alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
22.1310 Solicitation provision and contract

clauses.

(a)

(1) Insert the clause at 52.222-35, Equal Opportunity for Veterans, in solicitations and contracts if

the expected value is $150,000 or more, except when-

(i) Work is performed outside the United States by employees recruited outside the United States; or

(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor,

has waived, in accordance with 22.1305(a), or the head of the agency has waived, in accordance

with 22.1305(b), all of the terms of the clause.

(2) If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor,

or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic

clause with its Alternate I.

(b) Insert the clause at 52.222-37, Employment Reports on Veterans, in solicitations and contracts

containing the clause at 52.222-35, Equal Opportunity for Veterans.

(c) Insert the provision at 52.222-38, Compliance with Veterans’ Employment Reporting

Requirements, in solicitations when it is anticipated the contract award will exceed the simplified

acquisition threshold and the contract is not for acquisition of commercial products or commercial

services.

Parent topic: Subpart 22.13 - Equal Opportunity for Veterans
52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.       As prescribed in 28.309(b), insert the following clause:          Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984)                                       (a) 						            This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C.1651, *etseq*.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers’ compensation insurance coverage.                                          (b) 						            This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C.1701, *etseq*.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; *e.g.,* the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers’ compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.                                 (End of clause)    **Parent topic:** 52.228 [Reserved]
# 27.407 Rights to technical data in successful proposals.

The clause at 52.227-23, Rights to Proposal *Data* (Technical), allows the Government to acquire *unlimited rights* to *technical data* in successful proposals. Pursuant to the clause, the prospective contractor is afforded the opportunity to specifically identify pages containing *technical data* to be excluded from the grant of *unlimited rights*. This exclusion is not dispositive of the protective status of the *data*, but any excluded *technical data*, as well as any commercial and financial information contained in the proposal, will remain subject to the policies in subpart  15.2 or 15.6 (or agency supplements) relating to proposal information (*e.g.*, will be used for evaluation purposes only). If there is a need to have access to any of the excluded *technical data* during contract performance, consideration *should* be given to acquiring the *data* with *limited rights*, if they so qualify, in accordance with 27.404-2(c).

**Parent topic:**Subpart 27.4 - Rights in Data and Copyrights
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Reported in Senate (RS)]

                                                        Calendar No. 45
109th CONGRESS
  1st Session
                                 S. 244

                          [Report No. 109-32]

     To extend the deadline for commencement of construction of a 
             hydroelectric project in the State of Wyoming.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2005

  Mr. Thomas introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             March 10, 2005

              Reported by Mr. Domenici, without amendment

_______________________________________________________________________

                                 A BILL

 
     To extend the deadline for commencement of construction of a 
             hydroelectric project in the State of Wyoming.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF TIME FOR THE FEDERAL ENERGY REGULATORY 
              COMMISSION HYDROELECTRIC PROJECT.

    Notwithstanding the time period specified in section 13 of the 
Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 1651, the 
Commission may, at the request of the licensee for the project, and 
after reasonable notice, in accordance with the good faith, due 
diligence, and public interest requirements of that section and the 
Commission's procedures under that section, extend the time period 
during which the licensee is required to commence the construction of 
the project for 3 consecutive 2-year periods from the date of the 
expiration of the extension originally issued by the Commission.
                                                        Calendar No. 45

109th CONGRESS

  1st Session

                                 S. 244

                          [Report No. 109-32]

_______________________________________________________________________

                                 A BILL

     To extend the deadline for commencement of construction of a 
             hydroelectric project in the State of Wyoming.

