FDIC Federal Register Citations

[Federal Register: August 6, 1999 (Volume 64, Number 151)]

[Proposed Rules]

[Page 42862-42866]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr06au99-22]

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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 361

RIN 3064-AC21

Minority and Women Outreach Program--Contracting

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Board of Directors of the Federal Deposit Insurance

Corporation (FDIC) is proposing to amend its regulation establishing an

outreach program for minority- and women-owned businesses and

announcing its intention to utilize that portion of the Federal

Affirmative Action Contracting Program, set forth in the Federal

Acquisition Regulations, providing contracting benefits to Small

Disadvantaged Businesses. The FDIC will no longer grant price

evaluation adjustments based solely on race and gender criteria. The

FDIC will, however, continue its outreach programs for minorities,

women, and individuals with disabilities and entities owned by them.

DATES: Written comments must be received on or before October 5, 1999.

ADDRESSES: All written comments should be addressed to Robert E.

Feldman, Executive Secretary, Attention: Comments/OES, Federal Deposit

Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

Comments may be hand delivered to the guard station at the rear of the

550 17th Street Building (located on F Street), between the hours of

7:00 a.m. and 5:00 p.m. on business days. Comments may also be faxed:

(202) 898-3838 or submitted via Internet: comments@FDIC.gov. Comments

will be available for inspection and photocopying in the FDIC Public

Information Center, Room 100, 801 17th Street, NW., Washington, DC,

between 9:00 a.m. and 4:30 p.m. on business days.

FOR FURTHER INFORMATION CONTACT: Martin Blumenthal, Counsel, Legal

Division, Corporate Operations Branch, Corporate Legal Issues Section,

Contracting Law Unit (202) 736-0756; David McDermott, Acquisition and

Corporate Services Branch, Division of Administration, (202) 942-3434;

Rita Wiles Ross, Counsel, Legal Division, Corporate Operations Branch,

Legal Operations Section, Outside Counsel Unit, (202) 736-3072; or

Judith M. Wood, Chief, Diversity Branch, Office of Diversity and

Economic Opportunity, (202) 416-2456.

SUPPLEMENTARY INFORMATION:

I. Background

FDIC Minority- and Women-Owned Business Outreach Program

In 1989, with enactment of the Financial Institutions Reform,

Recovery and Enforcement Act (FIRREA), Congress mandated that the FDIC

augment its program for contracting activities by prescribing

``regulations to establish and oversee minority outreach program[s]

* * * to ensure inclusion, to the maximum extent possible, of

minorities and women, and entities owned by minorities and women, *

* * in all contracts entered into by the agency * * *'' 12 USC

1833e(c).

In response, the FDIC adopted a regulation that obligates and

requires the Corporation to engage in outreach efforts to identify and

register minority-and women-owned businesses (MWOBs) that can provide

the goods and services utilized by the FDIC. 12 CFR 361.6(b); Minority

and Women Outreach Program--Contracting, 57 FR 15004 (April 24, 1992).

In addition, to ensure that MWOBs are ``being included in each

solicitation, the solicitation process will include: * * * (3) Allowing

qualified MWOBs a 3% price advantage and additional technical

consideration for competitively bid services; * * *'' 12 CFR

361.8(b)(3).\1\

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\1\ The FDIC's Division of Administration has issued an

Acquisition Policy Manual (APM) establishing policies and procedures

in contracting for non-legal services. The APM provides for the

application of the 3% price evaluation adjustment for awards of

$50,000 or more. APM at Chapter 6, Sec. D.6. There is no provision

for the award of ``additional technical consideration(s).''

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In soliciting and awarding contracts for legal services, the Legal

Division ``actively seeks to engage firms owned by minorities and

women, both directly and in association with other firms.'' 12 CFR

361.11(c). However, there is no price evaluation adjustment or other

technical considerations available in contracting for legal services.

The Supreme Court has held that all racial classifications, whether

imposed by federal, state, or local governments, must be analyzed by a

reviewing court under strict scrutiny. Adarand Constructors, Inc. v.

Pena, 515 U.S. 200, 227; 115 S.Ct. 2097, 2113 (1995). To be sustained,

federal racial classifications, like those of a State, must serve a

compelling governmental interest and must be narrowly tailored to

further that interest. 515 U.S. at 229. In this context, a compelling

governmental interest may include past discriminatory barriers, whether

such barriers were a result of intentional acts of the federal

government or passive complicity in the acts of discrimination by the

private sector. Richmond v. J.A. Croson Co., 488 U.S. 469, 493 (1989).

