J. R. BELL, Warden, Respondent.
Jamal Kareem Warren is serving a term of imprisonment at the Federal Correctional Complex in Terre Haute. His petition under 28 U.S.C. § 2241 challenging a prison disciplinary proceeding while he was imprisoned at Federal Correctional Institution, Oakdale [Doc. No. 1] pends before the court. His petition claims that he was denied due process when: (1) his appeal of the disciplinary hearing officer's report was denied as untimely; (2) the incident report was allegedly issued 18 days after the misconduct; and (3) the sanctions imposed allegedly exceeded those authorized by law. The factual and legal issues raised can be resolved on the record, so no hearing is necessary. For the reasons that follow, the court denies Mr. Warren's petition.
Mr. Warren is serving a sentence of 102 months of imprisonment to be followed by 120 months of supervised release for engaging in interstate transportation of a minor with the intent to engage in criminal sexual activity in violation of 28 U.S.C. § 2423(a). While at FCI Oakdale Louisiana, the Bureau of Prisons accused him of infractions of BOP rules, including use of mail for abuses, use of the telephone for abuses, and giving money to another inmate without staff authorization. Following a hearing on the charges with Mr. Warren present, the disciplinary hearing officer imposed a sanction of a loss of a total of 218 days of good conduct time, segregation time, and a loss of privileges. After exhausting his administrative remedies, Mr. Warren filed this petition alleging due process violations.
“This court does not sit in review of the correctness of the [Disciplinary Hearing Officer's] decision; [Mr. Warren] is entitled to relief only if the procedures used to arrive at that sanction do not comport with due process.” Piggie v. Cotton, 342 F.3d 660, 667 (7th Cir. 2003). “Federal inmates must be afforded due process before any of their good time credits-in which they have a liberty interest-can be revoked.” Jones v. Cross, 637 F.3d 841, 845 (7th Cir. 2011).
In the context of a prison disciplinary hearing, due process requires that the prisoner receive (1) written notice of the claimed violation at least 24 hours before hearing; (2) an opportunity to call witnesses and present documentary evidence (when consistent with institutional safety) to an impartial decision-maker; and (3) a written statement by the fact-finder of the evidence relied on and the reasons for the disciplinary action.
Mr. Warren first argues that that he was denied due process because his appeal of the disciplinary hearing officer's report was denied as untimely. He contends that he timely filed his appeal, which the regulations require he submit within 20 days of being served the disciplinary hearing officer's report, and any delay was due to the actions of the BOP staff, who housed him in an SHU and held his outgoing mail for inspection. The warden doesn't dispute that Mr. Warren's appeal was denied as untimely and, for purposes of this petition, the court will assume without deciding that Mr. Warren's appeal was only untimely because of the actions of BOP personnel so the BOP should have accepted it.
Mr. Warren argues that 28 C.F.R. § 541.8 grants him a right to appeal and that BOP violated his due process rights when it didn't adjudicated his appeal. The regulation itself doesn't “create[ ] a liberty interest protected by the Due Process Clause.” Thomas v. Ramos, 130 F.3d 754, 760 (7th Cir. 1997). Federal inmates have a due process interest in their good time credits and, before they can be revoked, due process requires that a prisoner receive timely written notice of the alleged violation, the opportunity to present evidence to an impartial decision-maker, and receive a written statement with the basis for the disciplinary action taken. Jones v. Cross, 637 F.3d at 845. Mr. Warren hasn't demonstrated that due process required a fully adjudicated administrative appeal, especially in this case, where the BOP hasn't argued that Mr. Warren didn't exhaust his administrative remedies and his 2241 is properly before this court.
Mr. Warren next argues that he was denied due process because he didn't timely receive a copy of the incident report. Mr. Warren asserts that the alleged misconduct occurred on July 6, 2015, the BOP staff knew of the alleged misconduct that day because they informed him of it, and yet BOP didn't issue him an incident report until July 24, 2015. Mr. Warren believes this violated his due process rights. Mr. Warren's argument relies on his reading of a BOP regulation, which he claims requires the BOP issue him an incident report within 24 hours of BOP staff learning of the incident. See 28 C.F.R. § 541.5(a) (“[y]ou will ordinarily receive the incident report within 24 hours of staff becoming aware of your involvement in the incident”).
The court of appeals considered this argument in Jones v. Cross, 637 F.3d at 846, and held that a prisoner doesn't have a “liberty interest in the time frames set forth in § 541.15(a).” “[W]ith respect to timing, all that due process requires is that prisoners be given written notice of alleged violations at least 24 hours before a disciplinary hearing.” Id. Mr. Warren acknowledges that he received the incident report on July 24, 2015 and the evidence shows that the disciplinary hearing was held on August 5, 2015. [Doc. No. 12-5 at 1]. Accordingly, “even assuming there was a violation of BOP regulations in this case, that violation did not infringe [Mr. Warren's] constitutionally-protected rights.” Id.
Mr. Warren also argues that he was denied due process because the sanctions imposed allegedly exceeded those authorized by law, contending that the BOP imposed a sanction of a loss of a total of 218 days of good conduct time, but the BOP's regulations allow for a sanction of no more than 54 days of good conduct time in this case.
Mr. Warren was sanctioned for violations of use of mail for abuses, use of telephone for abuses, and giving money to another inmate without staff authorization. [Doc. No. 12-5 at 4]. The BOP regulations categorize the use of mail and telephone for abuses infractions as “high severity level prohibited acts, ” while giving money to another inmate without staff authorization is considered a “moderate severity level prohibited act.” 28 C.F.R. § 541.4 (table 1). The regulation allows for a sanction of a loss of 27 days of good time for each high severity level prohibited act and 14 days of good time for each moderate severity level prohibited act. Id. The Disciplinary Hearing Officer imposed a sanction of a loss of 68 days of good time for those violations (27 days for use of mail for abuses, 27 days for use of telephone for abuses, and 14 days for giving money to another inmate without staff authorization).


