Section H - Draft Special Contract Reqs.pdf

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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H.1 EDUCATIONAL CONFERENCES

As a result of this contract, and at no additional cost to the Government, the contractor shall provide up to six slots in any educational conferences it may offer to clients as part of the normal contract cost. This would include the cost of related meals offered as well as education materials provided to all participants as part of the formal conference program. Non-training or non-educational activities offered at the conference including, but not limited to, golf, fishing, tours, entertainment, etc., shall not be included, as PBGC can neither pay for nor may individual employees accept these items in these circumstances. PBGC will pay for its own travel, lodging, per diem, and other subsistence expenses (e.g., if meals are not offered to all attendees as part of the conference) for attendees at such conferences. PBGC will advise the Offeror of its acceptance or declination of such slots offered at educational conferences.

H.2 RESEARCH AND SERVICES AVAILABLE TO CLIENTS

As a result of this contract, and at no additional cost, PBGC shall receive and have access to any of the Offeror's internal or external investment, market and economic research training materials and support capabilities and services in the performance of PBGC's investment responsibilities. These materials and services do not include proprietary models or information unique to the Offeror's investment process. Also, as a result of this contract, PBGC, at its discretion, may utilize other investment advisory services offered by the Offeror that are customarily offered to the Offeror’s clients at no additional cost.

H.3 FIDELITY BOND AND INSURANCE COVERAGE

The contractor shall have, or acquire within 6 months of contract award, fidelity bond coverage in the minimum amount of $10,000,000.00 with a maximum deductible of $1,000,000.00 or a roughly equivalent amount in local currency. The policy shall cover, at a minimum, losses due to dishonest or fraudulent acts as well as theft by the contractor. Proof of the existence of such fidelity bond coverage shall be provided to PBGC immediately upon its acquisition and annually thereafter.

The contractor shall have, or acquire within 6 months of contract award, errors and omissions coverage in the minimum amount of $10,000,000.00 with a maximum deductible of $1,000,000.00 per claim or a roughly equivalent amount in local currency. The policy shall cover, at a minimum, losses caused by errors, omissions, or negligent acts of the contractor. Proof of the existence of such errors and omissions coverage shall be provided to PBGC immediately upon its acquisition and annually thereafter.

The contractor shall have, or acquire within 6 months of contract award, Cyber and Technology Products and Services Liability insurance with limits of not less than $5,000,000.00 for each wrongful act. Proof of the existence of such coverage shall be provided to PBGC immediately upon its acquisition and annually thereafter.

H.4 DISASTER RECOVERY

The contractor shall have and maintain a disaster recovery plan, which includes critical business operations, computer systems, and telecommunications. The plan shall be tested and/or updated annually. The contractor shall provide a copy, or summary thereof, of the annual test results to the PBGC within 30 calendar days of the completion of the test (Section F.3 Contract Schedule and Milestone Dates - Deliverable 18). If the plan is revised, a copy, or summary thereof, of the revised plan shall be provided to PBGC within 60 calendar days of the completion (Section F.3 Contract Schedule and Milestone Dates - Deliverable 19).

H.5 OPERATING CONSTRAINTS

The contractor shall be responsible for immediate notification to the PBGC of significant changes in personnel, ownership, resources, or firm direction. The contractor shall discharge its duties under this contract solely in the interest of the PBGC with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

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would use in the conduct of an enterprise of like character and with like aims. Moreover, the contractor shall utilize best practices of the investment industry, such practices to include but not limited to the standards issued by the Chartered Financial Analyst (CFA) Institute.

H.6 RISK MANAGEMENT & TRANSACTIONS COST ANALYSIS SUPPORT

The contractor shall distribute monthly electronic holdings, transaction, and performance reports to third party risk management systems providers and T-cost consultants (See Section F.3).

• The reports support the Investment Risk Management System (IRMS). These reports are provided to the IRMS provider.

• Currently PBGC utilizes two Transaction Cost Analysis (TCA) providers. These reports are provided to a FX TCA provider and a trading cost TCA provider.

H.7 FIRM RESOURCES

The contractor shall provide a robust team dedicated to the product to support the investment process. This includes:

a. Researchers

b. Portfolio Managers

c. Traders

At least one member of the investment team shall have 5 years of experience investing in REIT equities with the firm.

H.8 ORGANIZATIONAL CONFLICT OF INTEREST

If a contractor has performed, is currently performing work, or anticipates performing work that creates or represents an actual or potential OCI, the contractor shall immediately disclose this actual or potential OCI to the PBGC CO in accordance with FAR Subpart 9.5. The nature of the OCI may involve the prime contractor, subcontractors of any tier, or teaming partners. Also see PBGC clause 52.209-7001.

H.9 ORGANIZATIONAL COMPLIANCE AND REGULATORY STANDING

The contractor shall maintain compliance with all applicable regulatory requirements and internal controls, and shall have few to no regulatory actions taken against them.

H.10 SECTION 508 COMPLIANCE REQUIREMENTS

Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) products and services provided shall fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, 29 U.S.C. 794d, and the Architectural and Transportation Barriers Compliance Board’s EIT Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The contractor shall identify all EIT products and services provided, identify the technical standards applicable to all products and services proposed, and state the degree of compliance with the applicable standards. Additionally, the contractor shall clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., Vendor’s or other exact web page location). The contractor shall ensure that the list is easily accessible by typical users beginning at time of award. Also see PBGC FAR 52.239-7000.

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