Amendment 2.doc

SAP

State of South Carolina Fixed Price Bid (Amendment #2)

Solicitation:

Amendment Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400023891 8/17/2022

KATHY SANTANDREU

803-896-5304 ksantandreu@mmo.sc.gov SFAA, Div. of Procurement Services, MMO 1201 Main Street, Suite 600 Columbia SC 29201

DESCRIPTION: Examinations of Insurance Companies

USING GOVERNMENTAL UNIT: SC Department of Insurance

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 08/24/2022 08/29/2022 11:00 AM ET (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 08/10/2022 10:00 AM ET (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: In ADDITION to your online submittal, submit one (1) paper copy to the above mailing address no later than the “submit offer by” date and time.

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Not Applicable

You must submit a signed copy of this form with Your Offer. By signing, you agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________ ___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

SAP

SAP

PAGE TWO

(Return Page Two with Your Offer) HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause) _________________________________________________ Area Code - Number - Extension Facsimile _________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause) ____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one) ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses) ____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): Preferences do not apply

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do not apply ____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009)

End of PAGE TWO

AMENDMENTS TO SOLICITATION (JAN 2004) (modified): (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov(b) Offerors shall acknowledge receipt of any amendment to this solicitation by identifying the amendment number and date in the space provided for this purpose on Page Two and returning with solicitation response (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

Questions from Offerors - amendment (revised) The solicitation is amended as provided herein. Information or changes resulting from questions will be shown in a question-and-answer format. All questions received have been reprinted below. The “state’s response” should be read without reference to the questions. The questions are included solely to provide a cross-reference to the potential Offeror that submitted the question. Questions do not form a part of the contract; the “state’s response” does.

Combined vendor questions

1. If the Offeror does not provide all the services requested in the RFP, is the offeror permitted to propose by identifying which services it does not provide? Yes.

2. Is there a maximum rate for actuarial services referenced in the RFP? Actuaries are exempt from the RFP process.

A list of the services with their corresponding maximum rates was provided in the RFP. Those are the only services SCDOI will be using and for which we plan to pay.

3. Is there any negotiation or leeway with the minimum coverages of $5,000,000/ $10,000,000 as highlighted below?

The state will update the CONTRACTOR’S LIABILITY INSURANCE – INFORMATION SECURITY AND PRIVACY (FEB 2015) clause 07-7B058-1 paragraph (e) coverage to:

(e) Coverage shall have limits no less than three million ($3,000,000.00) dollars per occurrence and five million ($5,000,000.00) dollars aggregate.

Note: Per INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015) clause 04-4010-2:

You should submit a summary of all insurance policies you have or plan to acquire to comply with the insurance requirements stated herein, if any, including policy types; coverage types; limits, sub-limits, and deductibles for each policy and coverage type; the carrier's A.M. Best rating; and whether the policy is written on an occurrence or claims-made basis.

Contractor should provide a copy of their insurance policies with their response or proof from their insurance company that they are able to acquire the insurance. Required Insurance must be in place prior to any work performed on this contract.

4. Regarding the coverages contemplated below in Section b, parts i-iv, can a vendor have a policy with separate types of insurance that add up to the $10,000,000? In other words, for example: if section (b)(i) was covered by cyber insurance with a $2,000,000 limit, section (b)(iii) was covered by professional liability insurance with a $5,000,000 limit and section (b)(iv) was covered by general liability insurance with a $3,000,000 limit, would that qualify the vendor as having $10,000,000 aggregate insurance coverage? Or does one certain type of insurance need to have a $5,000,000 minimum per occurrence and $10,000,000 aggregate minimum?

There are 2 separate insurance clauses in the solicitation document, and each insurance clause lists specific coverage and limits.

Contractor cannot add the insurance types to fulfill the requirement of the RFP.

Also, see answer to #3.

5. We are an affiliated group of insurance regulation companies (3 separate operating entities, that have three separate insurance policies). For the purposes of the minimum insurance coverage requirements below, would we be able to combine the coverages of those entities? The entity/company whose name is on the cover page of the solicitation document will be the responsible party for providing what is required for this project - including the insurance.

6. Would South Carolina have to be named as an additional insured under our policy in order to contract? Yes, SCDOI would be named.

7. Page 14 of the FPB notes online bidding instructions and specifically says “Paper offers are discouraged.” The FPB also mentions various online submission instructions. However, Page 1 mentions sending a paper copy. Is a paper copy required? If yes, can it all be one document? In ADDITION to your online submittal, submit one (1) paper copy to the above mailing address no later than the “submit offer by” date and time. Yes, one single document.

8. In FPB Section IV – Information for offerors to submit, there is a mention of a summary of all insurance policies vendors have or plan to acquire. Later in that section, the FPB says “Certificates of insurance coverage are to be readily available, if requested, prior to commencement of services under contract.” If we need to put an insurance certificate listing our types and limits, that is fine, I am just seeking clarity on what you want in the proposals. Do you want an affirmative statement about our insurance, or an actual insurance certificate?

Per INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015) clause 04-4010-2:

You should submit a summary of all insurance policies you have or plan to acquire to comply with the insurance requirements stated herein, if any, including policy types; coverage types; limits, sub-limits, and deductibles for each policy and coverage type; the carrier's A.M. Best rating; and whether the policy is written on an occurrence or claims-made basis.

Contractor should provide a copy of their insurance policies with their response or proof from their insurance company that they are able to acquire the insurance. Required Insurance must be in place prior to any work performed on this contract.

9. In a few spots referencing experience, the FPB specifically mentions life insurers. Both for general financial examinations and captive financial examinations. We meet all experience requirements one way or the other. Just wondering if there is something specific about life insurers that South Carolina needs, as opposed to P/C and health insurers.

The vendors should have experience handling issues related to life insurance and annuities such as suitability, replacement of life insurance, incontestability provisions/claim delays, insurable interest, etc.

All other terms, condition, bidding instruction, and specifications remain unchanged. If there are any question or if any confusion or uncertainty arises as a result of this amendment, it is the sole responsibility of the Offeror to contact the procurement officer for clarification. Contact information can be found in the top right-hand corner of the cover page of this amendment reference the “Duty to Inquire” in the original Fixed Price Bid (FPB).