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A19 PROHIBITION of SEGREGATED FACILITIES <br />A19.1 <br />41 CFR § 60 <br />A19.2 <br />SOURCE <br />APPLICABILITY <br />The contractor must comply with the requirements of the EEO clause by ensuring that facilities they <br />provide for employees are free of segregation on the basis of race, color, religion, sex, sexual <br />orientation, gender identity, or national origin . This clause must be included in all contracts that include <br />the equal opportunity clause, regardless of the amount of the contract. <br />Contract Types -AIP sponsors must incorporate the Prohibition of Segregated Facilities clause in any <br />contract containing the Equal Employment Opportunity clause of 41 CFR §60.1. This obligation flows <br />down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity <br />clause. <br />Construction -Construction work means construction, rehabilitation, alteration, conversion, <br />extension, demolition or repair of buildings, highways, or other changes or improvements to <br />real property, including facilities providing utility services. The term also includes the <br />supervision, inspection, and other onsite functions incidental to the actual construction. <br />Equipment-On site installation of equipment such as airfield lighting control equipment meets <br />the definition of construction and thus this provision would apply. This provision does not apply <br />to equipment projects involving manufacture of the item at a vendor's manufacturing plant. An <br />example would be the manufacture of a SRE or ARFF vehicle. <br />Professional Services -Professional services that include tasks that qualify as construction work <br />as defined by 41 CFR part 60. Examples include the installation of noise monitoring equipment. <br />Property/Land-Land acquisition contracts that include tasks that qualify as construction work <br />as defined by 41 CFR part 60. Examples include demolition of structures or installation of <br />boundary fencing . <br />Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and <br />meets the intent of this requirement. If the sponsor uses different language, the sponsor's language <br />must fully satisfy the requirements of 41 CFR § 60. <br />A19.3 CONTRACT CLAUSE <br />PROHIBITION OF SEGREGATED FACILITIES <br />(a) The Contractor agrees that it does not and will not maintain or provide for its employees any <br />segregated facilities at any of its establishments, and that it does not and will not permit its employees to <br />perform their services at any location under its control where segregated facilities are maintained. The <br />Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause <br />in this contract. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 54