In a 4-3 decision last week in Apple v. Superior Court, the California Supreme Court ruled that the state’s privacy statute restricting retailers from collecting personal information as part of credit card transactions does not apply to online sales of downloadable materials.
The Song-Beverly Credit Card Act of 1971 governs the issuance and use of credit cards. Section 1747.08(a) of the Act prohibits retailers from requesting or requiring the cardholder to provide personal identification information, which the retailer writes or otherwise records upon the credit card transaction form, or from using preprinted spaces designed for filling in the cardholder’s personal identification information. In 2011, the California Supreme Court found in Pineda v. Williams-Sonoma Stores, Inc., 51 Cal.4th 524, that Williams-Sonoma violated §1747.08(a) when it requested and recorded a customer’s ZIP code during a credit card transaction.
In Apple v. Superior Court, the plaintiff was an Apple customer who purchased electronically downloadable products via the Internet. The plaintiff alleged that Apple violated §1747.08(a) when it requested his address and telephone number as a condition of accepting his credit card as payment. Relying on the fact that the statute was enacted before online commerce existed, the high court looked to the legislative intent behind §1747.08(a. The court, citing to Pineda, found that the underlying purpose of the statute was to “address the misuse of personal identification information for, inter alia, marketing purposes” and “to prohibit businesses from requiring information that merchants, banks or credit card companies do not require or need.” See also Absher v. AutoZone, Inc., (2008) 164 Cal.App.4th 332, 345. However, the court found that this legislative intent was not to achieve privacy protection at the expense of exposing consumers and retailers to undue risks of fraud.
The court recognized the severe disadvantage online retailers have compared to brick-and-mortar retailers. For example, during an in-store transaction, a merchant can verify the identification of the cardholder by comparing the signature on the credit card transaction form with the signature on the credit card or by viewing a driver’s license to ensure the photo matches the cardholder and the name on the license matches the name on the credit card. Thus, the court determined traditional stores have no genuine need to collect personal identification information.
Alternatively, online retailers do not have these safeguards against fraud when selling an electronically downloadable product. Because the online retailer is unable to visually inspect the credit card, the signature on the back of the card, or the customer’s photo identification, the court found that the antifraud mechanisms contained in §1747.08(a) have no practical application to online retailers that sell electronically downloadable products.
Importantly, Apple v. Superior Court does not apply to online transactions that do not involve electronically downloadable products or to any other transactions that do not involve in-person, face-to-face interaction between the customer and retailer. Time will tell if other exceptions will fall in line.
In dissent, Justice Joyce L. Kennard said the majority decision is “a major win for these sellers, but a major loss for consumers, who in their online activities already face an ever-increasing encroachment upon their privacy.” Kennard was displeased with the majority’s departure from the unanimous holding in Pineda and with its trespass on the Legislature’s “domain” by ruling far outside the statute’s plain language to carve an exception for online retailers.
Justice Marvin R. Baxter also dissented, arguing that the majority’s decision is contrary to the terms, purpose and legislative history of §1747.08(a). Baxter maintained that the “statutory terms reflect a legislative determination that heightened privacy interests in personal information such as addresses and telephone numbers outweigh the necessity or usefulness of such information for any supposed fraud prevention purpose in card-not-present transactions.” He found no support for the majority’s assumption that the legislative intent underlying the statute extends to protecting consumers and retailers from fraud or that Apple’s request for addresses and telephone numbers was necessary to combat fraud.
It will be interesting to see what transpires next in terms of a judicial and legislative response.


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C. W. Forsberg, “Alternative Passive Decay-Heat System for the Advanced High-Temperature Reactor,” Proc. 2006 Int. Congress on Advances in Nuclear Power Plants (ICAPP '06), Reno, Nev., June 4–8, 2006.
D. T. Ingersoll and C. W. Forsberg, “Overview and Status of the Advanced High-Temperature Reactor,” Proc. 2006 Int. Congress on Advances in Nuclear Power Plants (ICAPP '06), Reno, Nev., June 4–8, 2006.
C. W. Forsberg, “Fuel Characteristics and Requirements for the Advanced High-Temperature Reactor,” 2006 ANS Annual Meeting, Embedded Topical: Nuclear Fuels and Structural Materials for the Next Generation Nuclear Reactors, Reno, Nev., June 4–8, 2006, Trans. Am. Nucl. Soc. 94, 645–647 (2006).
C. W. Forsberg, “Advanced-High-Temperature-Reactor Spent-Fuel Characteristics and Repository Impacts,” Proc. 11th Int. High-Level Radioactive Waste Management Conference (IHLRWM), Las Vegas, Nev., Apr. 30–May 4, 2006.
C. W. Forsberg, “The Advanced High-Temperature Reactor - AHTR,” Chapter XXVI in Status of Innovative Small and Medium Sized Reactor Designs 2005: Reactors with Conventional Refueling Systems, V. V. Kuznetsov (ed.), IAEA-TECDOC-1485, International Atomic Energy Agency, Vienna, 2006.
C. W. Forsberg, “The Advanced High-Temperature Reactor: High-Temperature Fuel, Liquid Salt Coolant, and Liquid-Metal Plant,” Progress in Nuclear Energy 47(1-4) 32–43 (2005).
K. T. Clarno, C. W. Forsberg, and J. C. Gehin, “Physics Analysis of Coolant Voiding in the Advanced High-Temperature Reactor (AHTR),” 2005 ANS Winter Meeting, “Talk About Nuclear Differently: A Good Story Untold,” Washington, D.C., Nov. 13–17, 2005, Trans. Am. Nucl. Soc. 93, 977–980 (2005).
C. W. Forsberg , P. F. Peterson , and D. F. Williams, "Liquid-Salt-Cooling for Advanced High-Temperature Reactors," Proc. 2005 Int. Conf. on Advances in Nuclear Power Plants (ICAPP ’05), Seoul, Korea, May 15–19, 2005, American Nuclear Society, 2005.
