alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 52.242-3 Penalties for Unallowable Costs.

As prescribed in 42.709-7, use the following clause:

# Penalties for Unallowable Costs (DEC 2022)

(a) *Definition. Proposal,* as used in this clause, means either—

(1) A final indirect cost rate proposal submitted by the Contractor after the expiration of its fiscal year which—

(i) Relates to any payment made on the basis of billing rates; or

(ii) Will be used in negotiating the final contract price; or

(2) The final statement of costs incurred and estimated to be incurred under the Incentive Price Revision clause (if applicable), which is used to establish the final contract price.

(b) Contractors which include unallowable indirect costs in a proposal may be subject to penalties. The penalties are prescribed in 10 U.S.C. 3748 or 41 U.S.C. chapter 43, as applicable, which is implemented in section 42.709 of the Federal Acquisition Regulation (FAR).

(c) The Contractor shall not include in any proposal any cost that is unallowable, as defined in subpart 2.1 of the FAR, or an executive agency supplement to the FAR.

(d) If the Contracting Officer determines that a cost submitted by the Contractor in its proposal is expressly unallowable under a cost principle in the FAR, or an executive agency supplement to the FAR, that defines the allowability of specific selected costs, the Contractor shall be assessed a penalty equal to—

(1) The amount of the disallowed cost allocated to this contract; plus

(2) Simple interest, to be computed—

(i) On the amount the Contractor was paid (whether as a progress or billing payment) in excess of the amount to which the Contractor was entitled; and

(ii) Using the applicable rate effective for each six-month interval prescribed by the Secretary of the Treasury pursuant to Pub. L. 92-41 (85 Stat. 97).

(e) If the Contracting Officer determines that a cost submitted by the Contractor in its proposal includes a cost previously determined to be unallowable for that Contractor, then the Contractor will be assessed a penalty in an amount equal to two times the amount of the disallowed cost allocated to this contract.

(f) Determinations under paragraphs (d) and (e) of this clause are final decisions within the meaning of 41 U.S.C. chapter 71, Contract Disputes).

(g) Pursuant to the criteria in FAR 42.709-6, the Contracting Officer may waive the penalties in paragraph (d) or (e) of this clause.

(h) Payment by the Contractor of any penalty assessed under this clause does not constitute repayment to the Government of any unallowable cost which has been paid by the Government to the Contractor.

(End of clause)

[60 FR 42659, Aug. 16, 1995, as amended at 66 FR 2135, Jan. 10, 2001; 79 FR 24224, Apr. 29, 2014; 86 FR 44255, Aug. 11, 2021; 87 FR 73902, Dec. 1, 2022]
##### 



Exhibit 99.1
Certification pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 
Marshall T. Reynolds

EXHIBIT 99.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Champion Industries, Inc. (the
Company) on Form 10-Q for the period ending April 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Marshall T. Reynolds, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, that:

(1)          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 as
of and for the periods presented.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.

| |                                                                        
| | -----------------------------------------------------------------------
| | /s/ Marshall T. Reynolds

Marshall T. Reynolds, Chief Executive Officer

Date: June 12, 2003
**Exhibit32.a**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report ofCinergy Corp., The Cincinnati Gas & Electric Company, PSI Energy, Inc. andThe Union Light, Heat and Power Company (the “Companies”) on Form 10-Q for theperiod ending June 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, James E. Rogers, ChiefExecutive Officer of the Companies, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of myknowledge and belief, that:

 

(1) The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operations of theCompanies.

 

Date: August 4, 2004

 
| /s/ James E. Rogers     |   |
|-------------------------|--------|
| James E. Rogers         |
| Chief Executive Officer |

 

----
Exhibit 31.1

            PRINCIPAL EXECUTIVE OFFICER CERTIFICATION

I, John W. Peters, certify that:

1.  I have reviewed this annual report on Form 10-KSB of Suncrest Global
Energy Corp.;

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
statement made, in light of the circumstances under which 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 small
business issuer as of, and for, the periods presented in this report.

4.  The small business issuer's other certifying officer(s) 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
small business issuer and 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 small business issuer,
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 small business issuer'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; and

    (c) Disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5.  The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of small business issuer's board of directors (or persons performing
the equivalent function):

    (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 small business issuer's ability to record,
process, summarize and report financial information; and

    (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.


                                  /s/ John W. Peters
Date: September 23, 2004          ____________________________________________
                                  John W. Peters, Principal Executive Officer
EXHIBIT 15






November 12, 2001





Ohio Edison Company
76 South Main Street
Akron, OH  44308

Gentlemen:

We are aware that Ohio Edison Company has incorporated by reference in its
Registration Statements No. 33-49135, No. 33-49259, No. 33-49413,
No. 33-51139, No. 333-01489 and No. 333-05277 its Form 10-Q for the
quarter ended September 30, 2001, which includes our report dated November
12, 2001 covering the unaudited interim financial information contained
therein. Pursuant to Regulation C of the Securities Act of 1933, that
report is not considered a part of the registration statements prepared or
certified by our firm or a report prepared or certified by our firm within
the meaning of Sections 7 and 11 of the Act.

                                    Very truly yours,





                                    ARTHUR ANDERSEN LLP




                                  54


<PAGE>
#### 7.502 Applicability.

The requirements of this subpart apply to all contracts for services. This subpart does not apply to services obtained through either personnel appointments, advisory committees, or personal services contracts issued under statutory authority.
|   | **Exhibit 32.2** |
|--------|------------------|

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THTE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report of AmBase Corporation (the “Company”) on Form 10-Q for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John P. Ferrara, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley            Act of 2002, that to my knowledge:

 

(1) 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 result of operations of the Company.

