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Kingston Documents

Referenced Clauses

To the extent applicable, this Contract incorporates by reference, and Contractor must comply with, the following federal regulatory provisions: Affirmative Action for Special Disabled Veterans and Veterans of the Vietnam-Era , 41 C.F.R. § 60-300.5(a); Equal Opportunity for Workers with Disabilities , 41 C.F.R. § 60-741.5; Equal Opportunity, 41 C.F.R. § 60-1.4; and Discrimination on the Basis of Age, 18 C.F.R. § 1316.6; and all amendments thereto and all applicable rules, and orders issued thereunder.

a. Contractor's attention is called to Federal Construction Contractors Affirmative Action Requirements, 41 C.F.R. parts 60-4, and to its Affirmative Action and Equal Opportunity regulatory provision. b. The goals and timetables for minority and female participation, expressed in percentage terms for Contractor's aggregate workforce in each trade on all construction work in the covered area, follow:

TimetablesGoals for minority participation for each trade Goals for female participation in each trade
Effective on award of contract and apply until further notice[[]][[]]

1. These goals are applicable to all Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, Contractor is also subject to the goals for both its federally involved and non-federally involved construction.

2. Contractor's compliance with Executive Order 11246 and the regulations in 41 C.F.R. parts 60-4 shall be based on its implementation of the Affirmative Action and Equal Opportunity regulatory provision, specific affirmative action obligations required by the specifications set forth in 41 C.F.R. § 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of this Contract and in each trade; and Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting Contractor's goals shall be a violation of this Contract, Executive Order 11246, and the regulations in 41 C.F.R. parts 60-4. Compliance with the goals will be measured against the total work hours performed.

c. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction Work resulting from this solicitation. The notification shall list the name, address, and telephone number of subcontractor; employer identification number of subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which this Contract is to be performed.

d. As used in this Notice, and in this Contract, the "covered area" is defined as [[]]..

In its operations and business relationships, Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations of the Anti-Kickback Act of 1986 (41 U.S.C. §§ 8701-8707). If Contractor believes a violation of the act may have occurred, it shall promptly give TVA's Inspector General written notice. Contractor shall cooperate fully with TVA or any other federal agency investigating a possible violation of the Act. Contractor agrees to incorporate the substance of this Section, including this sentence, in all subcontracts under this Contract. This Section does not apply to contracts for commercial items as defined at 41 U.S.C. § 103, but provisions of the Anti-Kickback Act itself may still apply.

Asbestos-containing materials shall not be used or applied in any TVA facility or otherwise in connection with Contractor’s Work hereunder.

(a) This Section is not applicable to contracts for commercial items as defined at 41 U.S.C. § 103, unless Contractor is an "individual" as defined below.

(b) Public Law No. 100-690, the Drug-Free Workplace Act of 1988, prohibits TVA from entering into this Contract unless Contractor certifies that it will maintain a drug free workplace and agrees to take certain reasonable measures to assure its workplace will remain drug free. Neither the referenced statute nor this Section requires the Contractor to undertake drug testing of its employees or to maintain a rehabilitation program.

(c) Definitions. As used in this Section:

1. "Controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. § 812) and as further defined in regulation at 21 C.F.R. §§ 1308.11-1308.15.

2. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes

3. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

4. "Drug-free workplace" means a site, including TVA premises, for the performance of work done in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

5. "Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract.

6. "Individual" means an offeror/contractor that has no more than one employee, including the offeror/contractor.

(d) Contractors Other than Individuals. The contractor, if other than an individual, as a condition of award of the contract, certifies and agrees that, with respect to all employees of the contractor employed in the performance of this contract, it shall:

(1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish a drug-free awareness program to inform such employees about:

(a) The dangers of drug abuse in the workplace;

(b) The contractor's policy of maintaining a drug-free workplace;

(c) Any available drug counseling, rehabilitation, and employee assistance programs; and

(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph d.1 of this provision;

(4) Notify such employees in the statement required by subparagraph d.1 of this provision that, as a condition of continued employment on the contract, the employee will:

(a) Abide by the terms of the statement; and

(b) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;

(5) Notify the Contracting Officer within ten days after receiving notice under subdivision d.4.b of this provision from an employee or otherwise receiving actual notice of such conviction;

(6) Within 30 days after receiving notice under subparagraph (b)(4) of this provision of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace;

(a) Take appropriate personnel action against such employee, up to and including termination; or

(b) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good-faith effort to maintain a drug-free workplace through implementation of subparagraphs d.1 through d.6 of this subsection.

(e) Individuals. The contractor, if an individual, agrees, by award of the contract, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.