C. W. Forsberg , P. F. Peterson, and D. F. Williams, "Practical Aspects of Liquid-Salt-Cooled Fast-Neutron Reactors," Proc. 2005 Int. Conf. on Advances in Nuclear Power Plants (ICAPP ’05), Seoul, Korea, May 15–19, 2005, American Nuclear Society, 2005.
C. W. Forsberg and K. T. Clarno, “The Advanced High-Temperature Reactor (AHTR): Flux Distribution and Dosimetry,” Twelfth Int. Symp. on Reactor Dosimetry, Gatlinburg, Tenn., May 8–13, 2005, to be published in Journal of ASTM International, ASTM, West Conshohocken, Pa.
C. W. Forsberg, “The Longer-Term Option: The Advanced High-Temperature Reactor,” Proc. Next Generation Nuclear Plant Goals and Challenges, Center of Advanced Nuclear Energy Systems, Massachusetts Institute of Technology, Cambridge, Mass., Feb. 23–24, 2005.
D. T. Ingersoll, E. J. Parma, C. W. Forsberg, and J. P. Renier, “Core Physics Characteristics and Issues for the Advanced High-Temperature Reactor (AHTR) Concept,” Workshop on Advanced Reactors with Innovative Fuels (ARWIF-2005), Oak Ridge, Tenn., Feb. 16–18, 2005, Nuclear Science Committee, OECD Nuclear Energy Agency, Paris, France.
C. W. Forsberg, P. F. Peterson, and H. Zhao, “Sustainability, Water, Dry Cooling, and the Advanced High-Temperature Reactor,” 2004 ANS Winter Meeting: “Leadership Toward a Progressive, Integrated Nuclear Community - Going Forward Together,” Washington, D. C., Nov. 14–18, 2004, Trans. Am. Nucl. Soc. 91, 415–417 (2004).
C. W. Forsberg, “The Advanced High-Temperature Reactor: High-Temperature Fuel, Molten Salt Coolant, and Liquid-Metal Plant,” Proc. 1st COE-INIES Int. Symp. (INIES-1), Tokyo Institute of Japan, Tokyo, Japan, Oct. 31–Nov. 4, 2004.
C. W. Forsberg, P. F. Peterson, and L. Ott, “The Advanced High-Temperature Reactor (AHTR) for Producing Hydrogen to Manufacture Liquid Fuels,” Proc. 2004 Americas Nuclear Energy Symposium, Miami Beach, Fla., Oct. 3–6, 2004, American Nuclear Society, La Grange Park, Ill.
S. J. Ball and C. W. Forsberg, “Advanced High-Temperature Reactor (AHTR) Loss-of-Forced Circulation Accidents,” Proc. 2nd Int. Topical Meeting on High-Temperature Reactor Technology (HTR2004), Beijing, China, Sept. 20–24, 2004, International Atomic Energy Agency, Vienna, Austria, 2004.
C. W. Forsberg, P. F. Peterson, and H. Zhao, “An Advanced Molten Salt Reactor Using High-Temperature Reactor Technology,” Proc. 2004 Int. Congress on Advances in Nuclear Power Plants (ICAPP’04), Embedded Topical: 2004 American Nuclear Society Annual Meeting, Pittsburgh, Pa., June 13–17, 2004, American Nuclear Society, La Grange Park, Ill.
C. W. Forsberg, P. F. Peterson, and P. Pickard, “Maximizing Temperatures of Delivered Heat From the Advanced High-Temperature Reactor,” Proc. 2004 Int. Congress on Advances in Nuclear Power Plants (ICAPP’04), Embedded Topical: 2004 American Nuclear Society Annual Meeting, Pittsburgh, Pa., June 13–17, 2004, American Nuclear Society, La Grange Park, Ill., 2004.
C. W. Forsberg and M. A. Feltus, “Fuel Requirements for the Advanced High-Temperature Reactor: Graphite Coated-Particle Fuel and Molten Fluoride Salt Coolant,” Technical Meeting on Current Status and Future Prospects of Gas-Cooled Reactor Fuels, Vienna, Austria, June 7–9, 2004.
C. W. Forsberg, “A Large Low-Pressure Advanced High-Temperature (AHTR),” Proc. 14th Pacific Basin Nuclear Conference, Honolulu, Hawaii, Mar. 21–25, 2004, American Nuclear Society, La Grange Park, Ill., 2004.

matches: V. V. V. V. V. V. V. V. V.


text:
Johnson Middle School is an important historical site in the in the story of American Civil Rights. Johnson is the location of the Mendez farm. The Mendez family sued Westminster for the right of their children to attend a "white" school. This landmark civil rights case set the stage for Brown vs. the Board of Education which made segregation of public schools illegal in the United States.
Mendez v. Westminster brought an end to segregation in O.C.
schools - and ultimately throughout the state and nation.
their aunt and three cousins to enroll at the 17th Street School in Westminster.
allowed; they had to enroll at the "Mexican" school 10 blocks away.
in California and was a precedent seven years later for Brown v. Board of Education.
who now lives in Fullerton.
children also attended separate schools), but it wasn't always the case.
legislature changed a few laws.
non-white students were educated in segregated schools.
1896 case of Plessy v. Ferguson, was the law of the land.
was being interned at Poston, Ariz.
went to the Orange County School District. They rejected his requests that his children be allowed to enroll.
rights attorney, to sue the Westminster school district.
injunction that would order the schools to integrate.
Lorenzo Ramirez) on behalf of 5,000 similarly situated children.
right thing to do. He was going to right a wrong."
not treated equally by attending inferior schools with substandard books.
Marcus also argued that the Mexican children were not given adequate language testing before inclusion in the "Mexican"
The school districts' lawyer, on the other hand, said education was a state matter and the federal courts had no jurisdiction.
immersion with the already fluent English students.
extensively on the Mendez v. Westminster case. "That decision overturned a law that said segregation was OK."
