Law," as provided by the notice posting requirements of the equal opportunity clause.

§ 303.6-4 Reports and other required information.

(a) Requirements for prime contractors and subcontractors. (1) TVA requires each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (i) is not exempt from the provisions of this section in accordance with § 303.5; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, subcontract, or purchase order amounting to $50,000, or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets the requirements in subdivisions (i), (ii), and (iv) of this paragraph (a)(1).

(2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with TVA within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as TVA or the Director may require. TVA with the approval of the Director, may extend the time for filing any report.

(3) The Director, TVA or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish, in the form requested, within

reasonable limits, such information as the Director, TVA, or the applicant deems necessary for the administration of the order.

(4) The failure to file timely, complete, and accurate reports, as reconstitutes quired, noncompliance with the prime contractor's or subcontractor's obligations under the equal opportunity clause and is a ground for the imposition by TVA, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the order and the regulations in this part. Any such failure which TVA is unable to correct shall be reported in writing to the Director by TVA as soon as practicable after it

occurs.

(b) Requirements for bidders or prospective contractors. (1) TVA requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows:

The bidder represents that he:

1. Has participated in a previous contract or subcontract subject to the equal opportunity clause in form TVA 9923 or the almost identical equal opportunity clauses previously required under Executive Orders 10925 and 11114: Yes --- No

2. Has filed Employer Information Report EEO-1 (Standard Form 100) with the Joint Reporting Committee within the past 12 months: Yes No

3. Has filed other equal oportunity compliance reports with Government contracting agencies as required by such agencies: Yes

No

4. Will obtain representations indicating submission of required compliance reports, signed by each proposed subcontractor, before awarding each subcontract of $10,000 or more: Yes No

Where a bidder or offeror fails to execute the representation, the omission shall be considered a minor informal

ity and the bidder or offeror shall be permitted to satisfy the requirement prior to award.

(2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract or subcontract subject to Executive Orders Nos. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by TVA or the Director.

(3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as TVA or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as TVA, the applicant, or the Director requests.

(c) Use of reports. Reports filed pursuant to § 303.6-4 shall be used only in connection with the administration of the order, the Civil Rights Act of 1964, or in furtherance of the purposes of the order and said Act.

§ 303.6-5 Compliance reviews.

(a) The purpose of a compliance review is to determine if the prime contractor or subcontractor maintains nondiscriminatory hiring and employment practices and is taking affirmative action to ensure that applicants are employed and that employees are placed, trained, upgraded, promoted, and otherwise treated during employment without regard to race, color, religion, sex, or national origin. It consists of a comprehensive analysis and evaluation of each aspect of the aforementioned practices, policies, and conditions resulting therefrom. Where necessary, recommendations for appropriate sanctions shall be made.

(b) Where deficiencies are found to exist, reasonable efforts shall be made to secure compliance through conciliation and persuasion. Before the con

tractor can be found to be in compliance with the order, he must make a specific commitment, in writing, to correct any such deficiencies. The commitment must include the precise action to be taken and dates for completion. The time period allotted shall be no longer than the minimum period necessary to effect such changes. Upon approval of such commitment by the Contract Compliance Officer, appropriate Deputy or Assistant, or the TVA Board, the contractor may be considered in compliance, on condition that the commitments are faithfully kept. The contractor shall be notified that making such commitments does not preclude future determinations of noncompliance based on a finding that the commitments are not sufficient to achieve compliance.

(c) When TVA is the compliance agency it has the primary responsibility for the conduct of compliance reviews. TVA regularly conducts compliance reviews in accordance with the Director's guidelines, and also conducts compliance reviews in accordance with any special requests or instructions of the Director. Compliance reviews may also be conducted by the Director. Whenever possible compliance reviews are conducted by qualified specialists regularly involved in equal opportunity programs.

(d) Before the award of any formally advertised supply contract which may result in an award of $1 million or more, a preaward compliance review of the prospective contractor and his known first-tier subcontractors which will be awarded subcontracts of $1 million or more must be conducted by the compliance agency within 6 months prior to the award of the contract. Where a previous compliance review has been made within 6 months of the expected date of award or where the contractor has been submitting adequate special compliance reports to TVA following a compliance review made more than 6 months before the expected date of award, an additional full compliance review usually will not be needed to determine eligiblity. If an agency other than the awarding agency is the compliance agency, the awarding agency shall notify the com

pliance agency and request appropriate action and finding in accordance with this paragraph (d). Whenever possible compliance agencies provide awarding agencies with written reports of compliance reviews within 30 days following the requests. In order to qualify for the award of a contract, a contractor and such first-tier subcontractors must be found on the basis of such review to be able to comply with the equal opportunity clause or carry out an acceptable program for compliance as provided in paragraph (b) of § 303.6-5 (see § 303.4-9 regarding the notice required to be included in formally advertised supply contracts which may result in awards of $1 million or more).

