Attach J_Mercer Non-Disclosure Agreement.docx

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Attached to
Request for Proposal - Real Estate Investment Trust (REIT) Management Services (Original Release, Amend 01, Amend 02)
Solicitation number
16PBGC26R0001
Issued by

About this file

This is a Non-Disclosure Agreement (NDA) between the Pension Benefit Guaranty Corporation (PBGC), Mercer Investment, LLC, and offerors responding to solicitation #16PBGC26R0001 for Real Estate Investment Trust (REIT) Management Services. The agreement authorizes Mercer, PBGC's investment consulting contractor, to review and analyze proposal submissions that may contain proprietary or confidential information. Prior to accessing proposals, all Mercer employees assisting PBGC must execute two additional agreements with PBGC's Procurement Department: a Conflict of Interest Certification and a Federal Procurement Integrity Act Certification, which establish standards of conduct and confidentiality protocols.

Under this NDA, Mercer commits to protecting offeror information from unauthorized use or disclosure and agrees to use proposal information solely for the stated purpose of analysis. Offerors acknowledge and consent to Mercer's review of their submissions by signing the agreement. Once executed by both the offeror and Mercer, copies must be submitted to Neeraj Baxi (neeraj.baxi@mercer.com) at Mercer, and the Contracting Officer must confirm proper execution before authorizing proposal release to Mercer for evaluation.

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ATTACHMENT J:

MERCER NON-DISCLOSURE AGREEMENT

The Pension Benefit Guaranty Corporation (PBGC) has an investment consulting contract with Mercer Investment, LLC. Under the scope of this contract, Mercer will assist PBGC to analyze proposals received in response to solicitation #16PBGC26R0001. This means that Mercer will view information and data from the proposal, some of which the offeror may consider to be proprietary or confidential.

Before beginning this work, each Mercer employee assisting PBGC will sign two agreements with PBGC’s Procurement Department in their capacity as employees of Mercer. One is a Conflict of Interest Certification and the second is a Federal Procurement Integrity Act Certification. These agreements include standards of conduct regarding conflicts of interest and safeguarding confidential information. In particular, they prohibit Mercer from revealing, publishing, or otherwise sharing proposal information with anyone outside of the specific Mercer team working with PBGC.

This non-disclosure agreement is an additional agreement between Mercer and offerors under this solicitation in which Mercer promises to protect offeror information from unauthorized use or disclosure and to refrain from using the information for any purpose other than that for which it was furnished.

By signing below, the offeror acknowledges the above and consents to allowing Mercer to review and analyze its proposal information and data, including that which may be marked by the offeror as proprietary or confidential. Upon receipt, Mercer will countersign and provide copies of the fully executed agreement to the offeror and Contracting Officer. Once the Contracting Officer has confirmed this agreement is properly executed, he will authorize release of the proposal to Mercer.

Submit executed form to:

Neeraj Baxi, CFA, Partner US Defined Benefit Investments Research Director neeraj.baxi@mercer.com

The parties hereby agree to the terms and conditions set forth in this agreement:

[Offeror Name]

Offeror authorized representative signature

Mercer Investments, LLC.

Mercer Investment, LLC. authorized representative signature

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