alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUBCHAPTER H - CLAUSES AND FORMS

PART 452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

PART 453 - FORMS

PART 452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 452.2 - Texts of Provisions and Clauses

452.204-70 Inquiries.

452.211-70 Brand Name or Equal.

452.211-71 Equal Products Offered.

452.211-72 Statement of Work/Specifications.

452.211-73 Attachments to Statement of Work/Specifications.

452.211-74 Period of Performance.

452.211-75 Effective Period of the Contract.

452.214-70 Award by Lot.

452.215-71 Instructions for the Preparation of Technical and Business Proposals.

452.215-72 Amendments to Proposals.

452.215-73 Post Award Conference.

452.216-70 Award Fee.

452.216-71 Base Fee and Award Fee Proposal.

452.216-72 Evaluation Quantities - Indefinite-Delivery Contract.

452.216-73 Minimum and Maximum Contract Amounts.

452.216-74 Ceiling Price.

452.216-75 Letter Contract.

452.219-70 Size Standard and NAICS Code Information.

452.224-70 Confidentiality of Information.

452.226-70--452.226-72 [Reserved]

452.228-70 Alternative Forms of Security.

452.228-71 Insurance Coverage.

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction

Contracts.

452.236-70 Additive or Deductive Items.

452.236-71 Prohibition Against the Use of Lead-Based Paint.

452.236-72 Use of Premises.

452.236-73 Archaeological or Historic Sites.

452.236-74 Control of Erosion, Sedimentation, and Pollution.

452.236-75 Maximum Workweek - Construction Schedule.

452.236-76 Samples and Certificates.

452.236-77 Emergency Response.

452.236-78 Fire Suppression and Liability.

452.236-79 Opted Timber Sale Road Requirements.

452.236-80 Firms Ineligible for Award - Construction.

452.237-70 Loss, Damage, Destruction or Repair.

452.237-71 Pre-Bid/Pre-Proposal Conference.

452.237-73 Equipment Inspection Visit.

452.237-74 Key Personnel.

452.237-75 Restrictions Against Disclosure.

452.237-76 Progress Reporting.

452.237-78 Contracts with Consulting Firms for Services.
452.246-70 Inspection and Acceptance.

452.247-70 Delivery Location.

452.247-71 Marking Deliverables.

452.247-72 Packing for Domestic Shipment.

452.247-73 Packing for Overseas Shipment.

PART 453 - FORMS

453.000 Scope of part.

Subpart 453.1 - General

453.103 Exceptions.

453.108 Recommendations concerning forms.

Subpart 453.2 - Prescription of Forms

453.200 Scope of subpart.

453.213 Simplified Acquisition and other simplified purchase procedures (AD-838).

453.270 Request for contract action (AD-700).

Subpart 453.3 - Illustrations of Forms

453.300 Scope of subpart.

453.303 Agency forms.

453.303-700 Procurement Request (AD-700).

