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Question
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Item C under the Web Accessibility states (c) Contractor shall: (i) upon request, provide the University with its accessibility testing results and written documentation verifying accessibility; (ii) promptly respond to and resolve accessibility complaints and (iii) indemnify and hold the University harmless in the event of claims arising from inaccessibility
Can your clarify that inaccessibility in the second sentence of section D means material inaccessibility?
Also can you clarify that complaints in section C ii are complaints related to the web services listed in the record keeping agreement?
Furthermore can you clarify that there is only one accessibility audit required?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 04:29:40 PM (ET)
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Question
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The question pertains to the document titled ‘Clemson University Standard Terms of Purchase – Revision F Effective November 15, 2020’, under ‘Warranty Standard, Warranties’
Would Clemson be willing to discuss and negotiate these provisions as they relate to the recordkeeping services with the winning bidder(s)?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:20:40 PM (ET)
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Question
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The question pertains to the document titled ‘Clemson University Standard Terms of Purchase – Revision F Effective November 15, 2020’, under ‘Intellectual Property Infringement, Intellectual Property Use, Ownership of Data & Materials, Publicity ‘
If awarded a successful contract with Clemson, would you agree to discuss and negotiate these provisions as they relate to the recordkeeping services that the record keeper would be providing?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:20:30 PM (ET)
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Question
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The question pertains to the document titled ‘Clemson University Standard Terms of Purchase – Revision F Effective November 15, 2020’, under ‘Contract Documents & Order of Precedence’
Please clarify the use of ‘Record of Negotiations’. Currently there is a Record Keeping Services Agreement (RKSA) between Clemson University and service provider. Do you envision the terms in the RKSA to be further adjusted and finally agreed to by the parties in connection with this solicitation? Would you also agree that where the Record of Negotiations and the Standard Terms of Purchase cover the same subject matter (e.g., subcontracting, pricing, indemnification, termination, contracted services, force majeure), the terms of the Record of Negotiations shall exclusively control?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:20:08 PM (ET)
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Question
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As a current provider, we meet with employees to provide financial education and advice. This includes wealth management services in and out of the plan.
Under the section ‘Confidentiality, Restrictions on Presenting Terms of Use or Offering Additional Services, Contract Limitations', Would Clemson agree that we can continue to use plan data, in accordance with our standard approach and policy, to:(i) provide contracted services (ii) answer participant inquiries, follow participant direction, and respond to participant needs reasonably identified during the provision of contracted services concerning non-plan financial products and services (iii) solicit the consent of participants to receive information about non-plan financial products and services (iv) perform data analysis,management reporting,fraud prevention and other activities and operations that are ancillary to the provision or improvement of contracted services (v)provide generalized advertising and brand marketing.
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:20:03 PM (ET)
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Question
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The question pertains to the document titled ‘Clemson University Standard Terms of Purchase – Revision F Effective November 15, 2020’ , under the section titled, ‘Data Security and Reports, Family Educational Rights and Privacy Act (FERPA), GDPR Compliance.
Can you clarify that these provisions are not applicable to the recordkeeping services. Do you agree to “if applicable” qualifier?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:14:41 PM (ET)
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Question
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The question pertains to the document titled ‘Clemson University Standard Terms of Purchase – Revision F Effective November 15, 2020’ , under the section titled ‘Software Upgrades and Enhancements, Software Maintenance and Support Services, Warranty Standard’
The current software that as a record keeper we utilize is OmniPlus, which is leased from FIS (Formerly Sungard). OmniPlus, while not proprietary, is utilized by several prominent record keepers in the industry, and is well known in retirement plan record keeping. If a bidder were to win the RFP contract, would you agree to discuss and negotiate software-related provisions (including related warranties) as applicable to our recordkeeping platform, with the understanding that the record keeper can only pass along those warranties we have been provided?
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 03:14:25 PM (ET)
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Question
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Modifications Request to Clemson University Standard Terms of Purchase
SOFTWARE UPGRADES AND ENHANCEMENTS: Voya respectfully requests this provision be revised as follows -
SOFTWARE UPGRADES AND ENHANCEMENTS: Contractor shall at no additional cost provide access to: (i) updated versions of the software to operate on upgraded versions of operating systems (ii) updated versions of the software that encompass improvements, extensions, maintenance updates, error corrections, or other changes that are logical improvements or extensions of the original software made available to University; and (iii) interface modules that are developed by Contractor for interfacing the software to other software products.
Explanation for requested modifications:
Voya’s software/hardware is not provided to clients even if Voya were to build a certain area of functionality for Clemson University specifically. Accordingly Voya requests Software Upgrades and Enhancement provision be modified.
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 01:16:46 PM (ET)
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Question
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Modifications Request to Clemson University Standard Terms of Purchase
INTELLECTUAL PROPERTY USE: Voya respectfully requests this provision be revised as follows - This software/hardware to which the University may be provided access to may be used by the University for academic, research and development, or commercial purposes.
Explanation for requested modifications:
Voya’s software/hardware is not provided to clients even if Voya were to build a certain area of functionality for Clemson University specifically. Accordingly Voya requests the Intellectual Property Use and Software Upgrades and Enhancements provisions be modified as shown.
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 01:11:50 PM (ET)
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Question
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Modifications Request to Clemson University Standard Terms of Purchase
INSURANCE: Voya respectfully requests the last sentence of paragraph (e) and paragraph (k) be stricken.
Explanation for requested modifications:
(e) Voya has deemed its insurance policies as confidential information and thus not subject to disclosure. However Voya will furnish Clemson University with certificates of coverage should Clemson University select Voya as a finalist. Accordingly, we respectfully request the last sentence of provision (e) be stricken.
(k) Voya cannot allow an individual client to approve or recommend a change to the deductibles or retentions applicable, given that our policies apply to all clients. Accordingly, we respectfully request provision (k) be stricken.
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Answer
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See the Q&A document and any supporting documents in ADDENDUM 1 located under the attachments tab in this online bidding system.
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Submitted
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8/17/2022 01:07:09 PM (ET)
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