Mendez v. Westminster also paved the way for another historic civil rights trial.
precedent when he argued Brown v. Board of Education in front of the U.S. Supreme Court.
ground was broken in Santa Ana for the Gonzalo Felicitas Mendez Fundamental Intermediate School. It opened in 2001.
State Board of Education does not include the case in its K-12 content standards.
should be ashamed of themselves for not including it. It's remarkable and frustrating."
But some people are trying to raise the awareness.
beginning of the conversation," says Robbie, who also has co-written a children's book called "Mendez vs. Westminster."
fighting the good fight. Now, Mendez, who speaks at schools throughout the region, says it's her mission to tell people.
make sure everyone knows what you did."

matches: v. v. v. v. v. v.


1. in the table of contents "section 99a. account for after the entry Special treaty provisions concerning payment transactions"the entry"under article 5 special provisions for the lower threshold band"and the entry"§ 100th choice of the principle of contract"; the entry for section 231 reads "§ 231. request of the documents by the customer, proof of the power sector and professional reliability, evaluation of professional reliability"; After the new entry "§ 231. request of the documents by the customer, proof of the power sector and professional reliability, evaluation of professional reliability" is the entry "section 231a. Self-certification"added.
"33a. subcontractor is an entrepreneur who performs parts of the order issued to the contractor. The mere supply of commercially available goods or components which are necessary for the provision of a service, is no subcontractors performance."
3. in the articles 14, paragraph 3, third sentence, 15 para 4 third set and 16 par. 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.
4. in article 18, paragraph 1, the expression "§ 70 para 3," is omitted.
"(4) any subdivision of the job into lots is carried out, so the client has this in the invitation to tender or the contract award notice (article 136 para 1) to justify."
6 in § 46 para 3 and 79 para 2 the reference "section 71" is replaced by the reference "section 71, paragraph 1".
"(2) If a client of the view is that the implementation of a procurement procedure without prior publication of notice in the upper sill is allowed, can the contracting authority of the Commission by using the relevant standard form for notices the decision announce, the surcharge is to be granted which bidder."
"Unless a contracting authority for the view that the implementation of a procurement procedure without prior publication of notice in the threshold area is permissible, the customer may disclose the decision to awarded the contract which bidder, in the publication medium established in accordance with article 52, paragraph 1 for the scope of enforcement."
"(1) without prejudice to the deadlines in the examine and approval procedure to be applied provisions of the General administrative procedures Act 1991 (AVG), Federal Law Gazette No. 51/1991, takes on the deadlines in the meaning of this federal law section 903 of the General Civil Code (ABGB), DL No. 946 / 1811, application."
10. in article 70, paragraph 6 the reference "para 2 and 3" with the reference "2 to 4" will be replaced.
"(2) the contractor has an information from the administrative criminal evidence of the Wiener Gebietskrankenkasse as competence centre for wage and social dumping to obtain combat (Kompetenzzentrum LSDB) in accordance with § 7n of the labor contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, attributable to k AVRAG whether this a final decision according to § 7 is candidates coming for the procurement procedures in considering, tenderers and their subcontractors. This information should not be older than six months."
"The principal has candidates coming for the procurement procedures in considering, tenderers and their subcontractors receive information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section 28B of the aliens Employment Act (aliens), BGBl. to overtake No. 218/1975, and a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG, whether this a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens or attributed to pursuant to § 7i section 4 or 5 of the AVRAG." This information may not be older than six months. "
13. in article 73, paragraph 1, the phrase "collected information" is replaced by the phrase "collected information".
"In assessing the gravity of the final punishment in accordance with article 28, paragraph 1, Z is 1 aliens in particular, the number of workers involved and the duration of the illegal employment and in assessing the gravity of the final punishment in accordance with § 7i para 4 or 5 AVRAG is taken into account in particular the extent of low pay. "There are more than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens or in accordance with section 7i para 4 or 5 AVRAG or two legal punishments were carried out within the last twelve months, a stricter yardstick to apply."
1. it is a spiritual service (§ 2 Z 18) is, or 2. the contracting entities in the tender alternative offers specifically for permitted (§ 81 para 1) or 3. the description of the performance essentially functional (§ 95 para. 3) takes place or 4 is it services, does not admit a prior overall pricing after or because of the nature with the performance-related risks , and so a negotiated procedure is performed (article 28, paragraph 1 Z 3, article 29, paragraph 1 Z 2, article 30, paragraph 1 Z 2) or 5th in the tendering of suitable guidelines (§§ 97, para. 2 and 99 para 2) derogated from will and thus no comparable offers are expected or 6 the services to be provided in such a way are not so precisely that contractual specifications can be set , that the order can be awarded by the choice of the best offer in the open or restricted procedure with prior publication of notice (article 30, paragraph 1 Z 3), running 7 in future standing offer evaluation performance related or incidental cost effective factors (E.g. operating and maintenance, services, necessary spare parts warehousing, disposal) should be included or 8 is a construction job ", whose estimated value is at least 1 000 000 euros, or 9 is the procurement of foodstuffs according to CN code 02 (meat and edible meat offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit) is it."
"(3a) the surcharge is to be granted to the technically and economically most favourable offer, so has the contracting authority in the contract notice or in the tender documents all award criteria, it stipulates how to use them to specify relative importance granted to them. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the principal so the contracting authority in the contract notice or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to."
"(2) the Tenderer has all parts of the contract he intends to award by means of sub contracts to subcontractors, and each eligible subcontractors offer to announce. Derogation the principal objective reasons may specify in the tender documents, that only the parts specified by him of the order to which the offeror by means of sub contracts to subcontractors award intends, as well as the each eligible contractors offer to announce."
"(4) the principal may for works or service contracts, as well as installation or installation work relating to a purchase order require that certain critical tasks by the bidder itself, from one with this related company (§ 2 Z 40), or - in the case of participation of a work or grouping the allocation procedure - by a member of this work or grouping must be executed."
