Questions_and_Answers_-_Set_3.docx

Questions and Answers Emerging Market Equities Investment Management Services (Continuation from the second set of questions)

1. Question 36: M.6 Volume II, Phase 2 - Technical Proposal, Section A: Question 7 asks for details regarding the Contractor’s financials. Our firm has no debt and is solvent; however, as a privately-held company, we prefer to keep our financial records confidential. If disclosure of details of the financial condition of the firm is required, is the Government agreeable to an in-camera or private review of the required financial details?

PBGC Response 36: Please provide as much detail as possible. It is up to each firm to provide as much detail as possible to ensure the PBGC has the ability to evaluate this factor as required in accordance with the evaluation factors in RFP. See RFP section M for more details on the evaluation factors.

2. Question 37: M.6 Volume II, Phase 2 - Technical Proposal, Section A: Question 7 asks for details regarding the Contractor’s financials. What protections does the Government have in place to keep our financial statements and related information confidential?

PBGC Response 37: The PBGC has secure areas for all bid and proposal information and will comply with the Procurement Integrity Act and the Federal Acquisition Regulations to protect this information. Please see the Procurement Integrity Act and the Freedom of Information Act (FOIA) for more information.

3. Question 38: M.6 Volume II, Phase 2 - Technical Proposal, Section A: Question 7 asks for details regarding the Contractor’s financials. Within your organization, who will have access to our financial statements? Outside of your organization, who will have access to our financial statements?

PBGC Response 38:

Within the organization: The Procurement Division has secure areas for all bid and proposal information and will comply with the Procurement Integrity Act and the Federal Acquisition Regulations to protect this information. Upon receipt of a FOIA request, the Disclosure Division would be provided access to commercial/financial information and would share it internally on a “need to know” basis in order to make a disclosure determination. PBGC may also need to share with the PBGC Board of Directors, officials, advisors, consultants, and representatives who have a need to know the information as part of their job responsibilities.

Outside the organization: Commercial and/or financial information is usually withheld from disclosure in accordance with Exemption (b)(4) of the FOIA. If during the submitter’s notice process, the government determines no foreseeable harm exists, it will provide the submitter 10 days to pursue an injunction to prevent the disclosure. Commercial/financial information, not protected by the FOIA and particularly that information that reflects the government’s final decisions, purchases, etc. would be released. In other limited circumstances the PBGC may need to share this information with Congress or any committee, joint committee or subcommittee thereof, or with the Comptroller General.

4. Question 39: Section L: Please confirm if the RFP Written Proposals will be available in the public domain upon submission.

PBGC Response 39:

The PBGC has secure areas for all bid and proposal information and will comply with the Procurement Integrity Act as it applies to the release of such information . Please see the Procurement Integrity Act and the Freedom of Information Act (FOIA) for more information.

5. Question 40: M.6 Volume II, Phase 2 - Technical Proposal, Section A: Question 7 asks for details regarding the Contractor’s financials. Is the Government agreeable to executing a Non-Disclosure Agreement (“NDA”) with respect to our firm’s financial information?

PBGC Response 40: TEP members will sign an internal NDA but will not sign an NDA provided by an outside vendor. Regardless of an NDA, PBGC is required to properly maintain and safeguard commercial/financial information consistent with the Trade Secrets Act, the Freedom of Information Act (FOIA), and all other applicable statutory requirements.

6. Question 41: Section H.2 – CONFIDENTIALITY OF INFORMATION - Page 23: Can you please confirm the process for marking items as private and confidential in this RFP?

PBGC Response 41: The offeror should designate each page of your proposal that contains trade secret or confidential information with an appropriate legend that states that the information is a trade secret or confidential and not subject to disclosure under any federal or state freedom of information law or regulation. Please see the Procurement Integrity Act, the Freedom of Information Act (FOIA), and FAR 52.227-14 for more information.

Note: PBGC anticipates posting the remainder of the questions during the week of June 30, 2014.