453.303-838 Purchase Order (AD-838).
#### Vincent Guerra, Appellant, v. Mary Ginevra et al., Respondents.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: In granting a nonsuit at the close of the plaintiff’s case the trial court determined as a matter of law that plaintiff was guilty of contributory negligence holding that the evidence presented by him established knowledge on his part of the specific defect claimed to have caused his injury. Plaintiff rented from defendant a one-story single family dwelling with a cellar and attic, the only entraneeway to the cellar being the alleged defective stairway on which the fall occurred. A reasonable use of the cellar in conjunction with the entire premises necessitated the use of the stairway as the only means of ingress and egress. If plaintiff had a reasonable and cautious alternative it lay in repairing the loose steps on his own initiative. Whether it could be reasonably required of him to repair the defective stairway over which it would appear defendant had retained a measure of occupation and control would entail a showing as to how extensive a repair or reconstruction job was necessary to correct the defective steps so as to put them in reasonably safe condition. (See *Kaplan*v. *48th Ave. Corp.,*267 App. Div. 272.) Given the present state of the record it cannot be *698said as a matter of law that plaintiff had a reasonably cautious alternative to the use of the stairs in their defective condition, and that plaintiff was guilty of contributory negligence; (see *Cesarlo*v. *Chiapparine,*21 A D 2d 272; *Noziglia*v. *Tobiassen,*26 A D 2d 915).. All concur, except Goldman and Henry, JJ., who dissent and vote to affirm the judgment. (Appeal from judgment of Monroe Trial Term, and a jury, dismissing the complaint on the merits in a negligence action.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.
Subpart 901.1 - Purpose, Authority, Issuance    **Parent topic:** PART 901 - FEDERAL ACQUISITION REGULATIONS SYSTEM901.101 Purpose.       The Department of Energy Acquisition Regulation (DEAR) in this chapter establishes uniform acquisition policies which implement and supplement the Federal Acquisition Regulation (FAR) (Chapter 1 of title 48 of the Code of Federal Regulations (CFR)).901.103 Authority.       The DEAR and amendments thereto are issued by the Senior Procurement Executives of the Department of Energy (DOE) and the National Nuclear Security Administration (NNSA). The DOE Senior Procurement Executive delegation is pursuant to a delegation from the Secretary of Energy in accordance with the authority of section 644 of the Department of Energy Organization Act (42 U.S.C. 7254), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 121(c)(2)), and other applicable laws. The NNSA Senior Procurement Executive delegation is pursuant to a delegation from the Administrator of the NNSA, in accordance with section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 121(c)(2)), and other applicable laws.901.104 Applicability.       The FAR and DEAR apply to all DOE and NNSA acquisitions of supplies and services which obligate appropriated funds unless otherwise specified in this chapter.901.105 Issuance.901.105-1 Publication and code arrangement.       (a) The DEAR and its subsequent changes are published in the Federal Register, cumulative form in the Code of Federal Regulations (CFR), and Government Printing Office's Electronic CFR at *http://ecfr.gpoaccess.gov.*          (b) The DEAR is issued as chapter 9 of title 48 of the CFR.901.105-2 Arrangement of regulations.       (a) *General.* The DEAR is divided into the same parts, subparts, sections, subsections and paragraphs as is the FAR.          (b) *Numbering.* The numbering illustrations at 48 CFR 1.105-2(b) apply to the DEAR, but the DEAR numbering will be preceded with a 9 or a 90. Material which supplements the FAR will be assigned the numbers 70 and up.901.105-3 Copies.       Copies of the DEAR published in the Federal Register or Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402 or viewed on line at *http://ecfr.gpoaccess.gov* or at *http://management.energy.gov/DEAR.*901.106 OMB approval under the Paperwork Reduction Act.       The Office of Management and Budget (OMB) control number for the collection of information under 48 CFR chapter 9 is 1910-4100.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-31282

THE LOUISIANA LAND AND EXPLORATION COMPANY,

Plaintiff-Appellee,

VERSUS

PENNZOIL EXPLORATION AND PRODUCTION COMPANY,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Louisiana

(96-CV-1779-L)

March 9, 1999

Before DAVIS, STEWART and PARKER, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed for essentially

the reasons provided in the district court’s Order and Reasons

dated October 28, 1997.

AFFIRMED.
Subpart 1480.1 - General

Parent topic: PART 1480 - ACQUISITIONS UNDER THE BUY INDIAN ACT

1480.101 Scope of part.

This part implements policies and procedures for the procurement of supplies, general services,

architect and engineering (A&E) services, or construction while giving preference to Indian

Economic Enterprises under authority of the Buy Indian Act (25 U.S.C. 47).

1480.102 Buy Indian Act acquisition regulations.

(a) This part supplements Federal Acquisition Regulation (FAR) and Department of the Interior

Acquisition Regulation (DIAR) requirements in this chapter to meet the needs of the Department of

Interior in implementing the Buy Indian Act.

(b) This part is under the direct oversight and control of the Chief Financial Officer, within the Office

of the Assistant Secretary - Indian Affairs, Department of the Interior (CFO). The CFO is responsible

for issuing and implementing this part.