(5) after contract award, the contractor has the contracting authority in writing and connection of all necessary evidence to examine the suitability of the subcontractor be communicated any intended change of a subcontractor or any intended use a subcontractor does not offer announced. The usage of these subcontractors the provision may only be without the prior consent of the customer. The consent of the client is, as well as a possible rejection, must be notified immediately and may be refused only for factual reasons. The consent of the customer is considered to have been granted, if the contracting authority has rejected the subcontractor within three weeks after receipt of the notice referred to in the first sentence. The necessary documents are not completely closed, the first sentence of the notification pursuant to the client shall immediately notify the contractor and to request him to submit of the outstanding documents. This prompt inhibits the continuity of the period laid down in the fourth set until the full submission of the required documents. The corresponding commitments to resolve are the offer."
"The customer has to provide in the invitation to tender, that the preparation of the offer for services to be provided in Austria, taking into account the labour and social regulations applicable in Austria (in particular of the relevant collective agreements, of the ArbeitnehmerInnenschutzgesetzes - after, Federal Law Gazette No. 450/1994, of the working hours Act - AZG, BGBl. No. 461/1969, of the work in peace law - ARG, BGBl. No. 144/1983, of the AVRAG and the equal treatment Act - GlBG, Federal Law Gazette I no. 66/2004) has to be done and that undertakes" ", in the implementation of the order in Austria to comply with these rules."
20 in the 2nd part, 3 main units, 6 section 5 sub-section is eliminated.
"2a. the respective undertakings pursuant to § 83 para 5;"
"1 in the price of all essential positions all directly allocatable personnel, material, equipment, outwork - and capital costs are included and whether the income and consumption approaches, as well as personnel costs, these underlying collective agreements, are comprehensible offer particularly in regard to the;"
23. in the sections 182, paragraph 3, third sentence, 183 para 4 third set and 184 paragraph 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.
24. in article 186, paragraph 1, the expression "article 231 para 3," is omitted.
"(2) If a sector procurer of the view is that the implementation of a procurement procedure without prior call for competition in the upper sill is allowed, can the sector contracting authority of the Commission by using the relevant standard form for notices the decision announce, the surcharge is to be granted which bidder."
"Unless a sector contracting authorities of consider that the implementation of a procurement procedure without prior call for competition in the emerging area is permissible, the sector client may disclose the decision to awarded the contract which bidder, in the publication medium established in accordance with article 216, paragraph 1 for the scope of the execution."
"(1) without prejudice to the on time limits in the Nachprüfungs-and approval procedure to be applied provisions of the AVG ABGB is on time limits within the meaning of this Federal Act § 903 application."
1 professional power, 2. professional reliability, 3. financial and economic performance, as well as to have technical efficiency 4. Evidence may be set only as far as it is justified by the subject of the order. While the sector client has to take into account the legitimate interests of the contractor to protect of his technical or trade secrets.
(2) the contractor may lead evidence of power, reliability, and performance by proof of registration in a relevant, publicly available directory of third-party provided the documents specified by the contracting authority of the sector in the currency required by the contracting authority of the sector are this and directly accessible by the client of the sector. The entrepreneur can lead evidence of power, reliability and performance with other than the documents specified by the contracting authority of the sector, unless the specified documents for a justifiable reason can not be taught, and the submitted documents have the same validity as those originally laid. The proof of the same significance is to deliver from the contractor when requested.
(3) in the case of tenders by a consortium or a consortium, each Member has to prove the powers for the performance part specifically incurred to him in accordance with the section 231a.
(4) the sector client has as a proof for the existence of the relevant authority in accordance with paragraph 1 Z 1 about applicant coming for the award considering to obtain also a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG bidders and their subcontractors, attributable to k AVRAG whether this a final decision in accordance with article 7. This information should not be older than six months.
(5) the sector principal Z 2 candidates coming for the procurement procedures in considering, bidders and their subcontractors at least has as proof for the existence of professional reliability pursuant to par. 1 information of central administrative punishment evidence of the Federal Minister of finance in accordance with obtaining section 28 b aliens and a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG, whether this a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens or attributed to pursuant to § 7i section 4 or 5 of the AVRAG. This information must be not older than six months.
(6) the sector client has to use the assessment of professional reliability of operator in particular the evidence required under paragraph 1 and the information collected in accordance with paragraph 5. Results from these certificates, that is a final judgment within the meaning of § 229 1 Z 1 or 4 or the sector contracting because of this certificates demonstrably establishes Z 5 within the meaning of § 229 1 a misconduct or the sector principal otherwise of such a judgment, such misconduct demonstrably become aware, so the required reliability is not given to this company , unless he makes it credible, that despite this circumstance he is reliable.
1. the introduction of a high-quality report and control system, 2. the intervention of an organ of the internal audit to the regular verification of compliance with the relevant regulations, 3. the introduction of internal liability and compensation rules to comply with the relevant legislation.
(8) the sector client has to consider the arguments of the operator and to put the measures taken by the contractor in relation to the number and the severity of the committed offences or misdemeanours in assessing the reliability. In assessing the gravity of the final punishment in accordance with article 28, paragraph 1, Z is 1 aliens in particular, the number of workers involved and the duration of the illegal employment and in assessing the gravity of the final punishment in accordance with § 7i para 4 or 5 AVRAG is taken into account in particular the extent of low pay. There are more than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens or according to § 7i para 4 or 5 AVRAG or two legal punishments were carried out within the last twelve months, is a more stringent standard to apply.
section 231a. (1) candidates or tenderers can their power, reliability, and performance by the submission of a declaration have shown that they can meet the eligibility criteria required by the contracting authority of the sector and immediately teach the specified evidence prompted (self-certification). In such a declaration are the powers to specify that the contractor has specifically.