These decisions relate to programs that confer a benefit on the basis

of race. They do not address outreach efforts where an agency only

seeks to increase the pool of available MWOB contractors.

There does not appear to be a finding of discrimination underlying

12 U.S.C. 1833e. The FDIC does not believe such a finding is necessary

to sustain an outreach program, because, unlike a program that awards

financial benefits to contract with MWOBs, a pure outreach program has

``no winners or losers.'' It only increases the potential pool of MWOB

contractors, and it does not affect the award process or favor one

group of contractors over another based on considerations of race,

ethnicity, or gender.

However, as noted above, the FDIC program has gone beyond the pure

outreach mandate of section 1833e, and through the regulation, applies

a price evaluation adjustment to awards to MWOB contractors for non-

legal services. To pass strict scrutiny, such a program requires

findings of past discrimination establishing a compelling governmental

interest, Richmond v. J.A. Croson Co., 488 U.S. 469, 493 (1989), but

there was no finding of past discrimination in the rulemaking adopting

part 361. Thus, to the extent it included a price evaluation

[[Page 42863]]

adjustment for MWOB firms, the FDIC program could well fail the first

half of the Adarand test.

Even assuming, arguendo, that there is an adequate compelling

governmental interest, the next phase of the Adarand test requires

consideration of whether the benefit conferred is sufficiently narrowly

drawn to satisfy the constitutional standard. The Court lists five

factors that may be relevant to the determination of whether an

affirmative action remedy is narrowly drawn to achieve its goal. They

are: ``(i) the efficacy of alternative remedies; (ii) the planned

duration of the remedy; (iii) the relationship between the percentage

of minority group members in the relevant population or workforce; (iv)

the availability of waiver provisions if the hiring plan could not be

met; and (v) the effect of the remedy upon innocent third parties.''

United States v. Paradise, 480 U.S. 149, 187 (1986).

Applying these standards to the 3% price evaluation adjustment

established in the regulation, it does not appear that alternative

remedies have been attempted; there is no time limit on the price

evaluation adjustment; the price evaluation adjustment is unrelated to

the percentage of minority firms in the industry or area; the price

evaluation adjustment is automatically awarded to all eligible firms in

all circumstances; and the remedy may well result in the loss of a

potential contract by non-MWOB firms despite more cost-effective bids.

Thus, the 3% price evaluation adjustment may not be sufficiently narrow

to satisfy the constitutional standard.

Affirmative Action in Federal Procurement

In 1996, the Department of Justice invited public comments on a

system designed to reform affirmative action in federal procurement in

response to Adarand. 61 FR 26042, May 23, 1996. Continuing in that

vein, in 1998, the Department of Defense, the General Services

Administration, and the National Aeronautics and Space Administration

published a revision to the Federal Acquisition Regulations (FAR)

implementing a new program of affirmative action in federal

procurement. 63 FR 52426, September 30, 1998.

In this program, each year, the Department of Commerce will make a

determination as to which industries demonstrate the results of past

discrimination and are thereby eligible for a benefit in federal

contracting. The Department of Commerce will also determine the size of

a price evaluation adjustment, not to exceed 10%, to be available in

those industries. In the first year of the program, eligible industries

that are generally used by FDIC include accounting firms, asset

managers, information technology contractors, office services, and

building services. The amount of the price evaluation adjustment for

1999 is 10%.

The price evaluation adjustment is available to firms certified as

Small Disadvantaged Businesses (SDBs) by the Small Business

Administration (SBA). An SDB is a small business firm that is at least

51% owned by individuals who are both socially and economically

disadvantaged. Socially disadvantaged individuals include Black

Americans, Hispanic Americans, Asian Pacific Americans, Subcontinent

Asian Americans, and Native Americans as a class, as well as other

groups that the SBA may from time to time designate, and individuals

that can prove by a preponderance of the evidence previous

discrimination on a case-by-case basis. Economically disadvantaged

individuals have an individual net worth of less than $750,000.\2\ The

standard for determining whether a firm qualifies as ``small'' varies

between industry classifications and may be based on revenue or number

of employees.