(e) Before award of any formally advertised construction or installation contract which will amount to $1 million or more, a preaward conference is held with the prospective contractor to determine whether he and his known subcontractors are able to comply with the provisions of the equal opportunity clause and carry out an affirmative action program. OFCC's area coordinator is included in the conference if he is available. The contractor must submit an acceptable written affirmative action compliance program in order to be eligible for award.

§ 303.6-6 Complaints.

(a) Any employee of any contractor or applicant for employment with such contractor may, by himself or by an authorized representative, file in writing a complaint of alleged discrimination in violation of the equal opportunity clause. Such complaint is to be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by TVA or the Director upon good cause shown.

(b) Complaints may be filed with TVA or with the Director. Those filed with the Director may be referred to TVA for processing, or they may be processed in accordance with § 303.6-8.

(c) Complaints will be required to be signed by the complainants or their authorized representatives and to contain the following information:

(1) Name and address (including telephone number) of the complainant;

(2) Name and address of the contractor or subcontractor who committed the alleged act of discrimination;

(3) A description of the act or acts considered to be discriminatory; and (4) Other pertinent information which will assist in the investigation and resolution of the complaint.

(d) Where a complaint contains incomplete information, TVA or the Director shall seek promptly the needed information from the complainant. In the event such information is not furnished to TVA or the Director within 60 days of the date of such request, the case may be closed.

§ 303.6-7 Processing of matters.

(a) Complaints. Where complaints are filed with TVA, the Contract Compliance Officer shall transmit a copy of the complaint to the Director within 10 days after receipt.

(b) Investigations. When TVA is the compliance agency it institutes a prompt investigation of each complaint filed with it or referred to it, and is responsible for developing a complete case record. A complete case record consists of the following:

(1) Name and address of each person interviewed;

(2) A summary of his statement; (3) Copies or summaries of pertinent documents; and

(4) A narrative summary of the evidence disclosed in the investigation as it relates to each violation revealed. When a complaint is filed against a prime contractor or subcontractor who has contracts involving more than one agency, unless otherwise provided, the compliance agency shall conduct the investigation and make such findings and determinations as shall be appropriate for the administration of the order.

(c) Resolution of matters. (1) If the investigation of a complaint by TVA pursuant to paragraph (b) of § 303.6-7 shows no violation of the equal opportunity clause, TVA so informs the Director. The Director may review TVA's findings, and he may request further investigation by TVA or may under

branch of the Government, including any wholly owned Government corporation, which enters into contracts.

(h) "Contractor" means, unless otherwise indicated, a prime contractor or

subcontractor.

(i) "Director" means the Director, Office of Federal Contract Compliance, U.S. Department of Labor, or any person to whom he delegates authority under the regulations in this part.

(j) "Equal

means

the contract provisions set forth in § 303.4-2 or § 303.4-4 as appropriate.

(k) "Federally assisted construction contract" means any agreement, or modification thereof, between any applicant and a person for construction work which is paid for, in whole or in part, with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

(1) "Government" means the Government of the United States of America.

(m) "Government contract" means any agreement, or modification thereof, between any contracting agency and any person for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements. The term "services," as used in this paragraph (m) includes, but is not limited to, the following services: Utility, construction, transportation, research, insurance, and fund depositary. The term "Government contract" does not include (1) agreements in which the parties stand in the relationship of employer and employee, (2) federally assisted construction contracts, and (3) contracts for the sale or real and personal property by the Government.

(n) "Hearing officer" means the individual or board of individuals designated to conduct hearings.

(o) "Modification" means any alteration in the terms and conditions of a contract, including supplemental agreements, amendments, and extensions.

(p) "Order" means Parts II, III, and IV of Executive Order No. 11246 of September 24, 1965 (30 FR 12319), any Executive order amending such order, and any other Executive order superseding such order.

(q) "Person" means any natural person, corporation, partnership, unincorporated association, state or local government, and any agency, instrumentality, or subdivision of such a government.

(r) "Prime contractor" means any person holding a contract and, for the purposes of §§ 303.6-5 through 303.611 and § 303.8, any person who has held a contract subject to the order.

(s) "Recruiting and training agency" means any person who refers workers to any contractor, or subcontractor, or who provides or supervises apprenticeship or training for employment by any contractor or subcontractor.

(t) "Rules, regulations, and relevant orders of the Secretary of Labor," as used in the Equal Opportunity clause means rules, regulations, and relevant orders of the Secretary of Labor, or his designee, issued pursuant to the order.

(u) "Secretary" means the Secretary of Labor, U.S. Department of Labor.

(v) "Site of construction" means the general physical location of any building, highway, or other change or improvement to real property which is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair, and any temporary location or facility at which a contractor, subcontractor, or other participating party meets a demand or performs a function relating to the contract or subcontract.

(w) "Subcontract" means any agreement or arrangement between a contractor and any person (in which the partics do not stand in the relationship of an employer and an employee):

§ 303.4-2 Equal opportunity clause.

Equal opportunity. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR 60).)

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting

Officer setting forth the provisions of this equal opportunity clause.

(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this equal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of the Contractor's noncompliance with the equal opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a sub

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