(2) in the case of the award of contracts, the sector client can demand certain evidence of certain candidates or tenderers if necessary according to the sector principal. For the award of contracts in the upper sill of the sector contracting authority prior to contract award has to request the submission of specified evidence of the tenderer in any case; for a public procurement into lots, this applies only when the estimated value of the individual lot reached the respective threshold referred to in article 180, paragraph 1.
(3) according to the par. 2 sector contracting authority may require the contractor, required evidence within a reasonable period of time or to complete proposed certificates within a reasonable period of time to explain. Evidence can be submitted also in copy or electronically."
29. in paragraphs 236 par. 2 and 248 para 6 is substituted the phrase "in accordance with § 231" with the phrase "in accordance with the § § 231 and 231a".
1. it is a spiritual service (§ 2 Z 18) is, or 2. the contracting entities in the tender alternative offers specifically for permitted (§ 238 section 1) or 3. the description of the performance essentially functional (section 245 subsection 3) takes place or 4 is it services, after or because of the nature with the performance-related risks do not allow a prior overall pricing , 5. a particularly complex job is it, because the principal is objectively not able to specify the technical specifications in accordance with section 247 (4), with which his needs and requirements can be met, or the legal or financial terms of his project, or 6 the services to be provided in such a way are not so precisely that contractual specifications can be set , by the choice of the best offer in the open or restricted procedure after prior call for competition can be procured, or running 7th in standing offer evaluation performance related future or accumulating cost effective factors (E.g. operating and maintenance, services, necessary spare parts warehousing, disposal) should be included or 8 a construction job is, whose estimated value is at least 1 000 000 euro ", or 9 to the procurement of foodstuffs according to CN code 02 (meat and edible meat offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit) is there."
"(3a) the order is to be granted to the technically and economically most favourable offer, the sector client in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents all award criteria, it provides for their use, to specify relative importance to. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the sector contracting authority so the sector client in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to."
"(2) the Tenderer has all parts of the contract he intends to award by means of sub contracts to subcontractors, and each eligible subcontractors offer to announce. Derogation, the sector contracting for factual reasons can set in the tender documents, that only the parts specified by him of the order to which the offeror by means of sub contracts to subcontractors award intends and each eligible subcontractors on offer are to announce.
(3) the transfer of the entire order or parts of the performance, the power required for the execution of its part is only to the extent permissible, as the subcontractor, has performance as well as the professional reliability. The subcontractor can prove necessary power, performance and professional conduct in accordance with the section 231a."
"(4) the sector principal may for works or service contracts, as well as installation or installation work relating to a purchase order require that certain critical tasks by the bidder itself, from one with this related company (§ 2 Z 40), or - in the case of participation of a work or grouping the allocation procedure - by a member of this work or grouping must be executed."
(5) after contract award, the contractor has the sector client in writing and connection of all necessary evidence to examine the suitability of the subcontractor be communicated any intended change of a subcontractor or any intended use a subcontractor does not offer announced. The usage of these subcontractors the provision may be only with the prior consent of the sector principal. The consent of the sector principal is, as well as a possible rejection, must be notified immediately and may be refused only for factual reasons. The consent of the sector principal is considered to have been granted if the sector contracting authority has rejected the subcontractor within three weeks after receipt of the notice referred to in the first sentence. The necessary documents are not completely closed, the first sentence of the notification pursuant to the sector client shall immediately notify the contractor and to request him to submit of the outstanding documents. This prompt inhibits the continuity of the period laid down in the fourth set until the full submission of the required documents. The corresponding commitments to resolve are the offer."
34. in section 247a, paragraph 7, the reference is replaced "par. 1 to 4" with the reference "paragraphs 1 to 5".
"The provisions apply (7) for the choice of the award criteria in the emerging area of article 236 par. 3 and 3a."
the corresponding undertakings in accordance with article 240 paragraph 5;"
"2. in accordance with the § § 231 and 231a the power, performance, and reliability of the tenderer or - transfer services - the designated subcontractor;"
"(1) the offers that remain after the departure of the surcharge in accordance with the specifications in the invitation to tender is to provide technically and economically best offer or the offer with the lowest price."
(1) the Federal Administrative Court "rules in the Affairs of the section 291, insofar as not withdraw a review request to the decision on an application for issuing a preliminary injunction, the decision on fees replacement in accordance with article 319, paragraph 3 or the decision about a procedure setting after, in-person divisions."
"(7) an application under section 331, paragraph 1 Z 2 is also inadmissible when the principal in a permissible manner according to established that decision pursuant to §§ 49 para 2, 55 paragraph 5, has posted 210 paragraph of 2 or 219 paragraph 5 or made known and the contract after expiry of a period of ten days after the initial availability has been given the notice."
"(18) for the entry into force of the Federal Act Federal Law Gazette I no. 7 / 2016 redrafted provisions, the following applies:"
1. the revised version of the entry to § 231 and the insertion of the entry to 231a section in the table of contents, section 2 Z 33a, section 14, subsection 3 third sentence, § 15 para 4 third sentence, § 16 par. 5 third sentence, article 18, paragraph 1, article 22 para 4, § 46 para 3, § 49 para 2, § 55 paragraph 5 first sentence, § 56 para 1, § 70 para 6, in § 71 the paragraph designation of paragraph 1 , Section 71, paragraph 2, article 72, paragraph 1 second and third sentences, section 73, paragraph 1 and paragraph 3 second and third sentences § 79 paragraph 2, 3 and 3a, § 83 para 2, 4 and 5, section 84, paragraph 2 first sentence, section 108, paragraph 1 Z 2 and 2a, § 125 ABS. 4 Z 1, section 182 paragraph 3 third sentence, section 183 (4) third sentence, article 184 para 5 third sentence , Article 186, paragraph 1, article 210, par. 2, article 219, paragraph 5 first sentence, section 221, paragraph 1, paragraphs 231 and 231a each together with headline, article 236 paragraph 2, 3 and 3a, § 240 para 2-5, section 247a paragraph 7, § 248 par. 6 and 7, article 257, paragraph 1 No. 2 and 2a, § 267 par. 2 Z 2, § 271 par. 1, article 292, paragraph 1, section 332 paragraph 7, section 351 Z 22 and annex XV section F Z 1 apply with March 1, 2016; at the same time, 5. sub-section override step 6 section the entry to the 5 subsection in the 2nd part, 3 main units, 6 section and the entry for section 100 in the table of contents, as well as in the 2nd part, 3 main units.