(f) Enforcement. If contractor fails to comply with the requirements of subsection d.1 through d.7 or subsection e., TVA may suspend payments, terminate this Contract for default, suspend or debar Contractor from Government contracting in accordance with 41 U.S.C. Section 8102(b), or take such other action as may be in accordance with Applicable Laws or this Contract.

The following labor documents cover only that work performed by TVA contractor personnel performing trades and labor work. Some limited instructions are included with each wage package, and further questions regarding the application of these wage packages should be directed to TVA's Contract Manager/Agent.

Wage Packages Effective January 1, 2024

Wage Packages Effective June 5, 2023

Wage Packages Effective January 1, 2023

Wage Packages Effective January 1, 2022

Wage Packages Effective January 1, 2021

a. This solicitation and any resulting contract are subject to the requirements of Public Law No. 101-121 (codified at 31 U.S.C. § 1352), which prohibits certain lobbying activities and requires disclosure of certain others, and to TVA's implementing regulations published at 18 C.F.R. § 1315.

b. Prohibition, Certification, and Disclosure.

(1) Appropriated Funds. Section 319 of Public Law Section 319 of Public Law No. 101-121 provides that none of the funds appropriated by any act of Congress may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with: (a) the awarding of any Federal contract; (b) the making of any Federal grant; (c) the making of any Federal loan; (d) the entering into of any cooperative agreement; or (e) the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) Certification. Contractor, by signing this Contract, proposal or bid, certifies, to the best of his or her knowledge and belief, that it has not violated the foregoing prohibition.
(3) Other Than Appropriated Funds. Except as provided in subsection e, below, if offeror has paid or (as offeror or Contractor) will pay any funds other than Federal appropriated funds to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of congress in connection with this Contract, Contractor shall complete and submit to TVA Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (Copies of Standard Form-LLL may be obtained from the TVA representative for this solicitation/Contract.) The requirements of this subsection b.3 shall not apply to payments of reasonable compensation to regularly employed officers or employees. The term "regularly employed," with respect to an officer or employee of a person requesting or receiving a contract, means an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates TVA's consideration of such person for receipt of such contract.

c. Updating. At the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in this Certification or, if applicable, Standard Form-LLL, Contractor shall file with TVA an initial or new Standard Form-LLL with such new information or modifications as are necessary to correct any inaccuracies in the information originally declared and certified.

d. Subcontractors. In the event that TVA and offeror execute a definitive contract (and offeror becomes a "Contractor" under that Contract), Contractor shall: (i) include or cause to be included the form of this Certification in any subcontract exceeding $100,000 at any tier, and (ii) promptly file with TVA each Standard Form-LLL provided by a subcontractor.

e. Exceptions. The prohibition described in subsection b.1 above and the disclosure requirements in subsection b.3 do not apply in the case of (1) a payment of reasonable compensation made to an officer or employee of the offeror to the extent that the payment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection b; or (2) any reasonable payment to a person, or any payment or reasonable compensation to an officer or employee of the Contractor, if the payment is for professional or technical services rendered directly in the preparation or negotiation of this offer or any resulting Contract.

f. Definitions. Terms not defined herein shall have the meanings ascribed to them in Public Law No. 101-121 and TVA's implementing regulations.

g. Penalties. (1) Any person who makes an expenditure prohibited by Public Law No. 101-121 shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure; and (2) any person who fails to file or amend a certification required under subsection b.2 above or a disclosure required to be filed or amended under subsection b.3 above shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 and to such other remedies as may apply for each such failure.

The provider agrees that it shall comply with any and all applicable laws and regulations on nondiscrimination in public accommodations in the services it renders hereunder, including, but not limited to, Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189, and shall not discriminate against anyone on the basis of race, color, sex, religion, national origin, age (over 40), or disability.

a. No member, delegate or candidate to the U.S. Congress, or to any state or local legislative, executive or municipal agency or board shall be party or beneficiary to, or benefit directly from, this Contract or the Work performed hereunder. This Section does not prohibit: (1) corporate entities or state, local, or municipal governments from benefitting generally or indirectly from this Contract; or (2) Contractor from offering or giving, directly or indirectly, to any TVA or other government official or employee a gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, that is excluded from the definition of a gift, or falls within one of the exceptions stated, in 5 C.F.R. Part 2635, subpart B (Standards of Ethical Conduct for Employees of the Executive Branch; Gifts From Outside Sources), as amended or replaced.

To the extent applicable, all the representations and stipulations in 41 C.F.R. § 50-201.3, are incorporated by reference.

