized by the regulations of the agency.

The telegraph officer who got the telephonic bids makes a telephone call.

The designated office is send the telegram that formed the foundation for the telephone call is sent by the telegraph officer who got the telephonic bids.

The telephone call is received early and this should not be later than the time set for bid opening.

The bid in the telegram is similar to the bid that was received from the telephone call made by the telegraph officer.

Suppose all the above conditions are met but the bid is apparently low, the awards may not be made till the telegram is received by the designated officer. The bid is rejected suppose the designated officer does not receive the telegram within five days after it is received. However, some of the bids might be modified or withdrawn. The bids are received and safeguarded. All the bids that are got before the time set for their openings are kept secularly. If their invitations are cancelled, they are returned to the bidders. Precautions are taken to ensure for their safety. In any case there occurs an accident that any bid is opened by the mistake, the envelope is signed by the person who opened it and his/her position written on the envelope and then taken to the designated officer. He then write the reason for the opening on the envelope, the date and time that it was opened and the invitation for the bids number and finally puts his/her sign on the envelope. Before the bids are opened, the information regarding the bids care only made public to the government officials/employees. (Otieno J, 2006). When the bids have been sampled and submitted, enough care is taken to ensure that their discloser is prevented till they re opened in public. The envelopes that look like bids but the bidders cannot be identified are opened just for identification purposes then are returned.

D) Evaluation; this is the assessment that is given to the proposals. The ability to perform the task successfully is determined. There are numerous rating methods that are used in the evaluation process. This might also involve a combination of two or tree evaluation methods. This includes; adjectival rating or color, ordinary ranking and numerical weights. They are evaluated without consultation or discussions. Some bids might be rejected, or their openings postponed. They are evaluated on the basis of price, past performance, technically, cost information, and small business subcontracting.

Price or cost evaluation; the analysis of cost is performed. Te process of evaluation includes the analysis of cost realism to check where the government is able to make payments for the proposed efforts, the offer’s comprehension of the task to be performed, and their ability to perform the task. The information regarding the cost may be provided to the members of the technical evaluation team according to the procedures of the agency.

Evaluation on past performance; this is a clear indication that the company can perform the task successfully if they have a good record of previous performance. How the information is relevant, the origin of the information and data and its content, and the trends in the past performance are the best tool in the evaluation using the past performance.

E) Awards are contracted. Immediately the bids are publicly unsealed, awards are made with logical promptness to that responsible bidder who bid. Conforming to the invitation for the bids is an advantage to the government, giving a consideration to the price and the price-related factors that are incorporated in the invitation. It is dictated that after the bids have been opened, an award must be given to the respective bidder as dictated by the preservation of the integrity unless there is a good reason for the rejection of all the bids and cancel their invitations. The bids that do not conform to the essential requirements of the invitation for bids or the delivery schedule or alternatives that are stated in the invitation are rejected. When all the bids are rejected, the bidders are notified by the officer that all the bids are rejected and the reasons stated there after. This can only be done when they have not been opened or just before awards after they are opened. All the efforts are made to anticipate changes in any bid before the opening date is reached (Otieno J, 2006). This ensures that the bidders vary their bids and also aids in the prevention of unnecessary expose that they might have regarding their prices. All the invitations cannot be canceled fat the point when the bids have been opened. Awards are to be made on the initial invitation and extra quantity to be treated as new acquisition.  

If the bidders have not provided adequate information, then the two-step sealed bidding is used.

The two –step seal bidding

This is a combination of procedures that is designed to obtain the benefits of sealed bidding in cases where when adequate specifications are not provided. The purpose of this is to permit the development of enough descriptive and the unduly restrictive government requirements statements. The following conditions have to be given;

Step one entails the request for, the submission, evaluation process, and the discussion of the technical proposals if necessary (Jackson M, 2009).

The following are contained in the request;

Description of the necessary supplies or services.

Statement of intent to the two –step method

The technical proposal’s requirements.

Ways of evaluation,

The time of proposal receiving, the hour and the date.

Any information that fails to conform to the essentials of the request for the technical proposal is considered as being unacceptable. There may be a progress to the second step by the contracting officer to ensure enough price competition under the second step. The efforts and delay in order to make extra proposals acceptable is not accepted by the government. The contracting officer therefore requests the bidders to give further clarifications regarding their bids. Discussions may be arranged for this purpose. They proceed then to the second step (Lumpur K. 1989).

Second step

It involves the submission of the priced bids that care sealed. This is made by those who successfully submitted their technical proposals as in the first step. The bid that are submitted her are valuated and the awards are given. The procedure of bidding will be followed except that invitation for bids shall;

Be given out only by those offerors who submitted their proposals in the first step.

States that the bidder shall go bas per the specifications and the bidder’s technical proposal.

They are not synopsized through the government point of entry as an opportunity or publicly posted. There is no price that is discussed at this stage. The main reason for step one is to determine whether the services and supplies are acceptable or not as there is a clarification of queries that relate to the technical requirements.

  References;

Paula B. 2009, ‘Federal Acquisition: Key Issues and Guidance’ Management Concepts Publisher,

Otieno J, 2006,’Federal Acquisition Regulations System,’ US Independent Agencies and Commissions

Publisher,

Johnson T, 2007, ‘Government contract law: the desk book for procurement professionals’ American Bar Association Publisher,

Jackson M, 2009,’Methods of acquisition’, Kehata Co publishers.

Lumpur K. 1989,’ Investors’ digest, Issues 2-12′

Kuala Lumpur Stock Exchange Publisher