alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2942.1503 Procedures.

(a) In accordance with FAR 42.1502, the contracting officer will prepare an interim evaluation of a

contractor's performance at least annually for submission to the Past Performance Information

Retrieval System (PPIRS), and specifically the Contractor Performance System maintained by the

National Institutes of Health.

(b) The contracting officer, or designee, must determine who will evaluate a contractor's

performance. The contracting officer's technical representative, program manager, contract

specialists or administrators, and users are candidates likely to be selected to perform the

evaluation.

(c) A contractor's performance evaluation should be obtained from a person who monitored

contractor performance when that individual's assignment of duties or employment terminates

before physical completion of the contract. The areas of performance to be selected for evaluation

should be tailored to the type of supplies or services normally acquired by the contracting activities

and the type of contract. HCAs must ensure uniformity of the evaluation criteria within their

contracting activities.

(d) Release of contractor performance evaluation information.

(1) Requests for performance evaluation information from the public must be processed in

accordance with FOIA, as implemented by DOL under 29 CFR part 70.

(2) Release of a contractor's performance evaluation information to other Federal agencies is subject

to FAR 42.1502. When the performance evaluation information is released to other federal agencies,

it should be provided with a written statement that it is nonpublic information that must be

processed under FOIA principles if a request for its disclosure is received.

(e) Even though the retention period for past performance evaluation information is three years (see

FAR 42.1503), the contractor's performance evaluation, any contractor rebuttal, and final decision

become a part of the contract file. Therefore, disposal of the contractor's evaluation information

must be accomplished in accordance with FAR 4.804.

Parent topic: Subpart 2942.15 - Contractor Performance Information
#### Joseph A. Wunderlin, Individually and on Behalf of All Other Persons Similarly Situated, et al., Appellants, v. Lutheran Cemetery et al., Respondents.

'In an action for a declaratory judgment by the owner of a plot in the cemetery owned and operated by defendant Lutheran Cemetery and by a membership corporation whose members are engaged in the business of tending graves in said cemetery, plaintiffs appeal from a judgment of the Supreme Court, Queens County, dated May 2, 1966, and made after a nonjury trial, which adjudged valid (1) an order of the defendant Cemetery Board of the State of New York granting permission to the defendant cemetery corporation to levy a lot tax of $2 per lot not under annual or perpetual care for the 5-year period 1963 through 1967 and (2) an order of the defendant Cemetery Board approving the collection by the defendant cemetery corporation of a fiat annual $50 supervision charge upon outside commercial gardeners servicing plots in said corporation’s cemetery. Judgment modified, on the law, by striking out its third decretal paragraph, which adjudged valid the order approving the collection of a flat annual supervision charge upon the gardeners, and by substituting therefor a decretal paragraph declaring the order to be null and void. As so modified, judgment affirmed, without costs. No questions of fact have been considered. At bar an annual $50 “supervision” charge was imposed by the defendant cemetery corporation upon outside commercial gardeners who were retained by certain lot owners to service plots in the corporation’s eemeteiy. The charge was approved by the defendant Cemetery Board. In our opinion section 82 of the Membership Corporations Law, which authorizes the directors of a cemetery corporation to fix and make reasonable “charges”, does not authorize the imposition of a charge by such corporations for services performed by outside commercial gardeners. That section authorizes reasonable charges “for any acts and services ordered by the owner and *rendered by the*corporation” (emphasis added). Since the only charges permitted by section 82 are for those acts and services rendered by cemetery corporations (cf. *May*v. *Washington Cemetery,*29 Misc 2d 1046, affd. 16 A D 2d 931) and since the charges imposed at bar were for acts and services performed by outside commercial gardeners, there is no statutory basis for the imposition of the disputed charge. Beldock, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur. [49‘ Misc 2d 836.]
#### § 920.6 Varieties.

*Varieties* means and includes all classifications or subdivisions of kiwifruit.
Subpart 949.1 - General Principles

Parent topic: PART 949 - TERMINATION OF CONTRACTS

949.101 Authorities and responsibilities.

The Senior Procurement Executive shall be notified prior to taking any action to terminate (a)

contracts for the operation of Government-owned facilities, (b) any prime contract or subcontract in

excess of $10 million, and (c) any contract the termination of which is likely to provoke unusual

interest.