2. the procurement procedures already initiated at the time of in - or expiry referred to in no. 1 are according to the legal situation at the time of the introduction of the respective procurement procedure to finish. The proceedings at the time of the in - or expiry referred to in no. 1 at the Federal Administrative Court are to continue by the Federal Administrative Court according to the legal situation at the time of the introduction of the respective procurement procedure. With regard to the procurement procedures, which are already finished at the time referred to in subpara 1, carrying out approval procedures according to the legal situation at the time of the introduction of the respective procurement procedure depends."
"22 Directive 2013/16/EC of the Council of May 13, 2013 to adapting certain directives in the field of public procurement as a result of the accession of the Republic of Croatia OJ No. L 158 of the 10.06.2013, S. 184."
42. in annex XV section F, no. 1 is the phrase "or § 231" replaced by the phrase "or the § § 231 and 231a".
1. in the table of contents is the reference "section 60 Z 1" in the entry on Annex V by the reference "article 60, paragraph 1 Z 1" replaced.
"32. sub contract is a paid contract for the execution of part of the order issued to the contractor.
32A. subcontractor is an entrepreneur who performs parts of the order issued to the contractor. The mere delivery of goods or components which are necessary for the provision of a service, is no subcontractors performance."
"3. for orders, the special rules of procedure are subject to and are awarded on the basis of one between the Republic of Austria and one or more other Member States of the European Union and one or more third countries completed (International) agreement or agreement or (International) agreement concluded on the basis of one between the Republic of Austria and one or more third countries, or understanding," 4. In the articles 12, paragraph 3, third sentence, 13 para 4 third set and 14 paragraph 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.
"Unless a contracting authority for the view that the implementation of a procurement procedure without prior publication of notice in the threshold area is permissible, the customer may disclose the decision to awarded the contract which bidder, in the medium of publication established in accordance with article 44, paragraph 1 for the scope of enforcement."
10. in article 62, paragraph 1, the phrase "collected information" is replaced by the phrase "collected information".
12. in article 68, paragraph 2 the reference "section 60" with the reference "article 60 par. 1" will be replaced.
"(5) for the entry into force of the Federal Act Federal Law Gazette I no. 7 / 2016 redrafted provisions, the following applies:"
1. the revised version of the entry on Annex V in the table of contents, § 3 Z 32 and 32a, section 9, paragraph 1 Z 3, article 12, para. 3 third sentence, § 13 para 4 third sentence, § 14 para 5 third sentence, § 41 para 2, § 47 para. 5 first sentence, § 48 para 1, § 60 the paragraph designation of para 1, § 60 paragraph 2, article 61, paragraph 1 second and third sentences , Article 62, paragraph 1 and paragraph 3 second and third sentence, § 68 para 2, § 150 Z 4 and the heading to annex V apply with March 1, 2016.
The procurement procedures already initiated at the time of in - or expiry referred to in no. 1 are according to the legal situation at the time of the introduction of the respective procurement procedure to finish. The proceedings at the time of the in - or expiry referred to in no. 1 at the Federal Administrative Court are to continue by the Federal Administrative Court according to the legal situation at the time of the introduction of the respective procurement procedure. With regard to the procurement procedures, which are already finished at the time referred to in subpara 1, carrying out approval procedures according to the legal situation at the time of the introduction of the respective procurement procedure depends."
"4. Directive 2013/16/EC of the Council of May 13, 2013 to adapting certain directives in the field of public procurement as a result of the accession of the Republic of Croatia OJ No. L 158 of the 10.06.2013, S. 184."
15 in the title the reference to annex V is "section 60 Z 1" with the reference "article 60, paragraph 1 Z 1" replaced.


text:
[Bazaz 2018] A Bazaz, H. Borges, E. Ogasawara, STMotif: Discovery of Motifs in Spatial-Time Series, CRAN Repository: https://cran.r-project.org/web/packages/STMotif/index.html, 2018.
[Camata 2018] J. Camata, V. Sousa, P. Valduriez, M. Mattoso, A. Coutinho. In situ visualization and data analysis for turbidity currents simulation. Computers & Geosciences 110: 23-31, 2018.
[Cruz 2018] A. Cruz, J. Ferreira, D. Carvalho, E. Mendes, E. Pacitti, R. Coutinho, F. Porto, E. Ogasawara. Detecçao de Anomalias Frequentes no Transporte Rodoviario Urbano. Brazilian Symposium on Databases (SBBD), 271-276, 2018.
[Ferreira 2018] J. Ferreira, J. Soares, F. Porto, E. Pacitti, R. Coutinho, E. Ogasawara. Rumo à Integração da Álgebra de Workflows com o Processamento de Consulta Relacional. Brazilian Symposium on Databases (SBBD), 205-210, 2018.
[Liu 2018a] J. Liu, N. Lemus, E. Pacitti, F. Porto, P. Valduriez. Computation of PDFs on Big Spatial Data: Problem & Architecture. Latin America Data Science Workshop (LADaS), in conjunction with VLDB2018, 6 pages, 2018.
[Liu 2018b] J. Liu, L. Pineda, E. Pacitti, A. Costan, P. Valduriez, G. Antoniu, M. Mattoso. Efficient Scheduling of Scientific Workflows using Hot Metadata in a Multisite Cloud. IEEE Trans. on Knowledge and Data Engineering (TKDE), In press, pp.1-20, DOI: 10.1109/TKDE.2018.2867857, 2018.
