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Responses to Questions to TIB-2015-RFP-0002
| Section |
| Question |
| Response |
| 1 |
| Section J |
| RFP Section J references an Attachment 8 for a Media Protection Policy. Please confirm whether Attachment 8 will be provided for review or if the policy is not applicable. In a previous solicitation (TIB-2014-RFP-0004), the Media Protection Policy was removed as an Attachment 8 per the Q&A question log. |
| The Media Protection Policy is not applicable. |
| 2 |
| Clauses |
| In previous solicitations (see, e.g., TIB-2014-RFP-004 and the accompanying responses provided to questions regarding the solicitation), FAR 52.209-9 was deemed inapplicable to the Contract because FAR 52.209-7 was not included in the contract. Please confirm whether FAR 52.209-9 can be disregarded once again as FAR 52.209-7 is not included in RFP Section I.2.C FAR 52.212-5. |
| Both FAR 52.209-7 and 52.209-9 are applicable. The document “Section B-M” has been updated. |
| 3 |
| 2.A NDA |
| In contrast to previous solicitations, Clause C of the Non-Disclosure Agreement included in Attachment 2.A has been modified to remove the Contractor’s ability to disclose confidential or non-public documents or information without the FRTIB’s prior consent in connection with a confidential requirement to provide such information from a regulator or governmental entity with jurisdiction over the Contractor. Please clarify whether the FRTIB now considers such disclosure without the FRTIB’s prior consent to be prohibited by the Non-Disclosure Agreement. |
| NDA 2.A has been updated to reflect the disclosure of information for confidential treatment from a government regulator or agency. |
| 4 |
| 2.A NDA |
| Clause F of the Non-Disclosure Agreement included in Attachment 2.A indicates that an employee of a subcontractor of the Contractor who has executed a non-disclosure agreement with the FRTIB under the Contract will not be considered an “unauthorized person”. In previous solicitations, Clause F has provided that an employee of a subcontractor of the Contractor who has executed a non-disclosure agreement with the Contractor (rather than the FRTIB) will not be considered an “unauthorized person”. Please confirm whether an employee of a subcontractor of the Contractor will not be considered an “unauthorized person” as long as the subcontractor and its employees are obligated pursuant to an agreement with the Contractor to maintain the confidentiality of confidential or non-public documents or information of the FRTIB accessed during the performance of duties underlying the Contract. |
| FRTIB confirms that an employee of a subcontractor of the Contractor will not be considered an “unauthorized person” as long as the subcontractor and its employees are obligated pursuant to an agreement with the Contractor to maintain the confidentiality of confidential or non-public documents or information of the FRTIB accessed during the performance of duties underlying the Contract. |
| 5 |
| 2.A NDA |
| Clause F of the Non-Disclosure Agreement included in Attachment 2.A indicates that an employee of the Contractor who has executed a non-disclosure agreement with the FRTIB under the Contract will not be considered an “unauthorized person”. In previous solicitations, Clause F has provided that an employee of the Contractor will not be considered an “unauthorized person”. Please confirm whether an employee of the Contractor will not be considered an “unauthorized person” as long as the employee and the Contractor have entered into an agreement obligating the employee to maintain the confidentiality of confidential or non-public documents or information of the FRTIB that the employee may have access to in the performance of duties underlying the Contract. If employees of the Contractor who have access to such information must execute the Non-Disclosure Agreement included in Attachment 2.B in order to not be considered an “unauthorized person”, please confirm whether such obligation is relevant only to the individuals designated as “key personnel” in Clause H.6.B of TIB-2015-RFP-0002. |
| FRTIB confirms that the NDA agreement 2.B is relevant only to the individuals designated as “key personnel” in Clause H.6.B of TIB-2015-RFP-0002. |
| 6 |
| 2.B NDA |
| The definition of “confidential and sensitive information” in the Non-Disclosure Agreement included in Attachment 2.B differs from the definition of “sensitive information” in Clause H.7 of TIB-2015-RFP-0002. Please confirm which definition is applicable when determining which employees must execute a non-disclosure agreement with the FRTIB in order to not be deemed an “unauthorized person” pursuant to Clause F of the Non-Disclosure Agreement included in Attachment 2.A. |
| The definitions are only applicable to the clauses in which they are written. |
| 7 |
| Attachment 6 - #52 |
| Please confirm the most recent benchmark report is being requested for domestic large cap equities, and not for “domestic small and mid-cap” securities as referenced. |
| Large Cap securities only is confirmed. Revised Attachment 6 has been posted. |
| 8 |
| Attachment 6 - #87 |
| Please confirm the benchmark performance is being requested for our large cap lending program, and not for our “small to mid-cap lending program” as referenced. |
| Large Cap securities only is confirmed. Revised Attachment 6 has been posted. |
| 9 |
| Attachment 6 - #87 |
| Please note RMA data publishes aggregate results for US equities rather than breaking down by large, mid and small capitalization. Please confirm that the data requested is for the relative benchmark S&P500 rather than a comparison for US equities in aggregate. |
| “RMA” has been replaced by “Markit or similar source.” Revised Attachment 6 has been posted. |
