2526-02 ITB OIR.pdf

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

State of Florida

Office of Insurance Regulation

Invitation to Bid (ITB)

Number: 2526-02 ITB OIR Examination Services

Procurement Officer:

Rebecca D. Hale

Government Analyst II Department of Financial Services

Office of Purchasing and Contractual Services 200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0347 Email: DFSpurchasing@myfloridacfo.com

ITB # 2526-02 ITB OIR

Rev. 3/20/2026

Table of Contents

SECTION 1. Introduction

SECTION 2. ITB Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Attachments

Letter

Name

Attachment Sub-components, If Any

To Be Completed and Returned

Attached for

Reference Only

A Standard Contract Contract Signature Page

Attachment 1, Standard Terms and Conditions

Attachment 2, Scope of Services Agreement

Attachment 4, PUR

Attachment 5, Data Security Requirements

B Consultant Profile Questionnaire0F

D Rule 69O-138.005, F.A.C.

1 For the Respondents that have previously submitted a Consultant Profile Questionnaire to the Office, please note that the Consultant Profile Questionnaire utilized in this ITB does include the Price Response. The Price Response is now Attachment C and must be submitted separately.

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SECTION 1. INTRODUCTION

1.1 Purpose

The Office of Insurance Regulation (Office), an agency of the state of Florida (State), is issuing this Invitation to Bid (ITB) to establish a contract for the use of examination services. The solicitation will be administered through the MyFloridaMarketPlace Vendor Information Portal (VIP). The submitted Response must comply with the terms and conditions stated in this ITB.

The Office intends to enter into multiple Contracts using Attachment A, Standard Contract, which is hereby incorporated by reference. The Office intends to award each Contract as provided in Section 5, Award, of this solicitation.

1.2 Background

The Office has the statutory duty to examine the affairs, transactions, accounts, records, and assets of each authorized insurer, prepaid limited health service organization or discount plan organization and health maintenance organization. The Office’s ability to satisfy this requirement will be enhanced by contracting with multiple qualified examiners capable of performing examinations on behalf of the Office. Section 624.316(2)(e), F.S., allows the Office to conduct insurer examinations by contracting for the services of an independent Certified Public Accountant, an actuary, a reinsurance specialist, an investment specialist, information technology specialist, or any combination of these individuals, as the circumstances of the examination require.

The financial examination standards with which the Office must comply are established by statute and adopted by Rule 69O-138, Florida Administrative Code (F.A.C.). The statutes and rules meet the requirements of the National Association of Insurance Commissioners for accreditation in financial regulation.

For more information regarding the Office’s financial examinations, see sections 624.316, 624.3161 and 641.27, F.S., and Rule 69O-138.005, Florida Administrative Code (F.A.C.) which is attached for reference.

1.3 Term

The initial term of the Contract will be one (1) year beginning on the last date of execution of the resulting Contract. The Contract may be renewed for up to three (3) years in accordance with section 287.057(14), F.S. Renewals(s) will be made at the renewal pricing specified in the Contract.

1.4 Definitions

The following definitions apply to this ITB document:

Business Days – Monday through Friday, inclusive, except for State government holidays.

Confidential Information – Any documents, data, or records that are confidential and not subject to disclosure pursuant to chapter 119, Florida Statutes (F.S.), the Florida Constitution, or any other legal authority.

Contract – The agreement that results from this competitive solicitation, if any, between the Office and the Respondent identified as providing the Response that is determined to be the most advantageous to the State.

Contractor – The Respondent that is awarded a Contract pursuant to this solicitation.

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Respondent – An entity that submits a Response to this solicitation.

Response – A formal response to this solicitation.

State - The state of Florida.

Vendor Information Portal (VIP) - The State’s eProcurement vendor information system at https://vendor.myfloridamarketplace.com.

If more than one contract is awarded, then the use of the terms “Contract,” “Contractor,” “Response,” and “Respondent,” includes the plural when applicable.

1.5 Procurement Officer

Pursuant to section 287.057(25), F.S., the Procurement Officer is the sole point of contact for this solicitation.