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\2\ The $750,000 excludes individual equity in a primary

residence and the value of the individual's ownership interest in

the firm seeking SDB status.

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The price evaluation adjustment of 10% is available to qualified

SDBs bidding in competitive procurements over $100,000 for services

within the eligible industries as determined by the Department of

Commerce.

In lieu of the price evaluation adjustment, an SDB may take

advantage of an SDB participation factor, if the contracting agency

includes such a factor in the procurement. An SDB participation factor

may be offered at the discretion of the contracting agency in

competitive procurements over $500,000, or $1,000,000 for construction

contracts. The contracting agency assigns a value to this factor.\3\ A

non-SDB may take advantage of the factor by proposing to partner with

an SDB or to use SDB subcontractors. An SDB can also take advantage of

this factor as the prime contractor. However, the SDB would only be

eligible for the participation factor if it first waives the price

evaluation adjustment. Utilization of SDBs as subcontractors may also

be encouraged, at the discretion of the contracting agency, by offering

prime contractors a financial incentive to exceed the proposed SDB

subcontracting. An additional payment can be authorized where the prime

contractor promises a particular monetary target of SDB subcontracting

and its actual performance exceeds that promise. The monetary incentive

can be up to 10% of the SDB subcontracting dollars in excess of the

target amount.

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\3\ Only SDB participation within eligible industries may be

considered under this factor.

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II. Utilization of SDB Program

It is unlikely that the FDIC MWOB price evaluation adjustment, as

implemented, would pass the Constitutional tests enunciated by the

Supreme Court in Adarand. There has been no articulation of a

compelling governmental interest as required by that case, and it does

not appear that the benefit conferred by the program is sufficiently

narrowly drawn to survive judicial scrutiny. On the other hand, the FAR

program appears to satisfy the Adarand tests. The benefits are only

available in industries where there is a compelling governmental

interest based on findings of past discrimination, and the 10% price

evaluation adjustment is related to the degree of under-representation

within the industry. Moreover, the benefit is not solely available on

the basis of race or ethnicity. Rather, to qualify, small firms must

also be owned and operated by socially and economically disadvantaged

individuals.

Although the FDIC is not subject to the FAR, the FDIC believes that

the FAR's affirmative action contracting program provides a

constitutionally sustainable means of enhancing the opportunities for

SDBs in FDIC contracting. Accordingly, the FDIC intends to voluntarily

utilize that program in lieu of the constitutionally questionable price

evaluation adjustments based on race and gender that have been awarded

in the past. With this in mind, the FDIC solicits public comment on

whether the FDIC's proposed regulation should specifically reference

the regulations that implement the federal government's SDB procurement

program, in addition to such references in the FDIC's acquisition

policies and procedures. We will, of course, continue to maintain an

Outreach Program to ensure, to the maximum extent possible, that

minorities and women and entities owned by minorities and women are

given the opportunity to fully participate in contracts to provide both

legal and other services. In addition, the FDIC will continue to follow

its policy of including individuals with disabilities in the Outreach

Program.

The program, to be included in the FDIC Acquisition Policy Manual

(APM), will provide that, for goods and services

[[Page 42864]]

acquired under Formal Contracting Procedures, as defined in the APM,

generally involving expenditures of $100,000 or more, a price

evaluation adjustment will be available to technically qualified SDB

bidders in the following circumstances: (a) The bidder has been

certified as an SDB by the SBA under procedures set forth in 13 CFR

part 124; and (b) the Standard Industrial Classification (SIC) code for

the prime contract is one in which the Department of Commerce has

authorized the use of a preference. The eligible SICs and amount of the

price evaluation adjustment is established annually by the Department

of Commerce pursuant to 48 CFR 19.201(b).

Moreover, solicitations issued under the Formal Contracting

Procedures involving awards of $500,000 or more ($1,000,000 for

construction contracts) may also include an evaluation factor for SDB

participation in the performance of the contract. The value to be

assigned this factor, if any, is determined by the contracting officer

on a contract-by-contract basis. The prime contract need not be in an

SIC code identified as authorized by the Department of Commerce for the

use of preferences, but only SDB participation in authorized SIC codes

would be considered in the evaluation of the participation factor. SDB

participation may be in the form of subcontracts, joint ventures or

teaming partners.\4\ Where the SDB is bidding as a prime contractor in

response to a solicitation that includes an SDB participation factor,

the SDB will not be eligible for the participation factor unless it

first waives its price evaluation adjustment.\5\

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\4\ Any joint venture in which an SDB undertakes to perform a

portion of the work could qualify for consideration under the SDB

participation factor. The technical value assigned to such joint

ventures under the SDB participation factor would, of course, depend

on the proportion of the work to be performed by the SDB joint

venturer. In other circumstances, a joint venture may itself qualify

as an SDB under SBA regulations. Generally, for a joint venture to

qualify, the SDB participant must have at least a 51% ownership

share, perform 51% of the work, and the managing partner must be

from the SDB participant.

