alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
6.502 Duties and responsibilities. ( a ) Agency and procuring activity advocates for competition are responsible for— ( 1 ) Promoting the acquisition of commercial products and commercial services;
( 2 ) Promoting full and open competition;
( 3 ) Challenging requirements that are not stated in terms of functions to be performed, performance required, or essential physical characteristics;
( 4 ) Challenging barriers to the acquisition of commercial products and commercial services; and
( 5 ) Challenging barriers to full and open competition such as unnecessarily restrictive statements of work, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.
( b ) Agency advocates for competition shall— ( 1 ) Review the contracting operations of the agency and identify and report to the agency senior procurement executive and the chief acquisition officer— ( i ) Opportunities and actions taken to acquire commercial products and commercial services to meet the needs of the agency;
( ii ) Opportunities and actions taken to achieve full and open competition in the contracting operations of the agency;
( iii ) Actions taken to challenge requirements that are not stated in terms of functions to be performed, performance required or essential physical characteristics;
( iv ) Any condition or action that has the effect of unnecessarily restricting the acquisition of commercial products or commercial services or unnecessarily restricting competition in the contract actions of the agency;
( 2 ) Prepare and submit an annual report to the agency senior procurement executive and the chief acquisition officer in accordance with agency procedures, describing— ( i ) Such advocate's activities under this subpart;
( ii ) New initiatives required to increase the acquisition of commercial products and commercial services;
( iii ) New initiatives required to increase competition;
( iv ) New initiatives to ensure requirements are stated in terms of functions to be performed, performance required or essential physical characteristics;
( v ) Any barriers to the acquisition of commercial products, commercial services, or competition that remain;
( vi ) Other ways in which the agency has emphasized the acquisition of commercial products, commercial services, and competition in areas such as acquisition training and research; and
( vii ) Initiatives that ensure task and delivery orders over $1,000,000 issued under multiple award contracts are properly planned, issued, and comply with 8.405 and 16.505.
( 3 ) Recommend goals and plans for increasing competition on a fiscal year basis to the agency senior procurement executive and the chief acquisition officer; and
( 4 ) Recommend to the agency senior procurement executive and the chief acquisition officer a system of personal and organizational accountability for competition, which may include the use of recognition and awards to motivate program managers, contracting officers, and others in authority to promote competition in acquisition.
[60 FR 48236, Sept. 18, 1995, as amended at 67 FR 13053, Mar. 20, 2002; 73 FR 53997, Sept. 17, 2008; 79 FR 24198, Apr. 29, 2014; 86 FR 61020, Nov. 4, 2021]
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#### BUSCH, Respondent, v. REINHEIMER, Appellant.

(Supreme Court, Appellate Division Second Department.

March 2, 1906.)

Actioi by Julius Busch against Henrietta Reinheimer

No opinion. Judgment of the Municipal Couri affirmed, with costs.
The Honorable John C. White 

Commissioner of Agriculture 

State of Texas 

L.B.J. State Office Building 

Austin, Texas 78701 

Opinion NO. H-928 

Re: Method of decreasing 

membership of an agricultural commodity 

producer's board. 

Dear Commissioner White: 

You have requested our opinion regarding whether an 

agricultural commodity board may reduce the number of its 

directorships by resolution of the board. 

Pursuant to article 55c, V.T.C.S., the Texas Turkey 

Producers Board was certified by the Commissioner of 

Agriculture as the "duly delegated and authorized organization 

representative' of the turkey producers of Texas. Sec. 4. 

In accordance with the terms of the statute, the petition 

proposing the Board requested a 15-member board of directors, 

and, at the subsequent election, 15 persons were duly selected 

as directors. Sections 3(b), 10. A substantial decrease in 

the number of turkey producers within the state and the 

resulting difficulty of filling vacancies on the Board, has 

prompted the Board to request your permission to reduce its 

membership. You inquire whether the Board may validly do SO. 

The Texas Turkey Producers Board "is an agency of the 

state for all purposes." V.T.C.S. art. 55c, 5 12. Although 

the Board is empowered "to promulgate and adopt reasonable 

rules and regulations not inconsistent with the purposes of 

this Act," section 14(2), the statute makes no reference to the 

Board's authority to reduce the number of its directors. 

