Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between DCI Consulting Group ("DCI," "we," "us," or "our"), in partnership with the Society for Human Resource Management ("SHRM"), and the individual or entity accessing or using the FedAssure compliance assessment platform ("User," "you," or "your"). By clicking "I Agree," completing an assessment, or otherwise accessing FedAssure, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Users accessing the platform on behalf of an organization represent and warrant that they have authority to bind that organization to these Terms. By proceeding, such Users confirm that the information submitted is accurate and complete to the best of their knowledge. Where possible, organizations are encouraged to have a senior leader or authorized decision-maker review and confirm submitted data before completing the assessment.

2. Description of the Service

FedAssure is a SHRM-endorsed annual compliance assessment platform designed to assist federal contractors and subcontractors in evaluating their employment policies, practices, procedures, and workforce data against applicable federal antidiscrimination standards. The Service provides:

Policy & Practice Compliance Review:

Assessment of employer policies and procedures against Executive Order 14398, FAR Clause 52.222-90, Title VII of the Civil Rights Act of 1964, Department of Justice guidance, and EEOC guidance.

Workforce Statistical Analysis:

Broad-based pattern analyses of hiring, promotion, termination, and compensation data to identify whether any protected group appears to be consistently gaining an advantage or disadvantage relative to other groups. These analyses are not disparate treatment analyses, adverse impact analyses, or Equal Pay Act analyses. See the FedAssure Workforce Analytics Disclaimer for a full description of what these analyses are and are not.

Annual Certification:

Upon completion of a qualifying assessment, issuance of a FedAssure certificate of completion that may be presented to a contracting officer or other government official as evidence of good faith compliance efforts under EO 14398 and FAR Clause 52.222-90.

The Service evaluates only the information and materials submitted by the User for the purpose of this engagement. It is not a holistic review of all employment practices or workforce data.

3. Input Data — Critical Limitations

The User bears sole and exclusive responsibility for ensuring that:

• All submitted employment policies and procedures are current, complete, and accurately reflect the organization's actual practices as implemented
• All workforce data submitted for statistical analysis is accurate, complete, and representative of the relevant workforce populations
• All information provided accurately reflects the employment practices, compensation structures, hiring criteria, and program eligibility requirements actually in use
• Any changes to policies, practices, or data occurring after submission are promptly reflected in the User's next annual assessment

Senior Leader Attestation. Where possible, organizations are encouraged to have a senior leader or authorized decision-maker confirm the accuracy of submitted data before assessment completion. For smaller organizations, this review may be conducted by the owner, principal, or other authorized representative. By submitting the assessment, the User represents that the information provided is accurate and complete to the best of their knowledge.

4. No Legal Advice — Attorney Review Recommended

FedAssure is a compliance assessment tool. It is not a law firm. It does not provide legal advice. Access to or use of FedAssure does not create an attorney-client relationship between the User and DCI Consulting Group, SHRM, any member of the FedAssure Legal Advisory Committee, or any other individual or entity affiliated with the platform.

Legal counsel can help evaluate whether the assessment results, in the context of your organization's specific facts, contracts, workforce composition, and legal obligations, support a conclusion of compliance with applicable law. FedAssure results are designed to inform that analysis — not to replace it. If you do not currently have legal counsel, the SHRM Legal Directory and your local bar association's referral service can help you find qualified employment counsel.

5. Scope Limitations — State and Local Law

FedAssure is designed to assess alignment with federal antidiscrimination standards. The Service does not evaluate, and makes no representations regarding, compliance with:

• State employment discrimination laws, including state analogs to Title VII, the ADA, the ADEA, or other federal statutes
• State pay equity or equal pay laws, including but not limited to laws enacted in California, Colorado, New York, Illinois, Washington, and other jurisdictions with specific pay transparency or pay equity requirements
• Local or municipal employment ordinances, anti-discrimination laws, or human rights codes
• State or local laws governing contractor obligations, vendor diversity programs, or procurement practices
• Any international, foreign, or non-U.S. employment law

Users operating in jurisdictions with state or local employment law requirements must obtain separate legal advice regarding compliance with those obligations. A favorable FedAssure result does not constitute a representation that the User is in compliance with state or local law.

