RFP NUMBER 3160007244 PROPOSAL LETTER.pdf

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STATE OF MISSISSIPPI

REQUEST FOR PROPOSAL

RFP Number 3160007244

TITLE: Professional Testing Organization to Administer Mississippi Insurance Licensing and Bail Bond Exams

USING DIVISION: Licensing ISSUE DATE: March 3, 2025 ISSUING AGENCY: Mississippi Insurance Department

Sealed Proposals subject to the conditions made a part hereof will be received until 4:00 p.m.

CST, April 16, 2025, for furnishing goods and services described herein.

IMPORTANT NOTE: Indicate the RFP number on the front of each sealed proposal envelope or package, along with the date for receipt of proposals specified above. All proposals must include one (1) original, one (1) cd or usb flash drive labeled “public” which does not contain any information labeled trade secret or confidential, and six (6) hard copies directly to the Mississippi Insurance Department at one of the following addresses:

DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS

RFP NO. 3160007244 RFP NO. 3160007244

Mississippi Department of Insurance Mississippi Department of Insurance Attention: Vanessa Miller, Licensing Director Attention: Vanessa Miller, Licensing Director PO Box 79 501 N. West Street, Suite 1001 Jackson MS 39205-0079 Jackson MS 39201

Proposals should be submitted by paper. However one copy of the complete proposal including all sections in Microsoft Word Format with Exhibits in Microsoft Word or portable document format (PDF) to the following address: RFPSubmittals@mid.ms.gov. This RFP is available electronically on the Mississippi Insurance Department Website at http://www.mid.ms.gov and may be obtained by selecting Open RFPs.

Please direct all inquiries regarding RFP requirements to Vanessa Miller, Director of Licensing at one of the addresses shown above or at 601-359-2132.

mailto:RFPSubmittals@mid.ms.gov http://www.mid.ms.gov/

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ACTIVITY DATE/DEADLINE

Issue Request for Proposals Monday, March 3, 2025 Deadline for Written Questions Due Monday, March 24, 2025 by 4:00 p.m. CST Response to Questions Posted on Website

Monday, March 31, 2025 by 5.00 p.m. CST

Bid Submittals Due Wednesday, April 16, 2025 by 4:00 p.m. CST Bid Opening Thursday, April 17, 2025 at 10:00 a.m. CST

Woolfolk State Office Building, Suite 1001 Award Announcement Tuesday, April 28, 2025 Effective Date of Contract Tuesday, July 1, 2025

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REQUEST FOR PROPOSALS

PROFESSIONAL TESTING ORGANIZATION TO ADMINISTER MISSISSIPPI

INSURANCE LICENSING AND BAIL BOND EXAMS

TABLE OF CONTENTS

Section I. Proposal Preparation ……………………………………………………..4

Checklist…………………………….……………………………4

Cover sheet and Configuration Summary……………….………..5

General Information…………….………………………………..6

Section II. RFP Proposal……………………………………………………………..8

Part 1. Solicitation; Description of Services; Qualifications……..8

Part 2. Proposal of Respondent…………………………………19

Part 3. Required Contractual Provisions………………………...24

Part 4. Proposal Submission Requirements……………………..31

Part 5. Respondent Information………………………………...35

Part 6. Evaluation, Scoring and Award…………………………39

Exhibit “A” RFP Questionnaire………………………………………………………47

Exhibit “B” Reference Form………………………………………………………….49

Exhibit “C” Cost Proposal/Execution of Proposal……………………………………51

Exhibit “D” Location of Service Contracts Form…………………………………….53

Exhibit “E” Proposal Exception Summary Form…………………………………….55

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SECTION I

PROPOSAL PREPARATION

MISSISSIPPI INSURANCE DEPARTMENT (MID) RFP CHECKLIST

RFP Response Checklist: These items should be included in your response to RFP No.

3160007244.

_____ 1) Indicate the RFP number on the front of each sealed proposal envelope or package, along with the date for receipt of proposals specified above. The submission should include one (1) original complete Proposal with six (6) hard copies and one (1) cd or usb flash drive labeled “public” which does not contain any information labeled trade secret or confidential information.

Also, submit one electronic copy of the complete proposal including all sections in Microsoft Word format with Exhibits in Microsoft Word or portable document format (PDF) to the following address: RFPSubmittals@mid.ms.gov.

_____ 2) Submission Cover Sheet, signed and dated.

_____ 3) Proposal Bond, if applicable

_____ 4) Proposal Exception Summary, if applicable

_____ 5) Vendor response to RFP Questionnaire

_____ 6) Corporate Background and Experience

_____ 7) Financial Statement

_____ 8) Project Staffing and Organization

_____ 9) Technical Approach

_____ 10) Cost Proposal

_____ 11) Location of Service Contracts will be Performed

_____ 12) References

_____ 13) Submittal letter mailto:RFPSubmittals@mid.ms.gov

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SECTION I

SUBMISSION COVER SHEET & CONFIGURATION SUMMARY

Provide the following information regarding the person responsible for the completion of your Proposal. This person should also be the person the Mississippi Insurance Department (MID), should contact for questions and/or clarifications.

