Code of Federal Regulations Title 18. Conservation of Power and Water Resources § 18.1316.2 Affirmative action and equal opportunity

When so indicated in TVA contract documents or actions, the following clause is included by reference in such documents or actions:

Affirmative Action and Equal Opportunity

(a) To the extent applicable, contract incorporates the following provisions:  “Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era” clause, 41 CFR 60–250.4;  the “Affirmative Action for Handicapped Workers” clause, 41 CFR 60–741.4;  and the “Equal Opportunity” clause, 41 CFR 60–1.4. Contractor complies with applicable regulatory requirements, including information reports and affirmative action programs.

(b) Certification of Nonsegregated Facilities:

(1) By submission of its offer, the offeror certifies that it does not and will not maintain or provide for employees any segregated facilities at any of its establishments, and that it does not and will not permit employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

(2) As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, or housing facilities provided to employees which are segregated by explicit directive or are in fact segregated on the basis of race, religion, color, or national origin, because of habit, local custom, or otherwise.

(3) Contractor further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) identical certifications will be obtained from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause;  that it will retain such certifications in its files;  and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provision of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

(4) Note:  The penalty for making false statements in offers is prescribed in Title 18 U.S.C. 1001.

(End of clause)