Fair Inclusion of Minorities and Women in 

Contractors’ Workforce

Section 342(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 

requires contractors of the Federal Deposit Insurance Corporation (FDIC) to ensure, to the 

maximum extent possible, the fair inclusion of minorities1

 and women in the contractor’s 

workforce and, as applicable, subcontractors. To this end, solicitations for FDIC contract 

awards over $100,000 will contain a provision for prospective contractors to certify that it 

is committed to equal opportunity in employment; and that it has made and will continue 

to make or will make during the course of the contract, a good faith effort to ensure the fair 

inclusion of minorities and women in its workforce. The FDIC may request the contractor to 

provide support documentation that demonstrates their good faith effort to include minorities 

and women in the workforce. (Provision 7.3.2-53, Certification Regarding Fair Inclusion of 

Minorities and Women and Clause 7.6.4-4, Fair Inclusion of Minorities and Women). 

Fair Inclusion Key Facts 

FDIC Contracts 

subject to the 

Provision and Clause

FDIC contracts for goods or services valued over $100,000 will include the Fair 

Inclusion provision and clause. 

Compliance 

Requirements

The Fair Inclusion clause requires FDIC contractors to:

 Make a good faith effort to include minorities and women in their workforce;

 Insert the substance of the clause in all subcontracts valued over $100,000;

 Provide an annual written certification to the Contracting Officer on commitment to

equal employment by the effective award anniversary date; and

 Provide support documentation of actions undertaken, planned or ongoing that

demonstrate good faith efforts to include minorities and women in their workforce.

Good Faith Effort Good faith effort includes actions undertaken by the contractor that are intended 

to identify and, if present, remove barriers to minority and women employment or 

expand employment opportunities within its workforce.

Documentation of 

Good Faith Effort

Contractors with awards made on September 1, 2011 or after, and valued over 

$100,000, upon request must provide support documentation, satisfactory to the 

FDIC that demonstrates good faith effort.

1 The term “minority” as defined in Dodd-Frank 342(g), has the same meaning as in section 1204(c) of the Financial 

Institutions Reform, Recovery, and Enforcement Act of 1989 (Black, Hispanic, Asian, and Native American).

Contractor’s Workforces

FAIR INCLUSION

 FEDERAL DEPOSIT INSURANCE CORPORATION § OFFICE OF MINORITY AND WOMEN INCLUSION
CONTRACTORS’ WORKFORCES FAIR 2 of 2

INCLUSION: Key Facts 05/2023

FDIC Assessment 

of Compliance

Submission of Plan 

to demonstrate 

Good Faith Effort

Authority with 

respect to Civil 

Rights Laws

Good Faith Effort 

impact on Terms and 

Conditions of the 

Contract

Effect of a 

Determination 

Contact Information

The assessment is initiated when the contractor receives a written request from 

the Contracting Officer for support documentation. The contractor may provide 

a copy of their plan to ensure the fair inclusion of minorities and women in the 

workforce or other support documentation. After review, the FDIC may contact the 

contractor to further discuss their good faith effort or request additional support 

documentation. 

A contractor may leverage an existing plan (e.g., Affirmative Action, Diversity, or 

Talent Management Plan) to demonstrate good faith effort to identify and if present 

remove barriers to minority and women employment.

Dodd-Frank Section 342 (c) does “not include enforcement of statutes, regulations, 

or executive orders pertaining to civil rights.” The focus of the provision is the 

utilization of minorities, women, minority-owned, and women-owned businesses in 

all business activities of the agency to the maximum extent possible. 

The good faith documentation request does not alter the terms or conditions of 

the contract. Per the Fair Inclusion clause, the contractor shall provide the support 

documentation upon request, “without any additional consideration required from 

the FDIC.”

Upon a determination by the Director, Office of Minority and Women Inclusion, that 

a contractor has failed to make a good faith effort to include minorities and women 

in its workforce, a recommendation may be made to the FDIC Director, Division of 

Administration, in consultation with the Legal Division and the Acquisition Services 

Branch, to terminate the contract, make a referral to the Office of Federal Contract 

Compliance Program, or take other appropriate action.

For more information about the Fair Inclusion of Minorities and Women or the 

assessment of the good faith effort, please contact Christopher Kelly, FDIC, Office of 

Minority and Women Inclusion, Minority and Women Business Diversity and Inclusion, 

Section342@fdic.gov, (703) 562-2006, or visit www.fdic.gov/about/diversity.