_______________________________________________________________________

                             March 10, 2005

                       Reported without amendment
```
#### In the Matter of the Claim of David Kirchner, Respondent, v Park Edge Supermarkets, Inc., et al., Appellants. Workers’ Compensation Board, Respondent.

Appeal from a decision of the Workers’ Compensation Board, filed May 9, 1979. Claimant was 18 years old when he injured his right hand in the course of his employment on November 19, 1977. By a notice of decision filed May 24, 1978, an Administrative Law Judge found that accident, notice and causal relation had been established and determined claimant’s average weekly wage to be $108.75. However, no moneys were paid to claimant at that time because he was totally disabled less than seven days (Workers’ Compensation Law, § 12) and the case was continued for a final adjustment examination. Thereafter, in a notice of decision filed December 14, 1978, claimant was found by another Administrative Law Judge to have a permanent partial disability for which a schedule award of *7Vi%*for the loss of use of his right hand was directed. In making the award, the Judge considered claimaint’s wage expectancy (Workers’ Compensation Law, § 14, subd 5) and fixed his average weekly wage at $160. The employer and its carrier appeal from the board’s affirmance of that decision. Prior to August 7, 1978, wage expectancy could be considered in arriving at an average weekly wage figure only when the claimant was under the age of 18 when injured (Workers’ Compensation Law, § 14, subd 5; § 2, subd 14). However, the Legislature on that date passed an amendment permitting consideration of wage expectancy whenever the claimant was less than 25 years old when injured (L 1978, ch 730, § 1). It is well established that the concept of future wage expectancy, when applicable, is only relevant to awards for permanent partial disability and not those for temporary total disability *(Matter of Hilbert v Preferred Plating Co.,*36 AD2d 77). The Administrative Law Judge who initially handled the claim continued the case after determining that claimant was not totally disabled for the requisite period needed to qualify for benefits. Then, before an award could be made for any permanent partial disability, the statute was amended allowing wage expectancy consideration for claimants under 25 years of age. The amendment was to "take effect immediately [Aug. 7, 1978] and shall be applicable to any awards made on or after such effective date” (L 1978, ch 730, §2). The second Administrative Law Judge acted pursuant to this *917change when, in his decision of December 14, 1978, he recomputed claimant’s average weekly wage at $160 based on his wage expectancy. We, therefore, do not feel that it was error for the second Administrative Law Judge to consider claimant’s future wage expectancy, and the board’s decision upholding that determination must be affirmed. Decision affirmed, without costs. Mahoney, P. J., Greenblott, Main, Mikoll and Casey, JJ., concur.
#### § 621.44 Special studies.

As designated, NRCS represents USDA on special study groups such as for the Colorado River Basin Salinity Control Program Studies.
26.104 Contract clause.       Contracting officers in civilian agencies may insert the clause at 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, in solicitations and contracts if-                                       (a) 						            In the opinion of the contracting officer, subcontracting possibilities exist for Indian organizations or Indian-owned economic enterprises; and                                          (b) 						            Funds are available for any increased costs as described in paragraph (b)(2) of the clause at 52.226-1.    **Parent topic:** Subpart 26.1 - Indian Incentive Program
#### § 52.19 Issuance of corrected certificates.

A corrected inspection certificate may be issued by the inspector who issued the original certificate after distribution of a certificate if errors, such as incorrect dates, code marks, grade statements, lot or car numbers, container sizes, net or drained weights, quantities, or errors in any other pertinent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspection certificate which was issued in error and the superseded certificate shall become null and void after the issuance of the corrected certificate.
52.228-10 Vehicular and General Public

Liability Insurance.

As prescribed in 28.313(b), insert a clause substantially the same as the following in solicitations

and contracts for transportation or for transportation-related services when the contracting officer

determines that vehicular liability or general public liability insurance required by law is not

sufficient:

Vehicular and General Public Liability Insurance (Apr 1984)

(a) The Contractor, at the Contractor’s expense, agrees to maintain, during the continuance of this

contract, vehicular liability and general public liability insurance with limits of liability for-

(1) Bodily injury of not less than $______ for each person and $______ for each occurrence; and

(2) Property damage of not less than $______ for each accident and $______ in the aggregate.

(b) The Contractor also agrees to maintain workers’ compensation and other legally required

insurance with respect to the Contractor’s own employees and agents.

(End of clause)

Parent topic: 52.228 [Reserved]
#### § 52.1856 Sizes of zante currant raisins.

Size designations are not applicable to Zante Currant Raisins.
#### Howard Alan ZOCHLINSKI, Plaintiff—Appellant, v. UNIVERSITY OF CA; et al., Defendants—Appellees.

No. 05-17152.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 13, 2007.*

Filed Aug. 21, 2007.

*419Howard Alan Zochlinski, Davis, CA, pro se.

Gregory Fox, Esq., The Waterfront Building, San Francisco, CA, for Defendants-Appellees.

Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Therefore, appellant's request for oral argument is denied.

MEMORANDUM **

Howard Alan Zochlinski appeals pro se from the district court’s judgment denying his motion to remand his case to California state court, and dismissing his action against the University of California, and a number of the University’s departments, faculty, and staff, for failure to comply with Fed.R.Civ.P. 8(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a motion to remand. *Hall v. N. Am. Van Lines, Inc.,*476 F.3d 683, 686 (9th Cir.2007). We review the dismissal for abuse of discretion. *Bautista v. Los Angeles County,*216 F.3d 837, 841 (9th Cir.2000). We affirm.

The district court properly denied as untimely Zochlinski’s motion to remand based on an untimely removal, because it was filed more than 100 days after defendants’ notice of removal. *See*28 U.S.C. § 1447(c) (“A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal____”); *Maniar v. F.D.I.C.,*979 F.2d 782, 785-86 (9th Cir. 1992) (holding that the district court is bound by the 30-day limit).

