Questions_and_Responses_(Part_Two)_-_PBGC01-RP-15-0013.pdf

Questions and Responses (Part Two) Solicitation No. PBGC01-RP-15-0013

Index Fund Investment Management Services

1. Section H – Special Contract Requirements – H.3 PBGC -03-003 Suitability Determination Requirements (Jan 2012) – Sub-clause 2 (p. 70):

The sub-clause referenced immediately above provides that the “PBGC reserves the right to refuse any foreign national participation on this contract . . . .” Is the PBGC able to contract with an offeror that has a global employee base and would therefore find it difficult to grant the PBGC the unilateral right to determine that a foreign national may not participate on the contract (unless the foreign national has been excluded for good cause)?

Response: PBGC may be willing to modify this aspect of the clause to engage with a firm that employs individuals overseas.

2. Section H – Special Contract Requirements – H.3 PBGC -03-003 Suitability Determination Requirements (Jan 2012) – Sub-clause 3 (p. 70):

The sub-clause referenced immediately above provides that the “Contracting Officer or the Contracting Officer’s Representative (COR) will provide the appropriate background investigation forms to the contractor and give the contractor instructions for completing the background investigation process.” While our firm conducts a thorough background check upon each employee’s hiring, we prefer to not subject our employees to additional background checks mandated by external parties. Would the PBGC be able to enter into a contract with an offeror that uses its own background investigation forms and complies with its own background investigation procedures; provided that the offeror is willing to detail and document its background investigation procedures so the PBGC can ensure that the offeror’s process is sufficiently compliant with a federal Government background investigation?

Response: PBGC is willing to enter into a contract with a firm that conducts its own background investigations. The agency will consider modifying this clause to reflect this change. The contractor may be asked to detail and document its background investigation processes so PBGC can ensure that the contractor’s process is sufficiently compliant with a federal Government background investigation.

3. Section H – Special Contract Requirements – H.4 PBGC -04-005 Protection of Personally Identifiable Information (PII) (Feb 2013) (p. 71):

It is unclear whether Section H.4 is applicable to this type of solicitation. Can you please confirm whether work under this contract will require the offeror/contractor to be given access to personally identifiable information about an individual gathered and/or maintained by the Government?

Response: PBGC does not anticipate giving contractor personnel access to PII under the contract. However, this clause will remain in the contract to protect the interests of the Government in the event access to PII is necessary.

4. Section I – Contract Clauses – I.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Oct 2014) (p.78):

Please confirm whether sub-clause b(17) (FAR 52.219-9, Small Business Subcontracting Plan) is applicable to this type of solicitation for passive investment management services.

Questions and Responses (Part Two) Solicitation No. PBGC01-RP-15-0013

Index Fund Investment Management Services

Response: “Subcontractors” shall mean a person or entity that is engaged, via a “Subcontract,” to provide services solely as a result of this contract (and that Contractor’s service providers, which provide services to all of the Contractor’s clients, are not and shall not be considered to be subcontractors). In the event a contractor makes a decision to engage in subcontracts solely as a result of receiving this contract, or throughout the contract performance, the Government reserves its right to require a subcontracting plan in accordance with the requirements of this clause. A subcontractor relationship would require the contractor to flow down the FAR and PBGC clauses.

5. Section I – Contract Clauses – I.12 52.244-2 Subcontracts (Oct 2010) (p.82):

Please confirm whether this clause is applicable to this type of solicitation for passive investment management services.

Response: Clause 52.244-2 is not applicable to this requirement.