949.106 Fraud or other criminal conduct.

Any evidence of fraud or other criminal conduct in connection with the settlement of a contract

termination shall be reported in accordance with 909.406.

949.111 Review of proposed settlements.

(a) The Heads of Contracting Activities shall establish settlement review boards for the review of

each termination settlement or determination of amount due under the termination clause of a

contract or approval or ratification of a subcontract settlement when the action involves $50,000 or

more.

(b) Settlement review boards may be established for actions below $50,000 when considered

desirable by the Head of the Contracting Activity or when specifically requested by the contracting

officer.

(c) Proposed settlement agreements or determinations in excess of contractual authority of the

Heads of Contracting Activities will be transmitted to the Senior Procurement Executive for review

and approval.

(d) Contracting officers shall not conclude proposed settlement or determinations until the approvals

required by this subsection have been obtained.
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.       As prescribed in                 208.7305             (a), use the following clause:          INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DEC 1991)          (a)  The Government intends to furnish precious metals required in the manufacture of items to be delivered under the contract if the Contracting Officer determines it to be in the Government's best interest.  The use of Government-furnished silver is mandatory when the quantity required is one hundred troy ounces or more.  The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the contract.          (b)  The Offeror shall cite the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this contract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals.                    Precious Metal*                      Quantity                      Deliverable Item                         (NSN and Nomenclature)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________          *If platinum or palladium, specify whether sponge or granules are required.          (c)  Offerors shall submit two prices for each deliverable item which contains precious metals—one based on the Government furnishing precious metals, and one based on the Contractor furnishing precious metals.  Award will be made on the basis which is in the best interest of the Government.          (d)  The Contractor agrees to insert this clause, including this paragraph (d), in solicitations for subcontracts and purchase orders issued in performance of this contract, unless the Contractor knows that the item being purchased contains no precious metals.          (End of clause)    **Parent topic:** 252.208 RESERVED
#### § 993.59 Payment to handlers for services.

The committee shall pay handlers for necessary services rendered by them in connection with reserve prunes including, but not limited to, inspection, receiving, storing, grading, and fumigation, in accordance with a schedule of payments and conditions established by the Secretary after recommendation by the committee.
1553.000 Scope of part.       This part prescribes Agency forms for use in acquisitions and contains requirements and information generally applicable to the forms.    **Parent topic:** PART 1553 - FORMS
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER, SECTION 906

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Venugopal Rathi, the Chief Financial Officer (Principal Financial Officer) of NF Investment Corp. (the Company), hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| |  |  | the Form 10-K of the Company for the year ended December 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-K), fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 21, 2017/s/ Venugopal RathiVenugopal Rathi
Chief Financial Officer
(Principal Financial Officer)




|* | The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### Yancey *et al. v.*Lamar-Rankin Drug Company.

Fish, C. J.

1. Under the “sale-in-bulk” act (Civil Code, § 3226), the following transactions are declared to be fraudulent and void as against creditors of the vendor, when the provisions of the act are not complied with: (1) Every sale or transfer of a stock of goods, wares, or merchandise in bulk, (2) or of substantially the entire business theretofore conducted by the vendor of such a stock, (3) or every sale or transfer of such a stock out of the usual or ordinary course of business or trade of the vendor.

2. The act is in derogation of the common law, and of the right to alienate property without restriction; and is therefore to be strictly construed. *Cooney*v. *Sweat,*133 *Ga.*511 (66 S. E. 257, 25 L. R. A. (N. S.) 758).