6. Title VII Limitation

While FedAssure evaluates employment policies and workforce data against Title VII principles, Title VII compliance is a complex legal determination that depends upon facts, circumstances, and legal interpretations beyond the scope of any systematic assessment platform. A favorable FedAssure result:

• Does not constitute a definitive legal determination that the User is in compliance with Title VII of the Civil Rights Act of 1964
• Does not constitute a complete defense in any EEOC charge, federal court proceeding, or class action arising under Title VII
• Does not preclude the EEOC, DOJ, or any other enforcement agency from initiating an investigation or enforcement action against the User
• Does not guarantee that the User's employment practices, as actually implemented, are free of unlawful discrimination

FedAssure assesses the policies and data submitted. It cannot assess what is actually occurring in the workplace beyond the information provided. Legal compliance ultimately depends upon how policies are implemented, applied, and enforced within your organization — which is a determination that requires legal counsel and, in many cases, direct factual investigation.

Users are strongly encouraged to conduct comprehensive, privilege-protected Title VII analyses through qualified legal counsel in addition to completing a FedAssure assessment. Those analyses are distinct from — and complementary to — the good faith compliance assessment conducted here. See Section 4 regarding attorney-client privilege protocols.

7. False Claims Act — Purpose and Limitations

FedAssure is designed to assist federal contractors in demonstrating a structured, documented, and good faith effort to evaluate and ensure compliance with the requirements of FAR Clause 52.222-90 and Executive Order 14398. This documentation is intended to be relevant to the scienter standard under the False Claims Act, 31 U.S.C. § 3729, by evidencing the User's good faith compliance efforts at the time of any government certification.

The value of FedAssure in the FCA context depends entirely upon the accuracy and good faith of the inputs provided. A User who knowingly submits false, incomplete, or misleading data to FedAssure in order to obtain a certification cannot rely on that certification as evidence of good faith for FCA purposes. The good faith evidentiary value of FedAssure flows from the integrity of the assessment process — which begins with honest, complete, and accurate data submission.

All FedAssure results must be reviewed by legal counsel in connection with any government investigation, audit, contract modification, or FCA proceeding before any reliance is placed upon the certification.

8. No Guarantee of Audit Protection or Safe Harbor

FedAssure certification is designed to serve as an affirmative compliance demonstration for purposes of FAR Clause 52.222-90 and to support a safe harbor framework analogous to those recognized by OSHA (VPP), the Department of Labor (PAID Program), the EPA (Audit Policy), and other federal agencies. However, as of the date of these Terms, no formal safe harbor has been established by the Office of Federal Procurement Policy, the FAR Council, the Department of Justice, or any other federal agency specifically recognizing FedAssure certification as a basis for audit forbearance or enforcement immunity.

DCI Consulting Group is actively advocating for the establishment of such a safe harbor framework. Until a formal safe harbor is recognized by appropriate government authorities, FedAssure certification represents evidence of good faith compliance efforts that may be presented to a contracting officer or other government official, but does not guarantee that a routine audit will not be conducted, that a contract will not be modified or terminated, or that enforcement action will not be initiated.

9. Certification Validity and Annual Renewal

FedAssure certifications are valid for one year from the date of issuance, subject to the condition that the User's submitted data accurately reflected the User's actual employment policies and workforce data at the time of submission. The annual certification requirement reflects the dynamic nature of employment practices and workforce data — policies change, workforces shift, and compliance obligations evolve.

A FedAssure certification issued for a prior year does not certify compliance for subsequent periods. Users should complete a new annual assessment each year to maintain current certification. DCI assumes no obligation to notify Users of changes in law, regulation, or agency guidance that may affect the accuracy or continuing validity of a prior assessment.