Name ______________________________________ Phone # _______________________

Address _____________________________________ Fax # _______________________ ______________________________________ E-mail _______________________

The representations and information in this Proposal are true and correct as of the date of the Proposal. The submitting person or entity represents that it is ready and able to execute a contract if a contract is awarded based on this Proposal. This Proposal shall remain firm and be valid through the date of the contract resulting from this RFP if awarded. The submitting person or entity understands that MID will enter contract negotiations with the winning Vendor and that required contractual provisions as contained in the RFP are non-negotiable.

The undersigned represents that the only person or persons, entities, or parties, interested in the Proposal as principals are named in this proposal. This Proposal is made without collusion with any other person, persons, company or parties submitting a Proposal. This Proposal is in all respects fair and made in good faith without collusion or fraud. If the submitting party is a business entity, the undersigned has full authority to bind the entity in a contract with MID.

The submitting person or entity acknowledges that a material false statement in or omission from this Proposal and all material submitted with this Proposal may cause rejection of the Proposal or the withholding of a contract, or may constitute a breach of an awarded contract.

Subject to acceptance by MID, the Respondent acknowledges that by submitting a Proposal and signing in the space indicated below, the Respondent is contractually obligated to comply with all items in this Request for Proposal (RFP) except those listed as exceptions on the Proposal Exception Summary Form. If no Proposal Exception Summary Form is included, the Respondent is indicating that he takes no exceptions. This acknowledgement also contractually obligates any and all subcontractors that may be proposed. Respondents who sign below may not later take exception to any point during contract negotiations. The Respondent further certifies that the company represented here is an authorized dealer in good standing of the products/services included in this Proposal and is registered with the Mississippi Secretary of State to do business in the state of Mississippi.

Original signature of Officer in Bind of Company/Date

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Name ___________________________________________

Title ___________________________________________

Company name ___________________________________________

Physical address ___________________________________________

State of Incorporation ___________________________________________

CONFIGURATION SUMMARY

The Respondent must provide a summary of the main components of the goods and services offered in this Proposal using 100 words or less.

GENERAL INFORMATION

The Mississippi Insurance Department (“MID”), is seeking proposals from interested and qualified professional testing organizations to administer license examinations for insurance agents, insurance adjusters, and bail bondsmen to test for minimum competency for entry into the insurance business or bail bonding business.

In order to submit a complete and concise response to this Request for Proposal (RFP), the Respondent is expected to thoroughly read and understand the program as described throughout this RFP.

The agreement(s) entered into pursuant to this RFP will be for a one (1) year term beginning July 1, 2025, subject to termination by either party with proper notice in accordance with the terms of the executed agreement. Upon written agreement of both parties at least ninety (90) days prior to each contract anniversary date, the Contract may be renewed by the MID for a period of three (3) successive one-year periods under the same prices, terms, and conditions as in the original contract.

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The total number of years permitted under this contract shall not exceed four years. The fees charged by the test vendor will be fixed for the entire period of the agreement.

The evaluation team will be comprised of State representatives. As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to the state as determined upon consideration of such factors listed in Part 6 of this RFP.

The terms “Respondent”, “Contractor” and “Vendor” are referenced throughout this RFP.

Generally, references to the “Respondent” are used in conjunction with the proposing organization and procurement process leading up to the final RFP selection and award. The term “Contractor” and “Vendor” denotes the role assumed, post-award, by the winning Respondent. Additionally, the terms “State of Mississippi,” “State” or “MID” may be used interchangeably throughout this RFP to denote the political entity issuing the RFP and requesting responses from Respondents throughout these specifications.

No State funds will be used for the insurance producer, insurance adjuster and bail bond examinations. All costs associated with the program will be recovered by the Respondent from candidates seeking licensure. The program of examination administration as outlined in this RFP shall be without cost to MID.

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SECTION II

RFP PROPOSAL

PART 1.

SOLICITATION; DESCRIPTION OF SERVICES; QUALIFICATIONS.

1.1 Solicitations of Proposals. The Mississippi Insurance Department (“MID), a department of the state government of Mississippi, is responsible for licensing and regulating insurance agents, insurance adjusters, and bail agents who conduct business in Mississippi. Mississippi law requires each applicant to pass a written examination, unless the applicant is exempt under a provision of state law.

MID wishes to receive proposals from Respondents to provide job related, valid, and legally defensible examinations for insurance and bail bond licensure applicants in this State. Further, MID seeks opportunities for time and cost savings by avoiding unnecessary duplication of administrative efforts in the handling of applications and in the entry of data to the computer system now used by MID.

