alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
32.1001 Policy. ( a ) Performance-based payments are the preferred Government financing method when the contracting officer finds them practical, and the contractor agrees to their use.
( b ) Performance-based payments are contract financing payments that are not payment for accepted items.
( c ) Performance-based payments are fully recoverable, in the same manner as progress payments, in the event of default.
( d ) Performance-based payments are contract financing payments and, therefore, are not subject to the interest-penalty provisions of prompt payment (see Subpart 32.9). These payments shall be made in accordance with agency policy.
( e ) Performance-based payments shall not be used for— ( 1 ) Payments under cost-reimbursement line items;
( 2 ) Contracts for architect-engineer services or construction, or for shipbuilding or ship conversion, alteration, or repair, when the contracts provide for progress payments based upon a percentage or stage of completion; or
( 3 ) Contracts awarded through sealed bid procedures.
[72 FR 73220, Dec. 26, 2007]
##### 



Exhibit 31.3 PRINCIPAL OPERATING OFFICER CERTIFICATION
PURSUANT TO SECTION 302 OF
THE SARBANES-OXLEY ACT OF 2002 I, Kirby J. Taylor, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Champion
Industries, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this
report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of
the registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and we have:  a)
    
    designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; andc)
    
    disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in
the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal
control over financial reporting; and  5.
    
    The registrants other certifying officers and I have disclosed, based on
our most recent evaluation of internal control over financial reporting,
to the registrants auditors and the audit committee of the registrants
board of directors (or persons performing the equivalent functions):  a)
    
    all significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to
record, process, summarize and report financial information; andb)
    
    any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants
internal control over financial reporting. Date: September 10, 2004 /s/ Kirby J. Taylor 
 Kirby J. Taylor
President & Chief Operating Officer
#### 509.306 Solicitation requirements.

The clauses at FAR 52.209-3 and 52.209-4 do not cover all the solicitation requirements described in FAR 9.306. If a solicitation contains a testing and approval requirement, the contracting officer must address the requirements in FAR 9.306(d) and (f) through (j) in the solicitation's Section H, special contract requirements.

[74 FR 12732, Mar. 25, 2009]
EXHIBIT 32.2

                      Statement of Chief Financial Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Henry P. Herms,  the Vice  President - Finance  and Chief  Financial  Officer of
CopyTele, Inc., hereby certifies that:

1.   The  Company's  Form 10-K/A Annual Report for the fiscal year ended October
     31, 2004 (the  "Report")  fully complies with the  requirements  of Section
     13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and results of operations of the Company.


                                        /s/ Henry P. Herms
                                       --------------------------------
                                            Henry P. Herms
                                            Vice President - Finance and
January 18, 2005                            Chief Financial Officer
#### 46.701 [Reserved]
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