[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42862-42866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20126]


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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: [email protected]. 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