3. So construed, the provisions of the act did not apply to a transaction whereby a copartnership composed of two persons engaged in a grocery business sold a two-thirds interest in their stock of goods to two other persons; whereupon one of the original partners retired from the firm, and the same business was thereafter conducted in the name of a new firm, composed of the remaining original partner and the two purchasers. Such transaction did not fall within either of the classes set forth in the first headnote. While it may have been out of the usual and ordinary course of business or trade, it was not a sale or transfer of a stock of goods, wares, or merchandise. See *Stovall Co.*v. *Shepherd Co.,*10 *Ga. App.*498 (73 S. E. 761); Fairfield Shoe Co. *v.*Olds, 176 Ind. 526 (96 *360N. E. 592), holding that the provisions of the “sale-in-bulk” law do not apply to a sale by a partner of his interest in a stock of merchandise to his copartner.

July 19, 1913.

Garnishment. Before Judge Brand. Gwinnett superior court. January 30, 1912.

*0. A. Nix*and *I. L. Oakes,*for plaintiffs in error.

*N. L. Hutchins,*contra.

4. In view of the rulings above stated, the court erred in holding that the transaction set out in the third headnote came within the purview of the “sale-in-bulk” act, and in directing a verdict for the plaintiff in fl. ñ. on the trial of the issue formed by a traverse of the answer of the garnishees — the purchasers of the two-thirds interest in the partnership.

*Judgment reversed.*

*All the Justices concur.*
UNITED STATES DISTRICT COURT

M IDDLE DISTRICT OF ALABA M A

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

September 5, 2006

 NOTICE OF REASSIGNMENT

To: All Counsel of Record

 

Re: Thurman et al v. Timberline Homes, Inc. et al 

Civil Action No. 1:06-cv-00709-DRB

The above-styled case has been reassigned to Judge Myron H. Thompson.

Please note that the case number is now 1:06-cv-00709-(MHT). This new case number should be

used on all future correspondence and pleadings in this action.

 

Case 1:06-cv-00709-MHT-DRB Document 11 Filed 09/05/2006 Page 1 of 1
SUBPART 24.2 — FREEDOM OF

INFORMATION ACT

Parent topic: PART 24 –– PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

224.203 Policy.

(S-90) Upon receipt of a request under this subpart, the DISA employee shall inform the requester

that they must file a Freedom of Information Act request to the address below. Requests can be sent

via USPS, fax or e-mail. Advise requester(s) that the FOIA Office is the focal point of all such

information and that official information may only be released through the FOIA Office or their

authorized designee.

Defense Information Systems Agency

ATTN: Headquarters FOIA Requester Service Center

P.O. Box 549

Ft Meade, MD 20755-0549 FAX: (301) 225-0510

disa.meade.gc.mbx.foia@mail.mil

(S-91) This policy does not apply to those infrequent situations in which a DISA employee may be

under court order, subpoena, or otherwise directed to provide such information in a matter under

litigation. All such situations should be directed to the DISA Office of General Counsel, before the

release of any information occurs or before any appearance, testimony, or other statement before

any tribunal.
5245.602-3 Screening.    (a) To accomplish the screening requirements within prescribed time periods, the following procedures shall be employed:       (S-90)(1) Upon receipt of inventory schedules in acceptable form, the plant clearance office should provide an original to the requiring activity and copies to DON inventory managers, the contracting activity, and Naval activities other than inventory managers who have potential requirements for the property.       (2) Provide retention and redistribution requirements of the owning Commands, Offices and Bureaus (requiring activities), inventory managers, contracting activities and other Naval activities directly to the reporting office during this period.       (b) The final approval for contractor retention of standard components of special test equipment (STE) or for the transfer of industrial plant equipment items that are components of STE, shall be made by the contracting officer in lieu of the ACO.       (c) Prior to authorizing retention of items in storage the contracting officer shall ensure that a retention plan has been developed. Retention plans shall include the justification for storage, a detailed description of the property to be stored, storage costs, location, planned period of storage, and source of funds for storage. The use of "no-costs" or no direct cost storage agreements is prohibited. **Parent topic:** 5245.602 Reutilization of Government property.
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You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****Mineralresources of the Sweetwater Canyon Wilderness Study Area, Fremont County,Wyoming**** 
SuDocNumber:I19.3:1757-D
ItemNumber: 0620
CGPsystem Number:000594816
 
Report
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#### Edward Koehl, Appellant, v S. Mirza et al., Respondents.