\5\ In evaluating this factor, the contracting officer may

consider the specificity of the proposal, the enforceability of the

commitments, the complexity and variety of the work to be performed

by SDBs, the realism of the proposal, and the contractor's past

performance in complying with SDB participation goals.

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Utilization of SDBs as subcontractors may also be encouraged, at

the FDIC's discretion, by offering prime contractors a financial

incentive to exceed the proposed SDB subcontracting. An additional

payment can be authorized where the prime contractor promises a

particular monetary target of SDB subcontracting and its actual

performance exceeds that promise. The monetary incentive can be up to

10% of the SDB subcontracting dollars in excess of the target amount.

The FDIC will not certify SDBs. That process will be carried out by

the Small Business Administration under procedures established in the

SBA's regulations, 13 CFR part 124. SDBs responding to FDIC

solicitations are responsible for identifying themselves and certifying

their current status as an SDB. An SDB that has applied for but not yet

received SBA certification may be entitled to treatment as an SDB where

certification can be obtained before the contract is awarded. It is the

intention of the FDIC to enter into a memorandum of understanding with

the SBA, to establish procedures whereby the SBA will treat FDIC

contractors seeking SDB certification in the same manner as contractors

with FAR agencies that are similarly situated. However, if

certification cannot be obtained in a timely manner, the contract may

be awarded to another bidder.\6\

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\6\ The FDIC will communicate with the SBA to ensure that FDIC

contractors seeking certification as SDBs are given the same

consideration as other contractors seeking similar certification. In

FAR contracting, the SBA has committed itself to expedited treatment

of certification applications where an award is pending, and if

certification is not granted within that fifteen-day period, the

contracting officer may make the award to the next best bidder.

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III. Notice of Proposed Rule Making

To facilitate the implementation of the policy enunciated above, we

propose to repeal the provisions of part 361 that confer a price

evaluation adjustment, 12 CFR 361.8(b)(3), as well as make other

conforming amendments to the regulations. The FDIC Office of Diversity

and Economic Opportunity (ODEO) will continue to have overall

responsibility for providing the FDIC with technical assistance and

guidance to facilitate the identification, registration and

solicitation of minority- and women-owned firms including minority- and

women-owned law firms (MWOLFs). ODEO is also responsible for the

Corporation's outreach efforts, such as:

(1) Identifying MWOBs and MWOLFs that can provide legal or other

services to FDIC;

(2) Conducting seminars, meetings, workshops and other various

functions to promote the identification of MWOBs and/or MWOLFs; and

(3) Participating in conventions, seminars, meetings, workshops and

other functions to promote the identification and inclusion of MWOBs

and MWOLFs.

Moreover, ODEO has specific responsibility for the Outreach Program

with respect to providers of non-legal services, and in addition to the

functions noted above, it will distribute information concerning the

FDIC program for outreach to minority- and women-owned businesses.

Generally, ODEO will work with contracting officials to ensure that

minority- and women-owned firms are included on FDIC solicitation

lists.

ODEO will also collect information from each FDIC office and

division that performs contracting or outreach activities, on a

quarterly basis or upon request, including statistical information on

contract awards and solicitations by designated demographic categories

and related outreach activities. The FDIC will request and maintain

information on firms that have represented themselves as minority- or

women-owned for purposes of outreach efforts and statistical reporting.

The Legal Division will perform outreach efforts targeted at

providers of legal services. Generally, in addition to the functions

listed above, the Legal Division's National Outreach Coordinator will

require, at a minimum, quarterly submissions of statistical information

on legal fees and expenses paid to outside counsel by designated

demographic categories. FDIC will also encourage use of minority and

women lawyers within other firms and partnering of firms with MWOLFs.