Procurement Officer is:

Rebecca D. Hale Government Analyst II

Office of Purchasing and Contractual Services Department of Financial Services Email: DFSpurchasing@myfloridacfo.com

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE

PROCUREMENT OFFICER.***

Please note that questions will NOT be answered by telephone. All inquiries must be directed to the Procurement Officer in writing. For expediency, the Procurement Officer at their sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues. As all questions should be submitted in writing, the Office is under no obligation to acknowledge or respond to oral inquiries, and potential Respondents are not entitled to rely upon any clarification or change to this ITB, or answer to any vendor question, except as may be provided in writing by the Office in response to questions submitted pursuant to Section 2.4, Question and Answer Period of the ITB or in an addendum to this ITB.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response.

Any such contact by any person with a relevant business relationship with a Respondent or an existing or prospective subcontractor to a Respondent is assumed to be contact on behalf of a Respondent unless shown otherwise.

1.6 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Procurement Officer. Requests for accommodations for meetings must be made at least five (5) Business Days prior https://vendor.myfloridamarketplace.com/ mailto:DFSpurchasing@myfloridacfo.com

Rev. 3/20/2026 to the meeting. A person who is hearing or speech impaired can contact the Procurement Officer by using the Florida Relay Service at (800) 955-8771 (TDD).

1.7 Cooperation with Inspector General

By providing a Response to this solicitation, the Respondent understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, in the event Respondent is awarded the Contract. The Respondent will comply with this duty and ensure that subcontracts issued under the Contract, if any, impose this requirement, in writing, on its subcontractors.

1.8 Convicted Vendor List

Pursuant to section 287.133(2)(a), F.S., “[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in [section 287.017, F.S.] for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.9 Discriminatory Vendor List

Pursuant to section 287.134(2)(a), F.S., “[a]n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.”

1.10 Antitrust Violator Vendor List

Pursuant to section 287.137(2)(a), “[a] person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

1.11 Suspended Vendor List

Pursuant to section 287.1351(2), F.S., [a] vendor that is in default on any contract with an agency or has otherwise repeatedly demonstrated a recent inability to fulfill the terms and conditions of previous state contracts or to adequately perform its duties under those contracts may not submit a bid, proposal, or reply to an agency or enter into or renew a contract to provide any goods or services to an agency after its placement, pursuant to this section, on the suspended vendor list. An agency may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned to the vendor list maintained by the department. . . and the vendor has reimbursed the agency for any reprocurement costs.”

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1.12 Scrutinized Companies.

The following paragraph applies regardless of the dollar value of the goods or services provided:

In accordance with the requirements of section 287.135, F.S., the Contractor certifies that it is not participating in a boycott of Israel. At the Office’s option, the Contract may be terminated if the Contractor is placed on the Quarterly List of Scrutinized Companies that Boycott Israel (referred to in statute as the “Scrutinized Companies that Boycott Israel List”) or becomes engaged in a boycott of Israel.

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that Boycott Israel” at the following link:

https://www.sbafla.com/governance/global-governance-mandates/.

-Remainder of this Page is Intentionally Left Blank-https://www.sbafla.com/governance/global-governance-mandates/

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SECTION 2. ITB PROCESS

2.1 Overview of the ITB

The ITB is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. Under this ITB, there will not be a mandatory pre-Response conference. Vendors may submit questions regarding this ITB to the Office during the Question and Answer Period.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Office will open Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the ITB will be evaluated for award. After the evaluation is completed, the recommendation of award decision is finalized and posted on the VIP.

This section is only intended to be an overview. Read the solicitation in its entirety for further details.

In the event of a conflict between this overview and another section of this ITB document, the other section of the ITB document will control.

2.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this solicitation. The Office reserves the right to adjust this timeline by posting addenda on the VIP. It is the Respondent’s responsibility to check VIP on a regular basis for such updates.

Event Event Time Eastern Time

(ET)

Event Date

ITB posted on the VIP. N/A May 7, 2026

Deadline to submit questions to Procurement Officer. 5:00 PM May 14, 2026

Anticipated date to post answers to Respondents’ questions on VIP. 5:00 PM May 21, 2026

Deadline to submit Responses and all required documents to the Office via email at DFSPurchasing@myfloridacfo.com. 3:00 PM July 31, 2026

Public Response opening.