Submitted September 4, 2007;

decided November 27, 2007

Reported below, 39 AD3d 1092.

On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved *(see Haywood v Drown,*9 NY3d 481 [2007]). Motion for poor person relief dismissed as academic.
923.002 Policy.

(a) Requirement. FAR 23.002 and Section 3(e) of Executive Order 13423, Strengthening Federal

Environmental, Energy and Transportation Management, require contracts for the operation of

Government-owned facilities or Government-owned motor vehicle fleets to include provisions that

obligate the contractor to comply with the requirements of Executive Order 13423 to the same

extent as the Federal agency would be required to comply if the agency operated the facility or fleet.

(b) Contract clause. Insert the clause at 970.5223-6, Executive Order 13423, Strengthening Federal

Environmental, Energy, and Transportation Management, in contracts for Contractor operation of a

DOE facility or motor vehicle fleet.

Parent topic: PART 923 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE

ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
5207.7002 Authority to acquire additional

quantities of end items.

Determinations for use of this authority shall be prepared as Determinations and Findings (D&Fs)

(see FAR Subpart 1.7) for approval by ASN(RDA). Submit determinations via DASN(P) by email at

RDAJ&As.fct @navy.mil with the subject “[Activity Name] DFARS 207.7002 - Acquisition of

Additional Quantities of End Items D&F Review and Approval.” Proposed determinations shall

include a review by the activity comptroller.

Parent topic: Subpart 5207.70 - BUY-TO-BUDGET - ADDITIONAL QUANTITIES OF END ITEMS
Case 2:06-cv-00676-ID-DRB Document 3 Filed 08/10/2006 Page 1 of 1
#### Rachel Ehrenfeld, Appellant, v Khalid Salim Bin Mahfouz, Respondent.

Submitted October 15, 2007;

decided October 18, 2007

Motion by Advance Publications, Inc. et al. for leave to appear amici curiae on consideration of the certified question herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.

Judge Smith taking no part.
#### Cellutech, Inc., et al., Respondents, v Watertown Industrial Center Local Development Corporation, Appellant, et al., Defendant.

Submitted September 4, 2007;

decided September 18, 2007

Reported below, 42 AD3d 934.

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the stipulation for judgment absolute filed does not meet the requisites of CPLR 5601 (c).
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **1 -**  **7440**

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v.
KELVIN FREEMAN , Defendant

- Appellant
.

Appeal from the United States District Court for the Western Dist rict of Virginia , at Charlottesville
. Norman K. Moon , Senior District Judge. ( 3:08

- cr - 00022

- NKM

- 1 )

Submitted : April 2 4 , 2012 Decided: May 7, 2012

Before MOTZ , SHEDD , and WYNN , Circuit Judges.

Affirm ed by un published per curiam opinion
.
Kelv in Freeman , Appellant Pro Se. Sharon Burnham , Assistant United States Attorney, Roanoke, Virginia; Ronald Mitchell Huber, Assistant United States Attorney, Charlottesville, Virginia , for Appellee.
Unpublished opinions are not binding precedent in this c ircuit.2 PER CURIAM: Kelvin Freeman appeals the district court ’ s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence based on Amendment 750 to the U.S. Sentencing Guidelines Manual (2011)
. ∗ We have reviewed the record and fin d no reversible error. Freeman correctly notes that the district court’s consideration of his motion under Amendment 750 was premature as the amendment had not yet gone into effect at the time the court entered the order. However, because Amendment 750 i s now in effect and the district court did not err in concluding that Freeman does not qualify for a sentence reduction under Amendment 750, this argument is moot. Accordingly, we affirm for the reasons stated by the district
court. United States v. Freem an , No. 3:08

- cr - 00022

- NKM

- 1 (W.D. Va. Oct. 17, 2011)
. We further deny Freeman’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argum ent would not aid the decisional process.
AFFIRMED

∗ To the extent Freeman relied on Amendment 706 to the Guidelines in his § 3582(c )(2) motion , th at a mendment was already taken into consideration at his sentencing, which took place after the amendment’s e ffective date of November 1, 2007.