Moreover, specific procedures and activities will be detailed in the

Legal Division's Outside Counsel Deskbook as well as the FDIC's web

site at: www.fdic.gov.

Proposed Rule Changes

In addition to a general editorial updating and simplification of

the rule, the FDIC proposes to amend Sec. 361.3 to remove unnecessary

definitions and to conform the definition of a minority to the SBA

definition. Section 361.4 would remain essentially unchanged.

The FDIC proposes to remove Secs. 361.7-361.10 because the FDIC

will no longer grant price evaluation adjustments based on race and

gender criteria. Statistics based on self-certification of minorities

and women and entities owned by them will be used in conjunction with

survey efforts solely for monitoring the FDIC's outreach efforts.

The FDIC seeks public comment on these proposed rule changes.

[[Page 42865]]

IV. Matters of Regulatory Procedure

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et

seq.), the FDIC may not conduct or sponsor, and a person is not

required to respond to, a collection of information unless it displays

a currently valid Office of Management and Budget (OMB) control number.

Public comment and OMB approval has previously been obtained for an

FDIC collection of information titled ``Acquisition Services

Information Requirements'' which includes questions regarding

contractors' minority status. This information collection, approved

under OMB control number 3064-0072, is valid until August 31, 2001 and

will not be changed by this proposed rulemaking.

Regulatory Flexibility Act

The FDIC has determined that this proposed rule may have a

significant economic impact on a substantial number of small entities

within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et

seq., because the amendment repeals the 3% price evaluation adjustment

that FDIC rules had provided to minority- and women-owned businesses,

including small businesses. Accordingly, this initial regulatory

flexibility analysis has been prepared in accordance with 5 U.S.C. 603.

In Adarand Constructors, Inc. v. Pena, 115 S.Ct. 2097 (1995), the

Supreme Court applied strict judicial scrutiny to federal affirmative

action programs that use racial or ethnic criteria as a basis for

decision making. The FDIC has determined that its price evaluation

adjustments for minority- and women-owned businesses may not pass the

Constitutional tests enunciated by the Supreme Court in Adarand.

Therefore, in this proposed rulemaking, the FDIC proposes to amend its

regulation to repeal that part of the regulation which provides a 3%

price evaluation adjustment to minority- and women-owned businesses

that bid on FDIC contracts. The FDIC believes that this approach is the

only readily apparent solution, because providing any price incentive

without meeting the criteria of the Court would be constitutionally

suspect.

The Federal Acquisition Regulations (FAR), 63 FR 52426, (September

30, 1998), Reform of Affirmative Action in Federal Procurement, provide

a constitutionally sustainable means of enhancing opportunities for

small and disadvantaged businesses. The FDIC will voluntarily utilize

the FAR's affirmative action program.

The objective of this proposal is to implement an outreach and

affirmative action procurement program consistent the Supreme Court's

decision in Adarand.

The 3% price evaluation adjustment being proposed for repeal was

available to minority- and women-owned firms without regard to whether

such firms were also ``small'' businesses. 12 CFR 361.8(b)(3). In 1998,

the FDIC awarded 4,628 contracts, including 1,287 (28%) to minority- or

women-owned firms. However, the overwhelming majority of those

contracts were awarded without reference to the price evaluation

adjustment because the contract was for less than the $50,000 threshold

in the rule, or the purchase was made off the Federal Supply Schedule.

Of the 537 awards that were subject to the price evaluation adjustment,

75 (14%) went to minority- or women-owned firms. Based on a self-

certification, the majority of those firms (about 62%) identified

themselves as small business concerns. The FDIC anticipates that there

will be no significant change in its contracting activity for 1999.

Thus, there may be some adverse effect on small entities that enjoyed

the price evaluation adjustment under the regulation, principally

small, women-owned firms. However, given the FDIC's record of contract

awards where the price evaluation adjustment was not applicable as well

as the benefits being conferred on Small Disadvantaged Businesses under

the federal affirmative action contracting program, it is anticipated

that the economic impact on small businesses may be substantially

attenuated.

Repeal of regulations establishing a 3% price evaluation adjustment

will not impose any new paperwork burden. Public comment and Office of

Management and Budget approval has previously been obtained for an FDIC

collection of information titled ``Acquisition Services Information

Requirements'' which includes questions regarding contractors'

minority- and/or women-owned status. This information collection,

approved under OMB control number 3064-0072 is valid until August 31,

2001 and will not be changed by the rule changes proposed herein. This

rule does not duplicate, overlap, or conflict with any other federal

rules.