(c) Acquisitions conducted under this part are subject to all applicable requirements of the FAR and

DIAR, as well as internal policies, procedures, or instructions issued by Indian Affairs. After the FAR,

this part would take precedence over any inconsistent Indian Affairs policies, procedures, or

instructions.
431.101 Objectives.       (a) The SPE is designated as the official authorized to give advance approval of an individual deviation concerning cost principles.          (b) The SPE is designated as the official authorized to give advance approval of a class deviation concerning cost principles after coordination with the Civilian Agency Acquisition Council.          (c) Requests for advance approval of class deviations concerning cost principles must be submitted to the SPE through the HCA.    **Parent topic:** Subpart 431.1 - Applicability
#### DUDLEY v. ARMENIA INS. CO.

(Supreme Court, Appellate Division, First Department.

October 12, 1906.)

Action by John L. Dudley, Jr., against the Armenia Insurance Company.

No opinion. Motion denied. Order filed.
Subpart 1422.1 - Basic Labor Policies

Parent topic: PART 1422 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

1422.101 Labor relations.

1422.101-1 General.

The HCA may designate programs or requirements for which notice of labor disputes is necessary.

1422.101-3 Reporting labor disputes.

Labor disputes that may interfere with contract performance shall be reported to the SOL and the

HCA.

1422.101-4 Removal of items from contractors' facilities

affected by work stoppages.

Prior to initiating any action for removal of items from contractors' facilities, the CO shall obtain

advice from SOL.

1422.103 Overtime.

1422.103-4 Approvals.

The CO shall obtain approval for the use of overtime from the CCO after consultation with the

cognizant program office.
52.241-8 Change in Rates or Terms and

Conditions of Service for Unregulated

Services.

As prescribed in 41.501(d)(2), insert a clause substantially the same as the following:

Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995)

(a) This clause applies to the extent that services furnished hereunder are not subject to regulation

by a regulatory body.

(b) After ___________ [insert date], either party may request a change in rates or terms and conditions

of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations

concerning such changes upon receipt of a written request detailing the proposed changes and

specifying the reasons for the proposed changes.

(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that

throughout the life of this contract the rates so negotiated will not be in excess of published and

unpublished rates charged to any other customer of the same class under similar terms and

conditions of use and service.

(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a

dispute under the Disputes clause of this contract.

(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of

this contract by the issuance of a contract modification.

(End of clause)

Parent topic: 52.241 Utility Services Provisions and Clauses.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 40405 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Josias Reyes,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19

- CR

- 276

- 6

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam :**  *
The attorney appointed to represent Josias Reyes has moved for leave
to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Reyes has not filed a response. We have reviewed counsel’s brief and the

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 23, 2021 Lyle W. Cayce Clerk Case: 21-40405 Document: 00516105394 Page: 1 Date Filed: 11/23/2021No. 21

- 40405

2 relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is
**GRANTED** , counsel is excused from further responsibilities herein, and
the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-40405 Document: 00516105394 Page: 2 Date Filed: 11/23/2021
| www.nws.noaa.gov  |
|------------------------|

|  |  |   |  |
|--|--|--------|--|
|  |

|  | Site Map | News | Organization | Search   |  |
|--|----------|------|--------------|--------------------|--|

| Search the CPCAbout Us               Our Mission               Who We AreContact Us               CPC Information               CPC Web Team | **HOME** >    Outreach >    Publications >    Atlases >    Atlas Number 1    By  R. Wayne Higgins, John E. Janowiak and Yu-Ping Yao *NCEP/Climate Prediction Center ATLAS No. 1**U. S. DEPARTMENT OF COMMERCE**National Oceanic and Atmospheric Administration**National Weather Service*    Table of ContentsContentsAppendix and ReferencesList of Figures  February 14, 1996*Comments: Wayne Higgins*NOAA/National Weather Service |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Case 3:06-cv-00638-SRW Document 3 Filed 07/21/2006 Page 1 of 4
Case 3:06-cv-00638-SRW Document 3 Filed 07/21/2006 Page 2 of 4
Case 3:06-cv-00638-SRW Document 3 Filed 07/21/2006 Page 3 of 4
Case 3:06-cv-00638-SRW Document 3 Filed 07/21/2006 Page 4 of 4
#### § 983.16 Inshell pistachios.