The district court also properly determined that Zochlinski’s complaint was not a “short and plain statement” of his claims for relief. *See*Fed.R.Civ.P. 8(a)(2). Rather, the complaint was “prolix in evidentiary detail, yet without ... clarity as to whom [Zochlinski] [was] suing for what wrongs.” *McHenry v. Renne,*84 F.3d 1172, 1180 (9th Cir.1996).

*420Zochlinski’s remaining contentions lack merit.

We deny all pending motions.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 1:02-cr-00043-MP-AK

DEMETRIUS GERMAINE KENNEDY,

Defendant.

________________________________/

O R D E R

This matter is before the Court on Doc. 418, Report and Recommendation of the

Magistrate Judge, which recommends that Defendant’s Amended Motion to Vacate, Doc. 368,

be denied. The Magistrate Judge filed the Report and Recommendation on Tuesday, April 8,

2008. The parties have been furnished a copy of the Report and have been afforded an

opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), this

Court must make a de novo review of those portions to which an objection has been made.

In his Motion to Vacate, Defendant raises eighteen grounds for relief, the majority of

which allege that his trial counsel was ineffective. After thoroughly reviewing each allegation,

the Magistrate concludes that none of Defendant’s claims has merit, and recommends that the

amended motion to vacate be denied. Defendant has filed a premature motion for a certificate

of appealability, which the Court construes as objections to the Magistrate’s Report. In his

objections, Defendant argues that the Magistrate failed to consider properly his claim that

counsel was ineffective in failing to object to the calculation of drug amounts, the converging of

powder cocaine into crack cocaine, and failing to raise an Apprendi argument at sentencing. 

The Magistrate points out that trial counsel did in fact object to the drug quantities at

sentencing, and raised the issue on appeal. The Eleventh Circuit rejected the argument, and

Case 1:02-cr-00043-MP-GRJ Document 423 Filed 04/30/08 Page 1 of 2
Page 2 of 2

Case No: 1:02-cr-00043-MP-AK

Defendant has failed to show either deficient performance from counsel, or any resulting

prejudice. Furthermore, since the Government offered sufficient proof at trial that the drugs

involved in the conspiracy were in fact crack cocaine, the Court agrees with the Magistrate that

counsel was not ineffective by failing to lodge frivolous objections on this ground. Finally, the

Court agrees with the Magistrate that since a jury found Defendant responsible for more than 50

grams of crack cocaine, no Apprendi violation occurred. Nothing in Apprendi prevents the

Court from considering relevant conduct of the co-conspirators in assessing a defendant’s overall

offense level.

Therefore, having considered the Report and Recommendation, and the objections

thereto, I have determined that it should be adopted. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and

incorporated herein.

2. Defendant’s Amended Motion to Vacate, Doc. 368, is DENIED.

DONE AND ORDERED this 30th day of April, 2008

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:02-cr-00043-MP-GRJ Document 423 Filed 04/30/08 Page 2 of 2
§ 70.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks, or other identification and devices for making such marks or identifications, issued or authorized under section 203 of said Act, and certain misrepresentations concerning the grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed in this section shall have the respective meaning specified: ( a ) *Official certificate* means any form of certification, either written or printed, used under this part to certify with respect to the sampling, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).
( b ) *Official memorandum* means any initial record of findings made by an authorized person in the process of grading or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.
( c ) *Official mark* means the grade-mark and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product or affixed to or printed on the packaging material of any product, stating that the product was graded or indicating the appropriate U.S. grade or condition of the product, or for maintaining the identity of products graded under this part, including but not limited to, those marks set forth in § 70.51.
( d ) *Official identification* means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label, or seal indicating that the product has been officially graded and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.
( e ) *Official device* means a stamping 0, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.
[41 FR 23681, June 11, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42011, July 24, 2006]
Botanical Coloring Book 

Inspired by the plant collections and gardens

of the United States Botanic Garden
shelter, clothing, spices, cosmetics, fuel, and even the oxygen we breathe. 

It would be hard to live without the plants in this room. Plants give us food, GARDEN COURT
climates where summers are hot and dry, and winters are cool and wet. 

These plants thrive in the five regions of the world with Mediterranean MEDITERRANEAN
three outer sepals, three inner petals, and a central column with male and female parts. 

Orchid flowers come in every color of the rainbow, but they all have a similar make up: ORCHIDS
years. About half of prescription drugs originally came from plants or fungi. 

Traditional healers have used plants to treat illness and injury for thousands of MEDICINAL PLANTS
Some also grow long, sharp spines to keep thirsty animals away. 

Many desert plants have thick stems or fleshy leaves that store water. WORLD DESERTS
have been endangered or lost to development, invasive species, and roaming livestock. 

A unique collection of native plants has evolved on the remote Hawaiian Islands. Many HAWAII
Living descendants of many of those ancient plants survive today and are featured in this room. 

Jurassic dinosaurs roamed among ferns, horsetails, cycads, and conifers millions of years ago. GARDEN PRIMEVAL
on insects. Others grow without roots in the ground. Several have beneficial relationships with ants. 

Many of these plants have amazing adaptations to the places where they live and evolved. Some prey PLANT ADAPTATIONS
trees form a canopy above the forest that can reach as tall as a 10–story building. 

Tropical rainforests have more plant species than any other habitat on earth. Their tall THE TROPICS
region including redbud, serviceberry, sweetgum, holly, and switchgrass. 

In this outdoor garden, you will see plants native to our local Mid-Atlantic REGIONAL GARDEN
summers. It also features plants that attract beneficial insects to help protect the roses. 

This garden is planted with roses that resist diseases and flourish in Washington’s hot, humid ROSE GARDEN
bog, shrubs and trees with edible fruits, and many different native trees, grasses, and ferns. 

This showcase for sustainable gardening practices includes a kitchen garden, a carnivorous plant BARTHOLDI PARK
United States Botanic Garden Campus
United States Botanic Garden Conservatory
www.USBG.gov