Department of Financial Services Office of Insurance Regulation 200 E. Gaines Street, Larson Building-Room 101 Tallahassee, FL, 32399

NOTE: The public opening will also be conducted via conference call. To attend the public opening call 888-585-9008 and when prompted use Conference No.: 819-252-704. Attendance at this public opening is not required.

3:15 PM July 31, 2026

Anticipated date to post Notice of Intent to Award on VIP. N/A August 10, Anticipated Contract start date. N/A October 1,

2.3 Pre-Response Conference

The Office will not hold a pre-Response conference.

2.4 Question and Answer Period

Vendors may submit written questions to the Procurement Officer by the deadline listed in Section 2.2, Timeline. Questions may include requests for clarification regarding the terms, conditions, and requirements of the ITB and its attachments, and any processes described in those documents. If terms included in the Standard Contract are impractical or, for legal or operational reasons, impossible, vendors are encouraged to submit questions regarding the Office’s acceptance of specified alternative terms.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

CONTAINING QUESTIONS.***

The Office requests that vendors submit questions in the following format:

Question # Vendor Name ITB Section ITB Page # Question

Questions do not constitute a formal protest of the specifications or of the solicitation.

The Office will provide an answer to all questions that are timely submitted through an addendum that is posted on the VIP. If modifications are made to the ITB document or attachments, the Office will post the changes in an addendum on the VIP.

2.5 Public Opening of Responses

The Office will open the Responses in a public opening at the date, time, and location noted in Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

2.6 Addenda to the ITB

The Office reserves the right to make changes to this ITB by posting addenda on the VIP. It is the Respondent’s responsibility to check for any posted addenda on the VIP.

2.7 Contract Formation

The Office will enter into a Contract with each Respondent awarded pursuant to Section 5, Award. The Contract will consist of the of the documents listed under Attachment A, Standard Contract, in this ITB document’s Attachments Table. Attachment A, Standard Contract, in this ITB document’s Attachments Table.

The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITB and its attachments to the attention of the Office prior to the submission of its Response. At any time during the solicitation, the Office may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

-Remainder of Page Intentionally Left Blank-

SECTION 3. RESPONSE INSTRUCTIONS

3.1 Instructions to Respondents

This section contains the General Instructions (PUR 1001) and Special Instructions to Respondents.

The PUR 1001 can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resourc es/state_purchasing_pur_forms.

The Special Instructions are in the remainder of Section 3 of this ITB document. In accordance with Rule 60A-1.002, F.A.C., in the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions will prevail.

Sections 7, 8, and 13 of the PUR 1001 are inapplicable. Section 3, 5, and 9 of the PUR 1001 are replaced with the following:

Section 3. Electronic Submission of Responses.

Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the ITB document.

Section 5. Questions.

Questions shall be submitted in accordance with Section 2.4, Question and Answer Period, of the ITB document.

Section 9. Respondent’s Representation and Authorization.

(a) In submitting its Response, the Respondent understands, represents, and acknowledges the following:

• The Respondent is not currently under suspension or debarment by the state of Florida or any other governmental authority.

• The Response is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

• The Respondent will conform to the terms and conditions of the Standard Contract without exception, or, where an exception is made by Respondent, will provide an alternative that is equivalent to or exceeds the Office’s terms and conditions.

• If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the Office.

• The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Response.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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• The Respondent shall indemnify, defend, and hold harmless the Office and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Response.

• All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Office in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Office of the true facts relating to submission of the Response. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, F.S.

(b) In submitting a Response, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent shall submit with its Response a written explanation of why it cannot do so. The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S.):

• To the best knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• Respondent currently has no delinquent obligations to the state of Florida, including a claim by the state of Florida for liquidated damages under any other contract.

• The Respondent has fully informed the Office in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

• Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within the three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

3.2 Mandatory Responsiveness Requirements

A Respondent whose Response does not meet the mandatory responsiveness requirements listed below will be deemed non-responsive and will not be considered for contract award.

The mandatory responsiveness requirements are as follows:

1. The Response must include a fully completed, Attachment B, Consultant Profile Questionnaire.

2. The Response must include an Attachment C, Price Response.

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The Office will not evaluate a Response from a Respondent that does not meet the mandatory responsiveness requirements. A Response that meets the mandatory responsiveness requirements listed above is presumed to conform in all material respects to the solicitation. The Office reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

3.3 Contents of the response

The Office requests that Responses be organized in sections as provided below.

3.3.1 Volume 1: Response Qualification Documents

The Office requests that the Respondent:

A. Cover Letter Submit a cover letter on the Respondent’s letterhead that contains the following information:

1. The name and principal place of business of the Respondent;

2. The Respondent’s Federal Employer Identification Number (FEIN); and

3. The name, title, mailing address, telephone number, and e-mail address of the

Respondent’s contact person for purposes of the ITB and, if available, an alternate contact person.

B. Responses or Disclosures Required by the PUR 1001.

1. Submit any disclosures required by Section 6 of the PUR 1001.

2. Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section 3.1 of this ITB. If unable to certify to any of the provisions of part (b) of Section 9 of the PUR 1001, as modified by Section 3.1 of this ITB, submit a written explanation of why the Respondent cannot do so. The Respondent’s explanations may result in the Office finding the Respondent not to be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S. No exceptions to part (a) of Section 9 of the PUR 1001, as modified by Section 3.1 of this ITB document, will be accepted.

3.3.2 Volume 2: Mandatory Requirements

The Respondent shall:

A. Price Response Submit an Attachment C, Price Response.

B. Consultant Profile Questionnaire

Submit a completed Attachment B, Consultant Profile Questionnaire. The Mandatory Criteria Form is included in the Consultant Profile Questionnaire. On the Mandatory Criteria Form, Respondents must provide a “Yes” Certification Answer for each Certification Question. A Respondent’s failure to provide a “Yes” Certification Answer for each Certification Question will result in the Respondent being deemed non-responsive.

3.4 How to Submit a Response

The Office will only accept Responses to this ITB in digital format via email, unless alternative delivery option has been established, as indicated below. The Respondent should submit:

• One (1) original digital version of each volume of the Response.

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• One (1) REDACTED digital copy of the Response, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions). The Respondent must ensure that all metadata has been removed from the files in the redacted copy.

Responses must be emailed to DFSPurchasing@myfloridacfo.com by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly title the Response with the ITB number and Respondent’s name. If a Respondent is unable to submit its Response via email due to size limitations, the Respondent must contact the Procurement Officer will provide alternative submission options. Responses submitted beyond the deadline or to a different location will not be considered.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the ITB will become the exclusive property of the Office and will not be returned to the Respondent. Responses received by the Office may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S. The Office has the right to use any or all ideas or adaptations of the ideas presented in any Response. Selection or rejection of a Response will not affect this right.

Pursuant to chapter 119, F.S., it is the policy of the State that all state records are open for personal inspection and copying by any person. If the Respondent considers any portion of its Response to contain trade secrets or otherwise Confidential Information, such assertions must be made in writing upon submission of the Response.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under Chapter 119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Office with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope. If the Respondent fails to submit a Redacted Copy of its Response, the Office is authorized to produce the entire unredacted Response submitted to the Office in response to a public records request.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Office’s ITB name and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material for which a Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Office provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent must submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. The Office will follow the procedures identified in the Standard Contract’s Attachment 4, General Contract Conditions, Section 10, if the Office receives a further mailto:DFSPurchasing@myfloridacfo.com

Rev. 3/20/2026 request for Confidential Information or exempt material that has been clearly identified as such in writing by the Respondent.

3.6.2 Respondent’s Obligations to Defend its Claims

The Office is not obligated to agree with a Respondent’s claim of exemption or Confidential Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Office for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Office may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Office’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Office if the Respondent submits a signed, written request for withdrawal to the Procurement Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 Minor Irregularities

The Office reserves the right to accept, reject, or waive any minor irregularity (including deviations, technicalities, or omissions) if the Office determines that doing so will serve the best interest of the State. At its option, the Office may allow a Respondent to correct any minor irregularity, but the Office is under no obligation to do so. The Office may request that a Respondent provide clarifications to correct any minor irregularity.

3.9 Additional Information

At any time during the solicitation process, the Office may request, and the Respondent must provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in the disqualification or rejection of the Response.

The Office reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance, if the Office determines that such information is pertinent to the ITB. The Office may consider such information throughout the solicitation process including, but not limited to, when determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Office engaging consultants, subject matter experts, and others to ensure that the Office has a complete understanding of the information provided pursuant to the solicitation.

