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personnel of the Food and Drug Administration (FDA) who assert a reason to believe that the health of any individual may be threatened by an error in the manufacture, labeling, or sale of a product under FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying patients or their physicians of potential dangers.
(c) Procedures. Immediately following disclosure, the part 2 program shall document, in
) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
Amendments
1994—Subsec. (a). Pub. L. 103–322 substituted "title" for "part" before period at end.
facts results in a challenge of a specific cost by the contracting officer or the contracting officer's representative, the burden of proof shall be upon the contractor to establish that such cost is reasonable.
(b) What is reasonable depends upon a variety of considerations and circumstances, including—
(1) Whether it is the type of cost generally recognized as ordinary and necessary for the conduct of the contractor's business or
Government's requirements as alternatives to the Government-unique standards. The Government will accept use of the voluntary consensus standard instead of the Government-unique standard if it meets the Government's requirements unless inconsistent with law or otherwise impractical.
(b) If an alternative standard is proposed, the offeror must furnish data and/or information regarding the alternative in sufficient detail for the Government to determine if it meets the Government's requirements
factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
* * * * *
, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
* * * * *
assignment.
(d) Unless otherwise expressly permitted in the contract, the assignment—
(1) Covers all unpaid amounts payable under the contract;
(2) Is made only to one party, except that any assignment may be made to one party as agent or trustee for two or more parties participating in the financing of the contract; and
(3) Is not subject to further assignment.
the fullest extent consistent with efficient contract performance; and
(2) The Government has the right to terminate the contract for default if the Contractor willfully or intentionally fails to use members of the Selected Reserve, as employees or individual subcontractors, in the performance of the contract.
(End of clause)
[73 FR 62212, Oct. 20, 2008]
(2) The information indicates that continued performance by the employee of his or her safety-sensitive function is likely to pose a significant safety risk.
(b) The third parties to whom you are authorized to provide information by this section include the employer, a physician or other health care provider responsible for determining the medical qualifications of the employee under an applicable DOT agency safety regulation, a SAP
§40.97—Laboratory handling of test results and quantitative values.
§40.99—Authorization of longer laboratory retention of specimens.
§40.101—Relationship with laboratories; avoidance of conflicts of interest.
§40.171—Request for test of split specimen.
§40.187—Action concerning split specimen test results.
§40.193—Role in “shy bladder” situations.
Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both.
Prior Provisions
For prior
delivery that the contractor will provide notification. The determination of the number of days should be done in coordination with the installation/facility radiation protection officer (RPO). The RPO is responsible for insuring the proper license, authorization or permit is obtained prior to receipt of the radioactive material.
[56 FR 55374, Oct. 25, 1991, as amended at 62 FR 236, Jan. 2, 1997]
and services (based on EPA-issued guidance).
(2) Promote energy-efficiency and water conservation.
(3) Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal).
(4) Promote the use of nonhazardous and recovered materials.
(5) Realize life-cycle cost savings.
, Certification Regarding Trafficking in Persons Compliance Plan, in solicitations if—
(1) It is possible that at least $550,000 of the value of the contract may be performed outside the United States; and
(2) The acquisition is not entirely for commercially available off-the-shelf items.
[80 FR 4987, Jan. 29, 2015, as amended at 85 FR 62489, Oct. 2, 2020]
1994—Pub. L. 103–322, which directed the amendment of this section by striking "fined not more than $100" and inserting "fined under this title", was executed by substituting "fined under this title" for "fined $100", to reflect the probable intent of Congress.
1 See 1994 Amendment note below
under this title" for "fined not more than $10,000".
State in which it was committed.
(b) Definitions.—In this section:
(1) Labor dispute.—The term "labor dispute" has the same meaning given that term in section 13(c) of the Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for
No person shall be prosecuted, tried, or punished for any non-capital offense or conspiracy to commit a non-capital offense under section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor), 1590 (Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or
conditions (29 CFR part 1925);
(g) Rules of practice for administrative proceedings enforcing service contract labor standards (29 CFR part 6); and
(h) Practice before the Administrative Review Board (29 CFR part 8).
[54 FR 19816, May 8, 1989, as amended at 71 FR 36933, June 28, 2006; 72 FR 63080, Nov. 7, 2007; 79 FR 24206, Apr. 29, 2014]
written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.
[48 FR 42171, Sept. 19, 1983. Redesignated and amended at 60 FR 34738, July 3, 1995; 60 FR 48260, Sept. 18, 1995]
As prescribed in 1828.311-270(d), insert the following clause:
Insurance—Total Immunity From Tort Liability (SEP 2000)
(a) The Government does not assume any liability to third persons, nor will the Government reimburse the Contractor for its
employees for the purpose of selling FEGLI Program coverage must be approved by OPM in advance.
(b) The Contractor is prohibited from making incomplete and/or incorrect comparisons or using disparaging or minimizing techniques to compare its other products or services to those of the FEGLI Program. The Contractor agrees that any advertising material authorized and released by the Contractor which mentions the FEGLI Program will be truthful and not misleading and will
enter into mentor-protégé agreements with eligible protégés to provide appropriate developmental assistance to enhance the capabilities of the protégés to perform as subcontractors and suppliers. NASA may provide the mentor award fee incentives. Additionally, this subpart explains the calculated subcontracting credit for a mentor-protégé program pursuant to FAR 52.219-9, Small Business Subcontracting
their business as a result of receiving developmental assistance; and
(6) Accomplishment of any other activity as related to the mentor-protégé relationship.
(d) The Award Fee Pilot Program is an addition to the credit agreement. Participants that are eligible for award fee may also receive credit under their individual contract's award fee plan.
[80 FR 12938, Mar. 12, 2015]
(a) The contracting officer may insert the provision at 2052.214-70, Prebid Conference, in Invitations for Bids (IFB) where there will be a prebid conference. This provision may be altered by the contracting officer to fit the circumstances of the procurement.
(b) The contracting officer may insert the provision at
reimbursed for the actual labor costs incurred.
(b) The contractor shall be paid the fixed fee specified in B.____, Estimated Cost and Fixed Fee, herein, on a prorated basis in proportion to the percentage of the level of effort (LOE) performed at the time of billing in accordance with the following formula:
(Number of acceptable hours delivered) divided by (Total hours in level of effort) × (Total fixed fee) = Fee payment
(e.g
As prescribed in 2409.507-2, the Contracting Officer may insert a clause substantially the same as follows in solicitations and contracts for services:
Limitation on Future Contracts (FEB 2000)
(a) The Contracting Officer has determined that this