An administrative agency has only those powers which are 

expressly granted to it by statute and those necessarily implied 

therefrom. Stauffer --___ v. City of San 'Antonio, 344 S.W.2d 158, 

160 (Tex. Sup. 1961). We do not believe that the authority 

to reduce its membership can be reasonably inferred from 

P. 3882 
The Honorable John C. White - page 2 (H-928) 

the powers conferred upon the Board by article 55~. We 

have held on numerous occasions that the rules of an 

administrative agency may not enlarge the scope of the 

statute from which it derives its authority. See 3 

Attorney General Opinions H-870 (1976); H-842 (19761, 

H-669 (1975). In our opinion, the Texas Turkey Producers Board 

is without authority to reduce the number of positions on 

its board of directors by resolution of the Board. 

SUMMARY 

An agricultural commodity board is 

not authorized to reduce the number of 

positions on its board of directors by 

resolution of the board. 

V,qy truly yours, 

APPROVED: 

Opinion Committee 

jwb 

P. 3883
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3.104-5 Disqualification. ( a ) *Contacts through agents or other intermediaries.* Employment contacts between the employee and the offeror, that are conducted through agents, or other intermediaries, may require disqualification under 3.104-3(c)(1). These contacts may also require disqualification under other statutes and regulations. (See 3.104-2(b)(2).)
( b ) *Disqualification notice.* In addition to submitting the contact report required by 3.104-3(c)(1), an agency official who must disqualify himself or herself pursuant to 3.104-3(c)(1)(ii) must promptly submit written notice of disqualification from further participation in the procurement to the contracting officer, the source selection authority if other than the contracting officer, and the agency official's immediate supervisor. As a minimum, the notice must— ( 1 ) Identify the procurement;
( 2 ) Describe the nature of the agency official's participation in the procurement and specify the approximate dates or time period of participation; and
( 3 ) Identify the offeror and describe its interest in the procurement.
( c ) *Resumption of participation in a procurement.* ( 1 ) The official must remain disqualified until such time as the agency, at its sole and exclusive discretion, authorizes the official to resume participation in the procurement in accordance with 3.104-3(c)(1)(ii).
( 2 ) After the conditions of 3.104-3(c)(1)(ii)(A) or (B) have been met, the head of the contracting activity (HCA), after consultation with the agency ethics official, may authorize the disqualified official to resume participation in the procurement, or may determine that an additional disqualification period is necessary to protect the integrity of the procurement process. In determining the disqualification period, the HCA must consider any factors that create an appearance that the disqualified official acted without complete impartiality in the procurement. The HCA's reinstatement decision should be in writing.
( 3 ) Government officer or employee must also comply with the provisions of 18 U.S.C. 208 and 5 CFR part 2635 regarding any resumed participation in a procurement matter. Government officer or employee may not be reinstated to participate in a procurement matter affecting the financial interest of someone with whom the individual is seeking employment, unless the individual receives— ( i ) A waiver pursuant to 18 U.S.C. 208(b)(1) or (b)(3); or
( ii ) An authorization in accordance with the requirements of subpart F of 5 CFR part 2635.
[67 FR 13059, Mar. 20, 2002]
* Pursuant to 5 TH C IR . R. 47.5, the Court has determined tha t this opinion

should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED November 12, 2003 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 03-30265

JOY CORTINAS, Individually and on behalf of her minor son, Edward Michael Cortinas Plaintiff - Appellant - Cross Appellee

VERSUS HIGHWAY TRANSPORT, INC., ET AL Defendants HIGHWAY TRANSPORT, INC., LIBERTY MUTUAL INSURANCE COMPANY Defendants - Appellees - Cross Appellants

Appeals from the United States District Court For the Eastern District of Louisiana

00-CV-1661-M

Before KING, Chief Judge, DAVIS and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * After reviewing the record, reading the briefs, and hearing the argument of counsel we are satisfied that the district court correctly dismissed this suit. We, therefore, affirm the judgment of the district court based on the district court’s opinion except that we do not reach the issue of whether the Louisiana Workmen’s2

Compensation Act bars this tort action.
AFFIRMED.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 39 Received in Senate (RDS)]

<DOC>
118th CONGRESS
  1st Session
H. J. RES. 39

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2023

                                Received

_______________________________________________________________________

                            JOINT RESOLUTION

 
Disapproving the rule submitted by the Department of Commerce relating 
    to ``Procedures Covering Suspension of Liquidation, Duties and 
   Estimated Duties in Accord With Presidential Proclamation 10414''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the

              

 Department of Commerce relating to ``Procedures Covering Suspension of 
Liquidation, Duties and Estimated Duties in Accord With Presidential 
Proclamation 10414'' (87 Fed. Reg. 56868), and such rule shall have no 
force or effect.

            Passed the House of Representatives April 28, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
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