Amd_7_-_Q_ _A_ _Addl_Info.pdf

RFI-BPD-13-0069

AMENDMENT 7- QUESTIONS & ANSWERS & ADDITIONAL INFO

OPDA Securities Liquidation

1. In reference to the notional volumes traded and number of transactions for Fiscal 2008‐2012, can you further elaborate/breakout the Types of Securities that made up those values? (And potentially number of shares for US Equities if relevant)

Response: During 2008 through 2012, there were 295 transactions processed with a Net Sales dollar amount of $167.7 million. Below is a breakout of the types of transactions and number of transactions that were processed:

Common Stock 211 Preferred Stock 2 Recovery Units 14 Warrants 29 Trust Units 4 Notes 3 Capital Stock 1

Foreign Transactions:

Dollar Subordinate 1 Dollar OID Notes 8

GDR 3

Senior Dollar Notes 5 US Dollar Euronotes 3

2. The RFI gives an example for the IRS that states that an agency will attempt to “liquidate the obligation in an administrative sale. However if an acceptable minimum bid is not received, the obligations are forwarded to the OPDA for transaction.” ……Do securities normally get liquidated prior to being forwarded to the OPDA or do the majority of them get transferred in?

Response: OPDA has no way of knowing the volume of securities that the IRS would liquidate in an administrative sale. However, we do know that we have liquidated 12 securities with a dollar amount of $52,762.99.

Furthermore, 4 of the transactions are not on the stock exchange, which would not be easily liquidated. All other transactions are on the stock exchange resulting in easily liquidated securities

3. One comment, in terms of the requirement to subcontract to a small business. The definition of small business at $7m in revenues doesn’t fit any entity that exists on Wall Street, certainly not one that is viable. Are you reevaluating that requirement?

Response: No. The appropriate North American Industry Classification System (NAICS Code) for this requirement is 523120 Securities Brokerage and according to the U.S. Small Business Administration (SBA) the related size standard for this NAICS is $7.0 million. You can view the 2012 NAICS Code definition by going to the Census website and entering the NAICS in the NAICS search engine on the left: http://www.census.gov/cgi-bin/sssd/naics/naicsrch

The U.S. Small Business Administration establishes and publishes a Table of Small Business Size Standards, which is matched to the North American Industry Classification System (NAICS) for http://www.census.gov/cgi-bin/sssd/naics/naicsrch industries. According to the US SBA, the size standard is usually stated in number of employees or average annual receipts, representing the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business for SBA and federal contracting programs.

The definition of “small” varies by industry.

To learn more about these definitions read: What are the Small Business Size Standards? and/or go to the SBA website: http://www.sba.gov/content/table-small-business-size-standards

4. What is a subcontract and what are some examples where a subcontractor may be used to perform a required function of the contract?

FAR Part 52-219-9(b) defines a “Subcontract” as any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government Prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

Subcontracting examples pertaining to the OPDA Securities Liquidation: A Prime Contractor may subcontract with businesses to conduct market research on finding interested sources in purchasing a specific type of security and/or assist in any other manner in liquidating a specific domestic or foreign security where the businesses/subcontractors have a better understanding of the market area or have the capabilities/qualifications to perform a specific function of the contract.

In relation to the Small Business Subcontracting Plan, proposing other than small businesses can also account for an equitable portion of the cost spent on janitorial services, office supply purchases, IT Services, marketing services, physical security services, and other related administrative or operational support cost where small businesses are utilized to support the overall day to day operation of their business required for performance of the contract.

Please refer to the response to question three (3) above for subcontracting with small businesses that meet the size standard and pages 31-42 of the attached RFI-BPD-13-0069 related to the draft Attachment B - Subcontracting Plan for meeting the socio economic status goals for this requirement.

The following is hereby provided to assist interested vendors in understanding DOL requirements.

Department of Labor (DOL) Affirmative Action Program Information

The Executive Order 11246 http://www.dol.gov/compliance/laws/comp-eeo.htm

Affirmative Action http://www.dol.gov/dol/topic/hiring/affirmativeact.htm

DOL Events Calendar (Training Opportunities) http://webapps.dol.gov/calendar/results.asp?event_title=affirmative+action http://www.sba.gov/content/what-are-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards http://www.dol.gov/compliance/laws/comp-eeo.htm http://www.dol.gov/dol/topic/hiring/affirmativeact.htm

Samples

SAMPLE AFFIRMATIVE ACTION PROGRAM (AAP)

(SAMPLE) AFFIRMATIVE ACTION PLAN ADOPTED BY (INSERT …

CFR References:

Title 41: Public Contracts and Property Management

PART 60-1—OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS

Subpart A—Preliminary Matters; Equal Opportunity Clause; Compliance Reports

Site: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=41:1.2.3.1.1

Title 41: Public Contracts and Property Management

PART 60-2—AFFIRMATIVE ACTION PROGRAMS

Site: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=41%3A1.2.3.1.2#41:1.2.3.1.2.1.1.1

TITLE 41--Public Contracts and Property Management Subtitle B--OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS

CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT

OPPORTUNITY, DEPARTMENT OF LABOR

PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS

AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM

ERA, RECENTLY SEPARATED VETERANS, AND OTHER PROTECTED VETERANS

Site: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title41/41cfr60-250_main_02.tpl

TITLE 41--Public Contracts and Property Management Subtitle B--OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS

CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT

OPPORTUNITY, DEPARTMENT OF LABOR

PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS

AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES

Site: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title41/41cfr60-741_main_02.tpl

DOL Contact Info:

Office of Federal Contract Compliance Programs (OFCCP) 200 Constitution Avenue, NW Room C-3325 Washington, DC 20210 E-mail: OFCCP-Public@dol.gov Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 1-800-397-6251

TTY: 1-877-889-5627

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