Because the 3% price evaluation adjustment for minority- and women-

owned businesses would likely fail the constitutionally mandated strict

scrutiny test established in the Adarand case, the only readily

apparent alternative is to repeal the regulation. Nevertheless, parties

may wish to address the impact of repeal on contract awards to small

businesses.

Assessment of Impact of Federal Regulation on Families

The FDIC has determined that this proposed amendment will not

affect family well-being within the meaning of section 654 of the

Treasury and General Government Appropriations Act of 1999 (Public Law

105-277).

List of Subjects in 12 CFR Part 361

Government contracts, Lawyers, Legal services, Minority businesses,

Reporting and recordkeeping requirements, Women businesses.

For the reasons set forth above, the Board of Directors of the

Federal Deposit Insurance Corporation proposes to revise part 361 of

chapter III of title 12 of the Code of Federal Regulations as follows:

PART 361--MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING

Sec.

361.1 Purpose.

361.2 Policy.

361.3 Definitions.

361.4 Scope.

361.5 Oversight and monitoring.

361.6 Outreach.

Authority: 12 U.S.C. 1833e.

Sec. 361.1 Purpose.

The purpose of the FDIC Minority and Women Outreach Program (MWOP)

is to ensure that minority- and women-owned businesses (MWOBs) are

given the opportunity to participate fully in all contracts entered

into by the FDIC.

Sec. 361.2 Policy.

It is the policy of the FDIC that minorities and women, and

businesses owned by them have the maximum practicable opportunity to

participate in contracts awarded by the FDIC.

Sec. 361.3 Definitions.

For purposes of this part:

(a) The term ``minority'' has the same meaning as the term

``socially disadvantaged individuals'' as set out in the Small Business

Administration regulations at 13 CFR 124.103(b).

(b) Legal Services means all services provided by attorneys or law

firms (including services of support staff).

Sec. 361.4 Scope.

The FDIC outreach program applies to all contracts entered into by

the FDIC. The outreach program is incorporated into FDIC policies and

guidelines governing contracting and the retention of legal services.

[[Page 42866]]

Sec. 361.5 Oversight and monitoring.

(a) The FDIC Office of Diversity and Economic Opportunity (ODEO)

has overall responsibility for nationwide outreach oversight, which

includes, but is not limited to, the monitoring, review and

interpretation of relevant regulations. In addition, the ODEO is

responsible for providing the FDIC with technical assistance and

guidance to facilitate the identification, registration, and

solicitation of minority- and women-owned businesses.

(b) Each FDIC office that performs contracting or outreach

activities shall submit information to the ODEO on a quarterly basis,

or upon request. Quarterly submissions will include, at a minimum,

statistical information on contract awards and solicitations by

designated demographic categories.

Sec. 361.6 Outreach.

(a) Each office engaged in contracting with the private sector will

designate one or more MWOP coordinators. The coordinators will perform

outreach activities for MWOP and act as liaison between the FDIC and

the public on MWOP issues. On a quarterly basis, or as requested by the

ODEO, the coordinators will report to the ODEO on their implementation

of the outreach program.

(b) Outreach includes the identification and registration of MWOBs

who can provide goods and services utilized by the FDIC. This includes

distributing information concerning the MWOP.

(c) The identification of MWOBs and minority- and women-owned law

firms (MWOLFs) will primarily be accomplished by:

(1) Obtaining various lists and directories of minority-and women-

owned firms maintained by other federal, state, and local governmental

agencies;

(2) Participating in conventions, seminars and professional

meetings comprised of, or attended predominately by, MWOBs and/or

MWOLFs;

(3) Conducting seminars, meetings, workshops and other various

functions to promote the identification and registration of MWOBs and/

or MWOLFs;

(4) Placing MWOP promotional advertisements indicating

opportunities with FDIC in minority- and women-owned media; and

(5) Monitoring to assure that FDIC staff interfacing with the

contracting community are knowledgeable of, and actively promoting, the

MWOP.

By order of the Board of Directors.

Dated at Washington, D.C., this 27th day of July 1999.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 99-20126 Filed 8-5-99; 8:45 am]

BILLING CODE 6714-01-P