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Law," as provided by the notice post ing requirements of the equal opportunity clause.
8 303.6-4 Reports and other required in.
formation. (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 Employ. ment 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 required, constitutes 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 subcontracior, 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 TWA 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 TWA 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 reviévs 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 appropri- (1) Name and address (including ate action and finding in accordance telephone number) of the complainwith this paragraph (d). Whenever ant; possible compliance agencies provide (2) Name and address of the contracawarding agencies with written reports tor or subcontractor who committed of compliance reviews within 30 days the alleged act of discrimination; following the requests. In order to (3) A description of the act or acts qualify for the award of a contract, a considered to be discriminatory; and contractor and such first-tier subcon (4) Other pertinent information tractors must be found on the basis of which will assist in the investigation such review to be able to comply with and resolution of the complaint. the equal opportunity clause or carry (d) Where a complaint contains inout an acceptable program for compli- complete information, TVA or the Diance as provided in paragraph (b) of rector shall seek promptly the needed $ 303.6-5 (see § 303.4-9 regarding the information from the complainant. In notice required to be included in for the event such information is not furmally advertised supply contracts nished to TVA or the Director within which may result in awards of $1 mil 60 days of the cate of such request, lion or more).
the case may be closed. (e) Before award of any formally advertised construction or installation
§ 303.6-7 Processing of matters. contract which will amount to $1 mil (a) Complaints. Where complaints lion or more, a preaward conference is are filed with TVA, the Contract Comheld with the prospective contractor pliance Officer shall transmit a copy to determine whether he and his of the complaint to the Director known subcontractors are able to within 10 days after receipt. comply with the provisions of the (b) Investigations. When TVA is the equal opportunity clause and carry out compliance agency it institutes a an affirmative action program. prompt investigation of each comOFCC's area coordinator is included in plaint filed with it or referred to it. the conference if he is available. The and is responsible for developing a contractor must submit an acceptable complete case record. A complete case written affirmative action compliance record consists of the following: program in order to be eligible for (1) Name and address of each person award.
(2) A summary of his statement; 8 303.6-6 Complaints.
(3) Copies or summaries of pertinent (a) Any employee of any contractor documents; and or applicant for employment with
(4) A narrative summary of the evisuch contractor may, by himself or by
dence disclosed in the investigation as an authorized representative, file in
tative file in it relates to each violation revealed. writing a complaint of alleged discrim
When a complaint is filed against a ination in violation of the equal oppor prime contractor or subcontractor who tunity clause. Such complaint is to be has contracts involving more than one filed not later than 180 days from the agency, unless otherwise provided, the date of the alleged discrimination,
compliance agency shall conduct the unless the time for filing is extended investigation and make such findings by TVA or the Director upon good and determinations as shall be approcause shown.
priate for the administration of the (b) Complaints may be filed with order. TVA or with the Director. Those filed (c) Resolution of matters. (1) If the with the Director may be referred to investigation of a complaint by TVA TVA for processing, or they may be pursuant to paragraph (b) of $ 303.6-7 processed in accordance with $ 303.6-8. shows no violation of the equal oppor
(c) Complaints will be required to be tunity clause, TVA so informs the Disigned by the complainants or their rector. The Director may review TVA's authorized representatives and to con findings, and he may request further tain the following information:
investigation by TVA or may under
branch of the Government, including (n) "Hearing officer” means the indiany wholly owned Government corpo- vidual or board of individuals designatration, which enters into contracts. ed to conduct hearings.
(h) "Contractor" means, unless oth (0) "Modification" means any altererwise indicated, a prime contractor oration in the terms and conditions of a subcontractor
contract, including supplemental (i) "Director" means the Director, agreements, amendments, and extenOffice of Federal Contract Compli. sions. ance, U.S. Department of Labor, or (p) “Order" means Parts II, III, and any person to whom he delegates au IV of Executive Order No. 11246 of thority under the regulations in this September 24, 1965 (30 FR 12319), any part.
Executive order amending such order, (j) “Equal opportunity clause” and any other Executive order supermeans the contract provisions set seding such order. forth in 8 303.4-2 or 8 303.4-4 as appro (q) “Person" means any natural priate.
person, corporation, partnership, unin(k) "Federally assisted construction corporated association, state or local contract" means any agreement, or government, and any agency, instrumodification thereof, between any ap mentality, or subdivision of such a plicant and a person for construction government. work which is paid for, in whole or in (r) “Prime contractor" means any part, with funds obtained from the person holding a contract and, for the Government or borrowed on the credit purposes of 88 303.6-5 through 303.6of the Government pursuant to any 11 and $ 303.8, any person who has Federal program involving a grant, held a contract subject to the order. contract, loan, insurance, or guarantee (s) "Recruiting and training agency" or undertaken pursuant to any Feder means any person who refers workers al program involving such grant, con- to any contractor, or subcontractor, or tract, loan, insurance, or guarantee, or who provides or supervises apprenticeany application or modification there. ship or training for employment by of approved by the Government for a any contractor or subcontractor. grant, contract, loan, insurance, or (t) “Rules, regulations, and relevant guarantee under which the applicant orders of the Secretary of Labor," as itself participates in the construction used in the Equal Opportunity clause work.
means rules, regulations, and relevant (1) "Government” means the Gov orders of the Secretary of Labor, or ernment of the United States of Amer his designee, issued pursuant to the ica.
order. (m) “Government contract” means (u) “Secretary" means the Secretary any agreement, or modification there. of Labor, U.S. Department of Labor. of, between any contracting agency (v) “Site of construction" means the and any person for the furnishing of general physical location of any build. supplies or services or for the use of ing, highway, or other change or imreal or personal property, including provement to real property which is lease arrangements. The term “ser- undergoing construction, rehabilitavices," as used in this paragraph (m) tion, alteration, conversion, extension, includes, but is not limited to, the fol demolition, or repair, and any tempolowing services: Utility, construction, rary location or facility at which a transportation, research, insurance, contractor, subcontractor, or other and fund depositary. The term "Gov participating party meets a demand or ernment contract” does not include (1) performs a function relating to the agreements in which the parties stand contract or subcontract. in the relationship of employer and (w) "Subcontract" means any agreeemployee, (2) federally assisted con- ment or arrangement between a construction contracts, and (3) contracts tractor and any person (in which the for the sale or real and personal prop- partics do not stand in the relationerty by the Government.
ship of an employer and an employee):
(1) For the furnishing of supplies or services or for the use of real or per sonal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more contracts; or
(2) Under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken, or assumed.
(x) "Subcontractor" means any person holding a subcontract and, for the purposes of 88 303.6-5 through 303.6-11 and § 303.8 any person who has held a subcontract subject to the order. The term “first-tier subcontractor” refers to a subcontractor holding a subcontract with a prime contractor.
(y) "United States" as used herein shall include the States, the District of Columbia, the Commonwealth of Puerto Rico, the Panama Canal Zone, and the possessions of the United States.
$ 303.4 Basic requirements.
Except as otherwise provided, TVA includes the equal opportunity clause prescribed in § 303.4-2 in each of its Government contracts (including modifications thereof).
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
8 303.4-2 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 appli. cants 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 termi. nation; rates of pay or other forms of com pensation; 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