Form 3700/59 Fair Inclusion of Minorities and Women

OMB NUMBER: 3064-0072

EXPIRATION DATE: 03/31/2019

Federal Deposit Insurance Corporation

FAIR INCLUSION OF MINORITIES AND WOMEN

ESTIMATED REPORTING BURDEN

Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Paperwork Reduction Act Officer, Legal Division, Federal Deposit Insurance Corporation, 550 17^th Street, N.W., and to the Office of Management and Budget, Paperwork Reduction Project (3064-0072), Washington, D.C. 20503. An agency may not conduct or sponsor, and a person is not required to respond to, a collection unless it displays a currently valid OBM control number.

TO: Contractors receiving a contract award from FDIC over $100,000, excluding task orders issued under Basic Ordering Agreements, Receivership Basic Ordering Agreements, or Blanket Purchase Agreements.

(a) Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract whose dollar value exceeds $100,000. Within ten business days of a written request from the Contracting Officer, or such longer time as the Contracting Officer determines, and without any additional consideration required from FDIC, the Contractor shall provide documentation, satisfactory to FDIC, of the actions it (and as applicable, its subcontractors) has undertaken to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes of this contract, “good faith effort” may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

(b) The documentation requested by the Contracting Officer to demonstrate “good faith effort” may include, but is not limited to, one or more of the following:

1. The total number of Contractor’s employees, and the number of minority and women employees, by race, ethnicity, and gender (e.g., an EEO-1);

2. A list of subcontract awards under the Contract that includes: dollar amount, date of award, and subcontractor’s minority and/or gender ownership status;

3. Information similar to that required in item 1, above, with respect to each subcontractor with a subcontract value that exceeds $100,000; and/or

4. The Contractor’s plan to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce, including outreach efforts.

(c) Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (2010) (Dodd-Frank Act), a failure to demonstrate to the Director of FDIC’s Office of Minority and Women Inclusion such good faith efforts to include minorities and women in the Contractor’s workforce (and as applicable, the workforce of its subcontractors), may result in termination of the Contract for default, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.

(d) For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of the Dodd-Frank Act.

(e) Contractor must provide the following certification to the Contracting Officer, annually, no later than the anniversary of the effective date of the Contract or ordering agreement.

Contract Number:	     
Contractor: Name:	     
Contractor’s Authorized Representative Name NameName:me		     
Signature:
Anniversary Date:	     

Certification Regarding Fair Inclusion of Minorities and Women

The Contractor certifies to the following: Yes No

1. It is committed to equal opportunity in employment and contracting.

2. It has made and will continue to make, or will make during the course of this contract, a good faith effort to ensure, to the maximum extent possible, the fair inclusion of minorities and women in its workforce and in the workforces of its applicable subcontractors,

3. For purposes of this certification,

“minority” shall have the meaning set forth in Section 342 (g) of the Wall Street

Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010); and

“Applicable Subcontractor” refers to all tiers of subcontractors under this contract whose subcontract exceeds $100,000 in value; and

“Good faith effort,” may include actions by the contractor intended to indentify and, if present, remove barriers to minority and women within its workforce or expand employment opportunities for minorities and women within its workforce. Efforts to remove such barriers or expand employment opportunities may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

If the Contractor answers “No” to the certification above, an explanation must be provided:

     

     

     

     

A blank version of the above Certification may be downloaded from the FDIC Acquisition Policy and Forms webpage https://www.fdic.gov/buying/goods/acquisition/index.html. It is located in the miscellaneous area.

FDIC 3700/59 (12-18) Page 1