*Inshell pistachios* means pistachios that have a shell that has not been removed.
II 

109TH CONGRESS 

2D SESSION S. 3425 

To suspend temporarily the duty on 2 benzylthio-3-ethyl sulfonyl pyridine. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

Mr. DURBIN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on 2 benzylthio-3-ethyl 

sulfonyl pyridine. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. 2 BENZYLTHIO-3-ETHYL SULFONYL PYRIDINE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.29.11 2 benzylthio-3-ethyl sulfonyl 

pyridine (CAS No. 175729– 

82–5) provided for in subheading 2933.39.6190) ........ Free No change No change On or before 

12/31/2009 ’’. 


rwilkins on PROD1PC63 with BILLS
2 

•S 3425 IS 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS
IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JEREMIAH W. GREEN, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No. 2:06-CV-667-WKW 

 ) (WO) 

ELMORE COUNTY JAIL, et al., ) 

 ) 

 Defendants. ) 

DEFENDANT’S MOTION FOR EXTENSION OF TIME

 COMES NOW, Assistant Jail Administrator Sue Roberts, the Defendant in the abovestyled cause and moves this Honorable Court for an extension of time of 30 days in which to file 

her Special Report and Answer which is due on September 26, 2006. As grounds for this 

Motion, the Defendants state as follows: 

1. On August 17, 2006, this Court entered an Order directing the Defendants in this 

case to file a Special Report in the above-styled cause within forty days of that Order. 

2. The Defendants are in need of additional time to fully respond to the Plaintiff’s 

allegations. 

3. In addition, it may be necessary to obtain additional documents relating to the 

basis of the Plaintiff’s Complaint. 

4. The Defendants have not previously requested an extension of time in this case. 

5. The Plaintiff will not be prejudiced by the requested extension. 

 Defendant Sue Roberts has given counsel permission to submit her electronic signature to 

the Court below. 

Case 2:06-cv-00667-WKW-WC Document 14 Filed 09/25/2006 Page 1 of 2
2

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests this 

Honorable Court grant the Motion for Extension of Time to file Special Report and Answer up to 

and including, October 25, 2006. 

RESPECTFULLY SUBMITTED this the 25th day of September, 2006. 

s/C. Richard Hill, Jr. 

C. RICHARD HILL, JR. (HIL045) 

Attorney for Defendant Greg Ward 

WEBB & ELEY, P.C. 

7475 Halcyon Pointe Drive (36117) 

Post Office Box 240909 

Montgomery, Alabama 36124 

Telephone: (334) 262-1850 

Fax: (334) 262-1889 

E-mail: rhill@webbeley.com 

CERTIFICATE OF SERVICE

 I hereby certify that on this the 25th day of September, 2006, I have served the foregoing 

document on the following: 

Jeremiah W. Green 

USMS Reg. No. 11165-171 

Federal Prison Camp Atlanta 

Post Office Box 150160 

Atlanta, Georgia 30315-0160

by placing a true and correct copy of the foregoing in the U.S. Mail, postage prepaid, on this the 

25th day of September, 2006. 

 s/C. Richard Hill, Jr. 

 OF COUNSEL 

Case 2:06-cv-00667-WKW-WC Document 14 Filed 09/25/2006 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MAXIE MCNABB, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06cv664-MHT

)

SANDERS LEAD COMPANY, INC., )

)

Defendant. )

DEFENDANT’S REQUESTED VOIR DIRE QUESTIONS

Pursuant to the Federal Rules of Civil Procedure and the and the Uniform

Scheduling Order entered by this Honorable Court, Defendant Sanders Lead Company,

Inc. (“Defendant”), by counsel, hereby formally requests additional questions be

propounded to the potential jury pool in addition to the standard questions asked. The

questions the Defendant requests be added are as follows:

1. Do you personally know the Plaintiff, Maxie McNabb. If so, please

indicate how you know Mr. McNabb.