 

Date: August 4, 2009

|   | /s/ John P. Ferrara |
|--------|---------------------|

|   | John P. FerraraVice President and |
|--------|-----------------------------------|

|   | Chief Financial Officer |
|--------|-------------------------|

|   | AmBase Corporation |
|--------|--------------------|
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            -           Registered Apprenticeship      

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            -           PPRER015028      

# PPRER015028

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N/ADid not meet the review eligibility criteria
#### 552.270-14 Changes.

As prescribed in 570.703, insert the following clause:

# Changes (JUN 2011)

(a) The Contracting Officer may at any time, by written order, make changes within the general scope of this lease in any one or more of the following:

(1) Specifications (including drawings and designs).

(2) Work or services.

(3) Facilities or space layout.

(4) Amount of space, provided the Lessor consents to the change.

(b) If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under this lease, whether or not changed by the order, the Contracting Officer shall modify this lease to provide for one or more of the following:

(1) A modification of the delivery date.

(2) An equitable adjustment in the rental rate.

(3) A lump sum equitable adjustment.

(4) An equitable adjustment of the annual operating costs per ABOA square foot specified in this lease.

(c) The Lessor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. The Lessor's failure to assert its right for adjustment within the time frame specified herein shall be a waiver of the Lessor's right to an adjustment under this paragraph. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause excuses the lessor from proceeding with the change as directed.

(d) Absent such written change order, the Government is not liable to Lessor under this clause.

(End of clause)

[64 FR 37229, July 9, 1999, as amended at 76 FR 30846, May 27, 2011]
Exhibit 10.17


 


LOAN CONTRACT 


 


(Contract
No. :  [●])


 


Borrower: Zhejiang Zhengkang Industrial
Co. Ltd


 


Loaner: China Zheshang Bank Co., Ltd,
Wenzhou Branch


 


		I.	Loan purpose:



 


The purpose of this loan is for purchase
of goods.


 


		II.	Loan Amount:



 


Currency: RMB.


 


Amount:
¥[●]


 


		III.	Loan period:



 


The
loan period starts from the [●],
and the maturity date is [●].


 


		IV.	Loan interest rate, interest calculation and interest
settlement:



 


		1.	Loan interest rate is calculated pursuant to No. [ 2 ]



 


		1)	Fluctuated rate: the basic loan interest rated published by People’s Bank of PRC for the same loan period on the date
of actual withdrawal plus or minus [ ]%, and every [ ] months will be a fluctuation period.



 


		2)	Fixed rate: the annual loan interest rate is [●]%.



 


		2.	Loan Interest shall be settled quarterly.
The [●]th
of last month of every month would be the interest settlement date. 



 


		V.	Repayment of Loan Principal



 


		1.	If
Borrower repays the loan prior to the maturity date, the loan interest shall be the interest specified in this contract plus [●]%.



 


		2.	If
Borrower does not repay the principal loan on time, Borrower shall pay the penalty interest which will be increased [●]%
of the loan interest under this contract upon the due day.



 




    	 	1	 



     


    

 


		3.	If
Borrower uses this loan in violation of the purpose of this agreement, the penalty interest will be increased [●]%
of the loan interest under this contract upon the due day shall pay all the loan when the loan period is due.



 


		VI.	Guarantee



 


		1.	The guarantee type for performance of this contract is
guarantee.



 


		2.	The
following company or individual guarantee the repayment to Loaner by Borrower a.
[●]



 


Miscellaneous:


 


		1.	Any disputes arising from the performance of the contract shall be submitted to the court located
in the place where Loaner resides.



 


		2.	This contract shall come into force upon execution by the authorized person(s) of each party or
stamped by both parties.



 


		3.	This contract is written in 2 copies with each party holding on copy, and each copy has same legal
effect.



 


Borrower: Zhejiang Zhengkang Industrial
Co. Ltd


 


Loaner: China Zheshang Bank Co., Ltd


 


Execution
time: [●]


 




    	 	2
#### Syracuse Supply Company, Respondent-Appellant, v. State of New York, Appellant-Respondent.

(Claim No. 35606.)

Judgment unanimously affirmed, with costs to claimant. (Cross appeals from judgment of Court of Claims for claimant on a claim for damages resulting from the permanent appropriation of realty.) Present — Williams, P. J., Bastow, Goldman, McCIusky and Henry, JJ.
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819.7010 Tiered set-aside evaluation. ( a ) Pursuant to the authority of 38 U.S.C. 8127 and under limited circumstances as set forth in this section, contracting officers may consider using a tiered set-aside evaluation approach to minimize delays in the re-solicitation process.
( b ) Tiered evaluation of offers is a procedure that may be used in competitive negotiated acquisitions, including construction and acquisitions for commercial products and commercial services when the VA Rule of Two (see 802.101) determination indicates a set-aside is required, but other circumstances preclude a confident conclusion that an award can be made at the SDVOSB or VOSB tier. The contracting officer— ( 1 ) Solicits and receives offers from targeted tiers of small business groups, with SDVOSB as the first tier and VOSB as the second tier;
( 2 ) Establishes a tiered order of priority for evaluating offers that is specified in the solicitation; and
( 3 ) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.
( c ) Market research, which shall be conducted and documented in advance of issuing the solicitation, will inform which of the following types of tiers will be included in the solicitation: ( 1 ) Tiered evaluations limited to SDVOSBs or VOSBs;
( 2 ) Tiered evaluations including 8(a) and HUBZone small businesses; or
( 3 ) Tiered evaluations including all other small business concerns.
( d ) The tiered order of priority shall be consistent with 819.7005. Consideration shall be given to HUBZone and 8(a) small business concerns before evaluating offers from other small business concerns.