The guidance, standards, and regulatory requirements reflected in each assessment are current as of the date of that assessment. Employment law and federal contractor compliance requirements are subject to ongoing change. Users are encouraged to consult qualified legal counsel to confirm whether any subsequent regulatory or legislative changes affect the accuracy or continuing relevance of prior results.

10. Workforce Analytics — Additional Scope Limitations

The Workforce Analytics module of FedAssure provides broad-based pattern analyses of workforce data. These analyses are conducted at an aggregate, organizational level and are designed to identify whether broad patterns exist in which protected groups appear to be gaining consistent advantages or disadvantages across employment outcomes. By accessing or using the Workforce Analytics module, Users acknowledge and agree to the additional limitations set forth in the FedAssure Workforce Analytics Disclaimer, which is incorporated into these Terms by reference.

In particular, Users acknowledge that Workforce Analytics outputs:

• Are not disparate treatment, pattern or practice, adverse impact, or Equal Pay Act analyses
• Are subject to false positives and false negatives inherent in aggregate analysis
• Do not constitute a finding of discrimination or a finding of compliance
• Are intended for review by senior leadership and qualified legal counsel only
• Must not be distributed beyond authorized senior-most recipients without first consulting legal counsel regarding privilege and discovery considerations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DCI CONSULTING GROUP, SHRM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OF THE LEGAL ADVISORY COMMITTEE, PARTNERS, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF FEDASSURE, INCLUDING BUT NOT LIMITED TO: LOSS OF CONTRACT, LOSS OF GOVERNMENT BUSINESS, REGULATORY SANCTIONS, ENFORCEMENT ACTIONS, FALSE CLAIMS ACT LIABILITY, OR DEBARMENT.

IN NO EVENT SHALL DCI'S AGGREGATE LIABILITY TO ANY USER EXCEED THE TOTAL FEES PAID BY THAT USER TO DCI FOR ACCESS TO FEDASSURE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Confidentiality, Privilege, and Data Use

DCI treats all data submitted through FedAssure as confidential and will not disclose it to third parties except: (a) as required by law, regulation, or court order; (b) as necessary to provide the Service; (c) with the User's express written consent; or (d) in aggregate, de-identified form for research, benchmarking, or platform improvement purposes. DCI's full data handling practices are described in the FedAssure Privacy Policy.

Privilege Considerations. Users should be aware that, depending on their specific legal circumstances, data submitted to FedAssure may be subject to disclosure in legal proceedings, government investigations, or in response to a Civil Investigative Demand or EEOC subpoena. Users must consult with legal counsel regarding privilege and confidentiality considerations before submitting sensitive workforce data. In particular, Users who intend for their FedAssure assessment to be conducted under attorney-client privilege must ensure that a properly structured engagement letter is executed before initiating the assessment. See the FedAssure Attorney Privilege Version (Version 4) of the product disclaimer for guidance on establishing and maintaining privilege.

Aggregate Data Use. DCI reserves the right to use data submitted through FedAssure in aggregate, de-identified form for purposes including, but not limited to, benchmarking, research, platform improvement, industry reporting, and the development of compliance standards and resources. DCI takes confidentiality seriously and is committed to protecting the identity and confidential information of all Users. DCI will never disclose the name, identity, or any identifying information of any User or organization in connection with any such use. Any information used for aggregate purposes will be fully de-identified and presented only in aggregated form, such that no individual organization, employer, or User can be identified from the data. This commitment to confidentiality is absolute and will not be waived.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the use of FedAssure shall be resolved by binding arbitration administered by JAMS in Washington, D.C., under its Commercial Arbitration Rules, before a single arbitrator. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section shall preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction.

14. Modifications to Terms

DCI reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the FedAssure platform with a revised effective date. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of FedAssure.

15. Entire Agreement

These Terms of Service, together with the FedAssure Privacy Policy, the FedAssure Product Disclaimer (Versions 1–4), and the FedAssure Workforce Analytics Disclaimer, constitute the entire agreement between you and DCI Consulting Group regarding your use of FedAssure and supersede all prior agreements, representations, and understandings.

16. Contact Information

For questions regarding these Terms, contact: