Technical Assistance with Adhering to the Fair Inclusion Clause
The FDIC has developed a collaborative process to review and assess whether contractors are responsive to the Fair Inclusion Clause. First, the process allows for reviewing and verifying the contractor's certification response and communicating with the contractor. This involves ensuring there is a positive response to the question and reviewing available documentation depicting the contractor's workforce and the existing representation of women and minorities; e.g., the EEO-1 Report. Second, if there is a negative response to the question and/or available documentation about the contractor's workforce is inconclusive, the FDIC may open discussions, through the Contracting Officer, for contractors to present information or otherwise clarify its good faith efforts and to resolve any questions or outstanding issues. The FDIC is committed to assisting its contractors in meeting the requirements of the Fair Inclusion Clause and realizes its primary interest is in the performance of the contract. After exhaustive unsuccessful attempts to assist a contractor in making good faith efforts to include women and minorities in its workforce however, the FDIC may make a recommendation to take appropriate action, including but not limited to, making a referral to the Office of Federal Contract Compliance Programs of the Department of Labor or terminating the contract.
The "Innovation and Demonstration" or "I.D.," concept can assist contractors in making a good faith effort.
Innovation – Actions contractors may take or consider taking in their efforts to remove barriers to employment and promote the fair inclusion of minorities and women in its workforce.
Demonstration – Commitment evidenced by demonstrating the activities, which result in their fair inclusion and good faith efforts.
Applicability to Subcontractors
The Fair Inclusion Clause (7.6.4-04) applies to applicable subcontractors. Subcontractors with contract awards over $100,000 must also make good faith efforts to include women and minorities in their workforces. Prime contractors are responsible for affirming that their applicable subcontractors have made a good faith effort to ensure, to the maximum extent possible, the fair inclusion of women and minorities in their workforces. Subcontractors can follow the same or similar diversity and inclusion strategies as identified above to demonstrate their good faith.
The FDIC's Office of Minority and Women Inclusion can be called upon to share experience, advice and assistance to help the success of a contractor’s diversity and inclusion efforts. Feel free to contact OMWI for advice or assistance.