2. Have you or any member of your family ever been employed by Sanders

Lead Company, Inc. of Troy, Alabama or any Sanders affiliated company? 

If so, please indicate what dates you were employed, what your position is

or was and if applicable, how you came to be no longer employed at

Sanders Lead Company, Inc or any Sanders affiliated company.

3. Are you acquainted with any person who is or who has ever been

employed by Sanders Lead Company, Inc. of Troy, Alabama or any

Sanders affiliated company? If so, please indicate who and your

Case 2:06-cv-00664-MHT-SRW Document 47 Filed 11/12/2007 Page 1 of 2
relationship to said individual. 

4. Have you ever felt like you were discriminated against for any reason at

any current or past place of employment? If so, please describe what

happened in detail.

5. Have you or any member of your family or any friend or any associate

ever been acquainted with Roderick Cooks or Lee Winston, the attorneys

for the Plaintiff in this matter? 

WHEREFORE, the Defendant respectfully requests that these questions be

added to the voir dire questionnaire that is to be used in this matter. 

Respectfully submitted, this the 12th day of November, 2007.

s/ N.J. Cervera 

N.J. Cervera (CER001)

Matthew M. Baker (BAK017)

Frank P. Ralph (RAL002)

Grady A. Reeves (REE042)

Attorneys for Defendant

OF COUNSEL:

Cervera, Ralph & Reeves, LLC

P. O. Box 325

914 South Brundidge Street

Troy, Alabama 36081

(334) 566-0116

(334) 566-4073 fax

CERTIFICATE OF SERVICE

I hereby certify that I have this date electronically filed the foregoing with the Clerk

of Court using the CM/ECF system and served a copy of same by CM/ECF on this the 12th

day of November, 2007:

Roderick T. Cooks, Esq.

WINSTON COOKS, LLC

The Penick Building

319 17th Street North

Birmingham, Alabama 35203

s/ N.J. Cervera 

OF COUNSEL

Case 2:06-cv-00664-MHT-SRW Document 47 Filed 11/12/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

GENE COGGINS, )

 )

Plaintiff, )

 )

vs. ) CIVIL ACTION NO. 3:06cv687-WHA

 )

GLORIA SINCLAIR, Probate Judge, et al., )

 )

Defendants. )

ORDER

This case is before the court on the Recommendation of the Magistrate Judge (Doc. #21)

and Plaintiff’s objection (Doc. #22). Following an independent evaluation and de novo review

of this case, the court finds the objection to be without merit, and it is hereby overruled. The

court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED as

follows:

1. This case is DISMISSED against all Defendants for lack of subject matter jurisdiction.

2. Any outstanding motions are DENIED as moot.

3. Final Judgment will be entered accordingly.

DONE this 6th day of November, 2006.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:06-cv-00687-WHA-DRB Document 23 Filed 11/06/2006 Page 1 of 1
II 

109TH CONGRESS 

2D SESSION S. 2900 

To extend temporarily the suspension of duty on preparations based on 

ethanediamide, N-(2-ethoxyphenyl)-N′-(4-isodecylphenyl)-). 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on preparations 

based on ethanediamide, N-(2-ethoxyphenyl)-N′-(4- 

isodecylphenyl)-). 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PREPARATIONS BASED ON ETHANEDIAMIDE, N4 (2-ETHOXYPHENYL)-N′-(4-ISODECYLPHENYL)-). 

5 (a) IN GENERAL.—Heading 9902.04.05 of the Har6 monized Tariff Schedule of the United States (relating to 

7 preparations based on ethanediamide, N-(2-ethoxyphenyl)- 

8 N′-(4-isodecylphenyl)-)) is amended by striking ‘‘12/31/ 

9 2006’’ and inserting ‘‘12/31/2009’’. 


dsatterwhite on PROD1PC76 with BILLS
2 

•S 2900 IS 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ 


dsatterwhite on PROD1PC76 with BILLS