SECTION 4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness Requirements, will be deemed non-responsive and will not be considered for Contract award.

4.2 Review of Price Response

Pursuant to this ITB, the Procurement Officer will evaluate the Price Response of a responsible and responsive Respondents.

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SECTION 5. AWARD

5.1 Basis of Award

A Contract may be awarded to the responsible and responsive Respondents that meet the criteria as described in Section 4, Selection Methodology. The Office intends to award multiple Respondents but reserves the right to award to one Respondent or to make no award, as determined to be in the best interest of the State.

The Office reserves the right to determine which Responses are responsive and responsible at any time during the solicitation. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not being responsible vendors as defined in section 287.012, F.S. The Office may request additional information pertaining to the Respondent’s ability and qualifications to accomplish all services described in this ITB as deemed necessary during the ITB or after Contract award.

The Office reserves the right to accept or reject any or all Responses, or separable portions of Responses. The award of a Contact does not guarantee a Respondent any business with the Office.

5.2 Award Preferences for Identical Evaluation of Identical Responses In the event that the ITB results in identical evaluations of Responses, the Office will review the Identical Tie Response Form contained in Attachment B, Consultant Profile Questionnaire. Based on those forms, the Office will give the award to a Respondent if it is a minority-owned (which includes women-owned) or veteran-owned business. If more than one Respondent is entitled to this preference, the preference will be given to the Respondent that is the qualifying business of the smallest net worth, consistent with section 295.187(4)(b), F.S. If the award cannot be decided based on this preference, the Office will apply the criteria identified in subsections (1), (3), (4) of Rule 60A-1.011, F.A.C., in that order of precedence.

5.3 Bid Tabulation

The Office will develop a bid tabulation sheet that will show a comparison between the responsible and responsive Respondents’ price points.

5.4 The Insurance Commissioner’s Approval

The Insurance Commissioner, or designee, will make the final decision for award after receiving the bid tabulation.

5.5 Agency Decision

The Office will post a Notice of Intent to Award, stating its intent to enter into one (1) more Contracts with the Respondent(s) identified therein on the VIP. If the Office decides to reject all Responses at any time during the solicitation, the Office will post a notice to that effect on the VIP.

5.6 MyFloridaMarketplace (MFMP) Registration

The awarded Respondent must have a current vendor registration in MFMP, at https://vendor.myfloridamarketplace.com/, prior to Contract execution.

The awarded Respondent will be required to pay the required transaction fees as specified in PUR 1000, section 14, unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

https://vendor.myfloridamarketplace.com/

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5.7 Execution of Contract

Unless otherwise agreed by the Office, the awarded Respondent must sign the Contract within seven

(7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Office reserves the right to withdraw its Notice of Intent to Award if the Contract is not timely signed or if it determines that it is in the best interest of the State to do so. The Office also reserves the right to award to the Respondent ranked second if the Office does not receive a timely signed Contract from the awarded Respondent.

The Contract will be posted on the Florida Accountability Contract Tracking System (FACTS) at https://facts.fldfs.com/, in accordance with section 215.985, F.S., the Transparency Florida Act.

https://facts.fldfs.com/

Rev. 07/23/2021

Office of Insurance Regulation Contract Signature Page

Contract Title Contract Number Examination Services

P.O. No. or Solicitation No., if any

2526-02 ITB OIR TBD

1. This Contract is entered into between the parties named below, located at the addresses which follow:

The Office of Insurance Regulation, 200 East Gaines Street, Tallahassee, FL 32399 (hereinafter called the “Office”)

[Contractor’s Name, address] (hereinafter called the “Contractor”)

2. Contract to Begin: Date of Completion: Renewals:

date last signed below (“Effective Date”) One (1) year from Effective Date Up to three (3) years

3. Total Price of Contract Term: Total Price of Renewal Term: Total Price of Contract Term Plus

Renewal Term:

TBD – based on examination assignments TBD – based on examination assignments TBD – based on examination assignments

4. Performance Bond, if any: Other Bonds, if any:

5. Reference to Appropriation for Year 1 of the Contract (if the Contract is over $5 million pursuant to section 216.313, F.S.):

6. Office’s Contract Manager Contractor’s Contract Manager Name:

Address:

Phone:

TBD

200 East Gaines Street, Tallahassee, FL 850-413-5204 E-mail exams @floir.com

Name:

Address:

Phone:

7. The parties agree to comply with the terms and conditions of the following attachments which are hereby incorporated by reference:

Attachment 1: Special Contract Conditions Attachment 2: Scope of Services Agreement Attachment 3: Price Response Attachment 4: PUR 1000

8. The parties agree to comply with the terms and conditions of the following addenda which are hereby incorporated by reference:

Attachment 5: Data Security Requirements

IN WITNESS WHEREOF, this Contract is being executed by the parties and will begin on the Effective Date.

