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:

Timetables	Goals 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) If TVA receives information that a contractor or a person has engaged in conduct constituting a violation of Subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. § 423) (the Act), as amended by Section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Public Law No. 104-106), TVA may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which--
(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either--
(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under Subsections 27(e)(1) of the Act.
(b) If TVA rescinds the contract under paragraph (a) of this clause, TVA is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of TVA specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(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.

Recipient shall include the following statement in all handbooks, manuals, pamphlets, and other material ordinarily distributed to the public to describe the program, including, where TVA deems appropriate, notices posted by recipient.

This program is supported by assistance from the Tennessee Valley Authority (TVA), a Federal agency. Under Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and applicable TVA regulations at 18 C.F.R. parts 1302, 1307, 1309, and 1317, no person shall, on the grounds of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under this program. In addition, no qualified person with a disability shall, on the basis of a disability, be subjected to discrimination in employment (including hiring) under the program. If you feel you have been subjected to discrimination as described above, you, personally or by a representative, have the right to file a written complaint with TVA not later than 180 days (for race, color, national origin, or sex) or 90 days (for age or disability) from the date of the alleged discrimination. The complaint should be sent to Tennessee Valley Authority, Federal Assistance Programs, 1101 Market Street, WR 3J-C, Chattanooga, Tennessee 37402-2801 or call 423-751-7203. A copy of the applicable TVA regulations may be obtained on request by writing TVA at the address given above.

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.

1. The offeror's attention is called to Federal Construction Contractors Affirmative Action Requirements, 41 C.F.R. pt. 60-4, and to the Affirmative Action and Equal Opportunity clause.

2. 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:

Timetables	Goals for minority participation for each trade	Goals for female participation in each trade
Effective on award of contract and apply until further notice	As shown in the tablesbelow for the covered location	6.9 percent

These goals are applicable to all the 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 nonfederally involved construction.

Contractor's compliance with Executive Order 11246 and the regulations in 41 C.F.R. pt. 60-4 shall be based on its implementation of the Affirmative Action and Equal Opportunity clause, 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 the 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 the contract, Executive Order 11246, and the regulations in 41 C.F.R. pt. 60-4. Compliance with the goals will be measured against the total workhours performed.

3. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract 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 the contract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is defined as the TVA location where the work is to be performed, as identified in the table below:

Fossil Plants	County	Goals
Allen Fossil Plant Memphis, TN 38109	Shelby	32.3
Bull Run Fossil Plant Clinton, TN 37716	Anderson	6.6
Colbert Fossil Plant Tuscumbia, AL 35674	Colbert	11.9
Cumberland Fossil Plant Cumberland City, TN 37050	Stewart	12.0
Gallatin Fossil Plant Gallatin, TN 37066	Sumner	15.8
John Sevier Fossil Plant Rogersville, TN 37857	Hawkins	2.6
Johnsonville Fossil Plant New Johnsonville, TN 37134	Humphreys	12.0
Kingston Fossil Plant Kingston, TN 37763	Roane	4.5
Paradise Fossil Plant Drakesboro, KY 42337	Muhlenberg	3.5
Shawnee Fossil Plant West Paducah, KY 42086	McCracken	5.2
Watts Bar Fossil Plant Watts Bar Dam, TN 37395	Rhea	8.6
Widows Creek Fossil Plant Stevenson, AL 35772	Jackson	8.6
Hydro Plants	County	Goals
Appalachia Hydro Plant Murphy, NC 28906	Cherokee	6.3
Blue Ridge Hydro Plant Murphy, NC 28906	Cherokee	6.3
Boone Hydro Plant Elizabethton, TN 37643	Carter	2.6
Chatuge Hydro Plant Murphy, NC 28906	Cherokee	6.3
Cherokee Hydro Plant Jefferson City, TN 37760	Jefferson	4.5
Chickamauga Hydro Plant Chickamauga Dam (South Side) Chattanooga, TN 37402	Hamilton	12.5
Douglas Hydro Plant Dandridge, TN 37725	Jefferson	4.5
Fontana Hydro Plant Fontana Dam, NC	Graham	6.3
Fort Loudoun Hydro Plant Lenoir City, TN 37771	Loudon	4.5
Fort Patrick Henry Hydro Plant Elizabethton, TN 37643	Carter	2.6
Great Falls Hydro Plant Rock Island, TN 38581	Warren	12.0
Guntersville Hydro Plant Guntersville, AL 35976	Marshall	12.0
Hiwassee Hydro Plant Murphy, NC 28906	Cherokee	6.3
Kentucky Hydro Plant Gilbertsville, KY 42044	Marshall	5.2
Norris Hydro Plant Norris, TN 37828	Anderson	6.6
Nottely Hydro Plant Murphy, NC 28906	Cherokee	6.3
Ocoee Hydro Plant Benton, TN 37307	Polk	8.6
Pickwick Hydro Plant Pickwick Dam, TN 38365	Hardin	26.5
South Holston Hydro Plant Elizabethton, TN 37643	Carter	2.6
Tims Ford Hydro Plant Winchester, TN 37398	Franklin	12.0
Watauga Hydro Plant Elizabethton, TN 37643	Carter	2.6
Watts Bar Hydro Plant Watts Bar Dam, TN 37395	Rhea	8.6
Wheeler Hydro Plant Town Creek, AL 35672	Lawrence	11.2
Wilbur Hydro Plant Elizabethton, TN 37643	Carter	2.6
Wilson Hydro Plant Muscle Shoals, AL 35660	Colbert	11.9
Dams	County	Goals
Cedar Creek Dam Tuscumbia, AL 35674	Colbert	11.9
Columbia Dam Project Columbia, TN 38401	Maury	12.0
Melton Hill Dam Lenoir City, TN 37771	Loudon	4.5
Nickajack Dam Guild, TN 37340	Marion	12.5
Normandy Dam Normandy, TN	Bedford	12.0
Tellico Dam Lenoir City, TN 37771	Loudon	4.5
Nuclear Plants	County	Goals
Sequoyah Nuclear Plant Soddy-Daisy, TN 37397	Hamilton	12.5
Browns Ferry Nuclear Plant Decatur, AL	Morgan	11.2
Watts Bar Nuclear Plant Spring City, TN 37381	Rhea	8.6
Bellefonte Nuclear Plant Hollywood, AL 35752	Jackson	8.6
Other Locations	County	Goals
Big Sandy, Tennessee, Warehouse Big Sandy, TN 38221	Benton	26.5
Chattanooga, Tennessee, Warehouse Chattanooga, TN 37402	Hamilton	12.5
Hartsville Nuclear Power Distribution Center Dixon Springs, TN 37057	Smith	12.0
Jackson, Tennessee, Warehouse Oakfield, TN 38362	Madison	26.5
Knoxville, Tennessee, Warehouse and Power Service Center Knoxville, TN 37902	Knox	6.6
Land Between the Lakes River Basin Operations Golden Pond, KY 42211-9001	Trigg Lyon Marshall	5.2 5.2 5.2
Mayfield, Kentucky Mayfield, KY 42066-0509	Graves	5.2
Muscle Shoals Reservation Muscle Shoals, AL 35660	Colbert	11.9
Nashville, Tennessee, Warehouse Nashville, TN 37202	Davidson	15.8
Raccoon Mountain Pumped-Storage Plant Chattanooga, TN 37402	Hamilton	12.5
Singleton Marine Ways Fossil & Hydro Construction Louisville, TN 37777	Blount	6.6
Tupelo, Mississippi Tupelo, MS 38802	Lee	26.5
Volunteer Hydro Area Control Center Knoxville, TN 37902	Knox	6.6
West Point, Mississippi West Point, MS 39773	Clay	26.5

No member of or delegate to Congress or Resident Commissioner, or any officer, employee, special Government employee, or agent of TVA shall be admitted to any share or part of this Contract or to any benefit that may arise there from, but this provision shall not be construed to extend to a corporation or unit of Government contracting for its or for the public's general benefit; nor shall Contractor offer or give, directly or indirectly, to any officer, employee, special Government employee, or agent of TVA, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, except as provided in 5 C.F.R. part 2635, subpart B, as such provisions may subsequently be 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.Â 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 its subcontractor(s) must obtain the written approval of TVA's Contracting Officer prior to making any or all of the following types of public disclosures or communications, relating to or referencing this contract or TVA:

1. Any oral, written, or electronic announcement, including without limitation, announcements on or through social media, press, or new 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 media (including on any website); or

3. Any information concerning this Contract, Contractor's or any of its subcontractor(s)' business relationship with TVA, or any related project.

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

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)	27%
(1) Small Minority Business (Small Disadvantaged Business) (SDB)	5%
(2) Small Woman-Owned Business (SWB)	5%
(3) HUB Zone Small Business (HUB)	3%
(4) Small Veteran-Owned Business (SVB)	3%
(5) Small Service-Disabled Veteran-Owned Business (SSDV)	3%
B. Valley Business (VB)	70%
* 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,Â 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.Â 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).Â 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.