Payments to Contractor under this contract are subject to the Prompt Payment Act, 31 U.S.C. §§ 3901-3907 (PPA), as applicable to TVA. Contractor shall pay interest on any overdue amounts owed to TVA under this contract at the same rate(s) as payable under the PPA from the date payment was due until the date payment is received by TVA.

a. Contractor and Contractor's Subcontractor(s) must obtain the written approval of TVA's Contracting Officer prior to making any public disclosures or communications, relating to or referencing this Contract itself, Work performed under this Contract or TVA, including, without limitation:

1. Any oral, written, or electronic communication on or through social media, press, or news release(s), marketing materials, or comparable materials;

2. Any photographs, tapes or video recordings, of real or personal property owned or controlled by TVA, and the public communication or posting of such photographs, tapes or videos (or related information or images) in any manner or through any written or electronic media (including on any publicly accessible website); or

3. Contractor¹s or Contractor¹s Subcontractor(s)¹ business relationship with TVA, or any related project.

b. TVA, in its sole discretion, may approve or reject proposed public communication(s), except to the extent a proposed communication or disclosure is specifically required by Applicable Laws.

c. Contractor is solely responsible for Contractor¹s Subcontractor(s)¹ compliance with the restrictions stated in this Section.

The requirements of 15 U.S.C. § 637(d) are incorporated by reference.

a. As required by Applicable Laws and implemented by TVA policies, the Contractor must submit one of the following subcontracting plans for TVA's evaluation: individual, master, or a commercial (corporate) plan, which is acceptable to TVA, on or before the Effective Date. Such subcontracting plan will assist TVA in meeting the TVA goals stated in the table below, expressed as percentages of Contractor's total Contract value:

A. *Small Business (SB)


(1) Small Minority Business (Small Disadvantaged Business) (SDB)


(2) Small Woman-Owned Business (SWB)


(3) HUB Zone Small Business (HUB)


(4) Small Veteran-Owned Business (SVB)


(5) Small Service-Disabled Veteran-Owned Business (SSDV)


B. Valley Business (VB)


* The term “Small Business,” and the five listed categories (SWB, SDB, HUB, SVB, and SSDV) of Small Businesses, are defined in 48 C.F.R. § 2.101. The stated Small Business subcontracting goal (27%) includes these five categories.

b.Contractor must make good faith efforts to meet the subcontracting plan that it submits. Contractor shall: (1) report subcontract expenditures under this Contract with each of the above SB (SDB, SWB, HUB, SVB, and SSDV) and VBÂ categories in such form and manner as required by TVA, within 30 days after the close of each calendar quarter (unless TVA has approved an annual commercial subcontracting plan), (2) provide TVA with data and documentation that TVA requires in order to determine compliance with the subcontracting plan, and (3) report SB, SDB, SWB, HUB, SVB, SSDV, and VB subcontracting accomplishments through TVA’s Subcontract Reporting System (SRS), unless TVA instructs otherwise.Â

c. Liquidated Damages (see 15 U.S.C. § 637(d)(4)(F)).

1. Failure to make a good faith effort to comply with the subcontracting plan, as used in this Section, means a willful or intentional failure to comply with the requirements of, or willful or intentional action to frustrate, the subcontracting plan approved under this Section.

2. If, at Contract termination, or in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, Contractor has failed to meet its SB subcontracting goals, and the Contracting Officer decides in accordance with paragraph d.3 of this Section that Contractor failed to make a good faith effort to comply with its subcontracting plan, Contractor shall pay TVA liquidated damages in an amount equal to: (a) the actual dollar amount by which Contractor failed to achieve each SB subcontract goal or, (b) in the case of a commercial plan, that portion of the dollar amount allocable to this Contract by which Contractor failed to achieve each SB subcontract goal.

3. Before the Contracting Officer makes a final decision that Contractor has failed to make a good faith effort to comply with its subcontracting plan, the Contracting Officer shall give Contractor written notice specifying the failure and permitting Contractor to demonstrate what good faith efforts have been made. TVA may treat Contractor’s failure to respond to such written notice as an admission that no valid explanation exists for the specified failure(s). If, after consideration of all the pertinent data, the Contracting Officer finds that Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that Contractor pay TVA liquidated damages as provided in subsection c.2 of this Section.

4. With respect to commercial plans, the contracting officer for the relevant federal agency who approved Contractor’s commercial plan will perform the functions of the Contracting Officer under this Section on behalf of all agencies that awarded contracts covered by that commercial plan.

5. Liquidated damages shall be in addition to any other remedies that TVA may have against Contractor for violations of this Section’s requirements.

To the extent applicable, all the representations and stipulations in 41 C.F.R. § 50-201.3, are incorporated by reference.