[Porto 2018a] F. Porto, A. Khatibi, J. Rittmeyer, E. Ogasawara, P. Valduriez, D. Shasha. Constellation Queries over Big Data. Brazilian Symposium on Databases (SBBD), 85-96, 2018.
[Porto 2018b] F. Porto, J. Rittmeyer, E. Ogasawara, A. Krone-Martins, P. Valduriez, D. Shasha. Point Pattern Search in Big Data. Int. Conf. on Scientific and Statistical Database Management (SSDBM),21:1-21:12, 2018.
[Silva 2018a] V. Silva. Analysis of raw data from multiple data sources during the execution of computational simulations. Ph.D. Thesis, UFRJ, 2018.
[Silva 2018b] V. Silva, D. de Oliveira, P. Valduriez, M. Mattoso. DfAnalyzer: Runtime Dataflow Analysis of Scientific Applications using Provenance. Proceedings of the VLDB Endowment (PVLDB), 11(12): 2082-2085, 2018.
[Silva 2018c] V. Silva, R. Souza, J. Camata, D. de Oliveira, P. Valduriez, A. Coutinho, M. Mattoso. Capturing Provenance for Runtime Data Analysis in Computational Science and Engineering Applications. International Provenance and Annotation Workshop (IPAW), LNCS v. 11017. p. 183-187, 2018.
[Silva 2018d] V. Silva, J. Camata, D. de Oliveira, P. Valduriez, M. Mattoso, A. Coutinho. Integrating In-Situ Data Analysis and Visualization on libMesh library. World Congress in Computational Mechanics, (WCCM), 2018.
[Silva Jr. 2018a] D. Silva Jr., A. Paes, E. Pacitti, D. de Oliveira. FReeP: towards parameter recommendation in scientific workflows using preference learning. Brazilian Symposium on Databases (SBBD), 211-216, 2018.
[Silva Jr. 2018b] D. Silva Jr., A. Paes, E. Pacitti, D. Oliveira. Data Quality Prediction in Scientific Workflows. In preparation, 2018.
[Souza 2018] R. Souza, V. Silva, A. Coutinho, P. Valduriez, M. Mattoso. Data Reduction in Scientific Workflows using Provenance Monitoring and User Steering. Future Generation Computer Systems (FGCS), Elsevier, In press, pp.1-21, DOI: 10.1016/j.future.2017.11.028, 2018.
[Valduriez 2018] P. Valduriez, M. Mattoso, R. Akbarinia, H. Borges, J. Camata, A. Coutinho, D. Gaspar, N. Lemus, J. Liu, H. Lustosa, F. Masseglia, F. Noriegua da Silva, V. Silva, R. Souza, K. Ocaña, E. Ogasawara, D. Oliveira, E. Pacitti, F. Porto, D. Shasha. Scientific Data Analysis Using Data-Intensive Scalable Computing: the SciDISC Project. Latin America Data Science Workshop (LADaS), in conjunction with VLDB2018, 8 pages, 2018.
[Khatibi 2017] A. Khatibi, F. Porto, J. Rittmeyer, E. Ogasawara, P. Valduriez, D. Shasha. Pre-processing and Indexing Techniques for Constellation Queries in Big Data. Int. Conf. on Big Data Analytics and Knowledge Discovery (DaWaK), 164-172, 2017.
[Liu 2017] J. Liu, E. Pacitti, P. Valduriez, M. Mattoso. Scientific Workflow Scheduling with Provenance Data in a Multisite Cloud. Trans. on Large-Scale Data- and Knowledge-Centered Systems (TLDKS), 33: 80-112, 2017.
[Pineda-Morales 2017] L. Pineda-Morales, J. Liu, A. Costany, E Pacitti, G. Antoniu, P. Valduriez, M. Mattoso. Efficient Scheduling of Scientific Workflows using Hot Metadata in a Multisite Cloud. BDA : Conf. sur la Gestion de Données — Principes, Technologies et Applications, 2017.
[Camata 2017] J. Camata, V. Silva, P. Valduriez, M. Mattoso, A. Coutinho. In Situ Visualization and Data Analysis for Turbidity Currents Simulation. Computers & Geosciences, 110, pp.23 – 31, 2017.
[Campisano 2017], R. Campisano, Sequence Mining in Spatial-Time Series (Master Degree Dissertation), CEFET/RJ, 2017.
[Cruz 2017], A.B. Cruz, J. Ferreira, B. Monteiro, R. Coutinho, F. Porto, E. Ogasawara, Detecção de Anomalias no Transporte Rodoviário Urbano, Brazilian Symposium on Databases (SBBD), 2017.
[Porto 2017] F. Porto, A. Khatibi, J. Nobre, E. Ogasawara, P. Valduriez, D. Shasha. Constellation Queries over Big Data. CoRR abs/1703.02638, 2017.
[Gaspar 2017] D. Gaspar, F. Porto, R. Akbarinia, E. Pacitti, TARDIS: Optimal Execution of Scientific Workflows in Apache Spark. Int. Conf. on Big Data Analytics and Knowledge Discovery (DaWaK), 74-87, 2017.
[Silva 2017] V. Silva, J. Leite, J. Camata, D. de Oliveira, A. Coutinho, P. Valduriez, M. Mattoso. Raw data queries during data-intensive parallel workflow execution. Future Generation Computer Systems, Elsevier, 75: 402-422, 2017.
[Souza 2017a] R. Souza, V. Silva, P. Miranda, A. Lima, P. Valduriez, M. Mattoso. Spark Scalability Analysis in a Scientific Workflow. Brazilian Symposium on Databases (SBBD), Best Paper Award, 2017.
[Souza 2017b] R. Souza, V. Silva, J. Camata, A. Coutinho, P. Valduriez, M. Mattoso. Tracking of Online Parameter Fine-tuning in Scientific Workflows. Workshop on Workflows in Support of Large-Scale Science (WORKS), ACM/IEEE Supercomputing Conference, 2017.

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