CONTRACTOR

Contractor’s Name (if other than individual, state whether corporation, partnership, etc.)

By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing

Office of Insurance Regulation OFFICE

By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing

Attachment 1 – Special Contract Conditions OIR v 11.01.2025

STATE OF FLORIDA

OFFICE OF INSURANCE REGULATION

ATTACHMENT 1

Special Contract Conditions

1. Notices.

All notices referenced in this Contract must be obtained from the Parties' Contract Managers or their designees if designated in writing. Where the term “written notice” is used to specify a notice requirement herein, said notice will be deemed to have been given (i) when personally delivered; (ii) when transmitted via facsimile (with confirmation of receipt) or email (with confirmation of receipt), provided the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid); (iii) the day following the day (except if not a Business Day then the next Business Day) on which the same has been delivered prepaid to a recognized overnight delivery service; or (iv) shall be deemed received on the date actually received except where there is a date of the certification of receipt.

2. Renewals.

Section 287.058(1)(g), Florida Statutes (F.S.), is hereby incorporated by reference. If Attachment 2, Statement of Work, indicates that renewals are available, any renewal entered must comply with all applicable requirements of section 287.057(14), F.S., including the limitations on the period of time for which renewals may be permitted.

Renewals may only be entered when funding is available and when performance evaluations reflect satisfactory performance by the Contractor. Renewals must be at the price specified in this Contract and must not compensate the Contractor for any costs associated with the renewals.

3. Amendments.

This Contract may be amended only by a written agreement between the parties. All statements indicating that continued use of a product or clicking a box in an electronic application constitutes acceptance of terms and conditions are void. The Office may unilaterally require, by written amendment, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Office may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Office may solicit separate bids to satisfy them.

4. Contract Managers.

If different Contract Managers are designated by any Party after execution of this Contract, notice of the name and contact information of the new Contract Manager shall be submitted in writing (by either mail or email) to all other Parties and maintained in the respective Party’s Contract records. Designation of a new Contract Manager will not require a written amendment to the Contract.

5. Appropriation.

Pursuant to section 287.0582, F.S., the Office’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.

6. Deliverables.

The Contractor agrees to render the services or other units of deliverables, which may be comprised of tasks or activities, as set forth in Attachment 2, Statement of Work. The services or other units of deliverables specified shall be delivered in accordance with the schedule and at the pricing outlined in (when applicable) Attachment 2, Statement of Work; Attachment 3, Price Response; and/or the State Term Contract.

7. Performance Measures.

Satisfactory performance requires the Contractor’s compliance with the following: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in Attachment 2, Statement of Work;

(3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services offered do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) any person or entity, whether an agent or independent contractor, that performs work on the Contract for the Contractor (Contractor Representative) will comply with any security requirements and processes as provided by the Office, or provided by the Office’s customer, for work done at the Office or other locations. The Office reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Contractor meet the Contract requirements. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable/requirement does not foreclose the Office’s remedies if those performance standards that cannot be readily measured at the time of delivery are not met.

8. Acceptance of Deliverables.

a. Acceptance Process. All deliverables must be received and accepted in writing by the Office’s Contract Manager before payment, unless advanced payment or partial payment has been authorized in accordance with section 215.422, F.S. The Office will have fifteen (15) calendar days to inspect and approve the deliverables after receipt.

b. Rejection of Deliverables. The Office reserves the right to reject deliverables outlined in Attachment 2, Statement of Work, as incomplete, inadequate, or unacceptable due in whole or in part to the Contractor’s lack of satisfactory performance under the terms of this Contract. If the Office’s Contract Manager does not accept a deliverable within fifteen (15) calendar days, the deliverable will be deemed rejected. Failure to fulfill the appropriate technical requirements or complete all tasks, duties, or activities as identified in Attachment 2, Statement of Work, will result in rejection of the deliverable and the associated invoice. The Office, at its option, may allow additional time within which the Contractor may remedy the objections noted by the Office before the Office issues a notice of default. If the Office’s Contract Manager allows additional time for the Contractor to correct a rejected deliverable, the Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding within a reasonable time or, if a time certain is specified, within the additional time allotted. All work done to correct a rejected deliverable will be done at the Contractor’s expense.

c. Status Reports. If status reports are required as part of the Contract, the Contractor shall timely submit status reports showing each task, activity, and deliverable worked on; attesting to the level of services provided; listing the hours spent on each task, activity, or deliverable; and listing any upcoming tasks, activities, or deliverables.

d. Completion Criteria and Date. The Contract will be considered complete once all deliverables under the Contract have been provided and accepted. The final date for completion of the Contract must not exceed the Contract duration, including any executed renewals or extensions, or, where applicable, the expiration date of any purchase orders made from the Contract.

9. Financial Consequences for Nonperformance.

In addition to any specific financial consequences that might be stated in Attachment 2, Statement of Work, the Office will withhold payment when the Contractor has failed to perform or comply with any provision of this Contract. These consequences for nonperformance are not to be considered penalties.

10. Dispute Resolution.

The following provision replaces Section 8.a., Dispute Resolution, of Attachment 4, PUR 1000, General Contract Conditions:

The Contractor is obligated to address any cost-related issues with the Office for which the Contractor believes the State of Florida (State) is liable and address all costs of every type to which the Contractor is entitled from the occurrence of the claimed event. The Contractor cannot seek a claim under this Contract for an increase in payment. Any claim, counterclaim, or dispute between the Office and the Contractor relating to this Contract will be resolved as set forth herein.

a. Jurisdiction. Jurisdiction for any damages arising under the terms of the Contract will be in the courts of the

State, and venue will be in the Second Judicial Circuit in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney’s fees incurred in connection with disputes arising under the terms of this Contract.

b. Initial Resolution Process. For all claims, the party with the dispute shall submit an affidavit to the other party that is executed by that party’s Contract Manager, or designee, certifying that:

i. The claim is made in good faith;

ii. The claim accurately reflects the adjustments for performance; and

iii. The supporting data provided with such an affidavit are current and complete to the Contract Manager’s, or designee’s, best knowledge and belief.

The party receiving notice of the dispute must respond to the disputing party, in writing, proposing a resolution to the dispute.

c. Informal Resolution Process. If the parties are unable to resolve any dispute through the initial resolution process, the parties shall meet with the Commissioner of Insurance Regulation, or designee, for the purpose of attempting to resolve such dispute without the need for formal legal proceedings, as follows:

i. The representatives of the Contractor and the Office shall meet as often as the parties reasonably deem necessary to gather and furnish to each other all information with respect to the matter at issue which the parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and negotiate in good faith to resolve the dispute without the necessity of any formal proceeding.

ii. During the course of negotiations, all reasonable requests made by one party to another for non-privileged information reasonably related to this Contract will be honored in order that each of the parties may be fully advised of the other's position.

iii. The specific format for the discussions will be left to the discretion of the designated Office’s and Contractor’s representatives but may include the preparation of agreed upon statements of fact or written statements of position.

iv. Following the completion of this process, the Commissioner of Insurance Regulation, or designee, will issue a written opinion regarding the issue(s) in dispute. The opinion regarding the dispute will be considered the Office’s final action.

d. Continued Performance. Each party agrees to continue performing its obligations under this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (dispute with the Office over compensation will not be deemed to preclude performance) and without limiting any party’s right to terminate this Contract for convenience or default.

11. JURY WAIVER.

The following provision replaces Section 8.d., Jury Waiver, of Attachment 4, PUR 1000, General Contract Conditions:

THE PARTIES, ON BEHALF OF THEMSELVES AND ASSIGNS, HEREBY

KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY

WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY ACTION, APPEAL,

CLAIM, OR PROCEEDING, WHETHER IN LAW OR IN EQUITY, WHICH IN

ANY WAY ARISES OUT OF OR…