Therefore, MID solicits proposals from qualified Respondents to enter into a contract with MID to furnish the Services described in this Request for Proposal (RFP) during the period beginning on, and ending on, and for any renewal period as agreed to by the parties upon providing 90 (ninety) days’ notice prior to contract termination date as outlined in the proposed contract. If selected, the Respondent and MID shall negotiate and execute a contract.

1.2. Description of Services. The following Services shall be provided under a contract awarded as a result of this RFP:

1.2.1. The selected Respondent will provide license administrative services on behalf of MID for insurance producer, insurance adjuster and bail agent licensees. These license administrative services will include the creation of job related, valid, and legally defensible examinations for applicants in this State; giving said examinations in a proctored environment;

and entering the examination result data into the computer system now used by MID.

1.2.2. The examinations shall be for three (3) different types of licenses: insurance producer, insurance adjuster and bail bondsmen.

1.2.2.01. Insurance Producer.

• Currently the test vendor tests for the following insurance license types: Life Producers, Accident & Health or Sickness Producers, Life Accident & Health

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Producers, Property Producers, Casualty Producers, Property & Casualty Producers, Personal Lines Producers, and Industrial Fire Producers.

• Statistics for the past three (3) years indicate that approximately 18,594 individuals completed first time insurance examinations.

• Statistics for the past three (3) years further indicate that approximately 34% take the test more than once.

• An insurance producer examination candidate guide is not currently available.

1.2.2.02. Insurance Adjuster.

• Currently the test vendor tests for the following insurance adjuster license types:

Independent Adjusters, Public Adjusters, and Workers Compensation Adjusters.

• Statistics for the past three (3) years indicate that approximately 1,870 individuals completed first time insurance examinations.

• Statistics for the past three (3) years indicate that approximately 53% take the test more than once.

• An insurance adjuster examination candidate guide is not currently available.

1.2.2.03. Bail Bondsman.

• Currently the test vendor tests Professional Bail Agents, Soliciting Bail Agents and Bail Enforcement Agents.

• Statistics for the past three (3) years indicate that 583 individuals completed the bail bond examination.

• Statistics for the past three (3) years indicate that approximately 44% take the test more than once.

• The bail bond examination candidate guide is not currently available.

1.2.3. Develop Questions for the Examinations

1.2.3.01. Examination content is based upon the specific insurance lines of authority, on the Mississippi Pre-licensing Education materials, Mississippi Insurance Statutes and the Administrative Code. For Insurance Producer examinations, the examination content must also be based upon the specific insurance line of authority of the license. The selected Respondent would be expected to provide quality examination questions which would properly, adequately and fairly reflect the knowledge necessary for licensed Mississippi insurance producers and adjusters.

1.2.3.02. Examination items must be approved by MID prior to their use in examinations. MID shall have on-line access to all approved examination items at all times.

Security of the items through the on-line access must be provided to MID.

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1.2.3.03. Each Respondent shall give a full and complete explanation of its data bank of questions for examination and its methods of developing questions and examinations. The Respondent must utilize a test development and review process, which assures the relevance of each question. It also must employ methods of psychometric review, which provide reasonable assurance of the validity and reliability of each examination. The insurance examinations are to be developed in accordance with Equal Employment Opportunity Commission requirements and the Standards for Educational and Psychological Testing. In addition, the job analysis of insurance agents, insurance adjusters, and bail agents must be conducted by the Respondent.

1.2.3.04. MID personnel and/or industry representatives appointed by the

MID shall be included on Advisory Committees or similar working groups which may be established by the Respondent in support of the program. The Respondent shall specifically agree to pay the reasonable costs of any travel and subsistence of the MID’s personnel/representatives. The Respondent shall specify the number of items within the item bank for each examination.

1.2.3.05. The Respondent will need to conduct a review of all items for the major licenses on an annual basis and on a schedule determined by MID for the limited lines licenses. The Respondent will agree to make changes when statutory changes impact the examinations.

1.2.4. Give Examinations

1.2.4.01. The Respondent will be responsible for establishing test locations throughout Mississippi. Each examination must be available five (5) days a week at the permanent test centers with Saturday being one of the five days, or the Respondent must demonstrate that its facilities and availability of examination will provide equivalent examination opportunities and convenience to candidates. At least six (6) permanent test centers will be maintained at locations approved by MID. The Respondent may make available other test locations deemed necessary by MID. Examinations at temporary locations must be administered on Saturday. Upon request of the applicant, examinations can be offered in paper and online proctored format. In addition, all online examinations are to be made available to applicants as a testing option.

1.2.4.02. Candidates must be able to pre-register for the examinations and the

Respondent must be able to register multiple candidates with one payment by Automated Clearing House (ACH) or credit card. Candidates must be able to pre-register electronically.

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1.2.4.03. MID allows non-resident adjusters that reside in states that do not license adjusters to designate Mississippi as their home state for licensing purposes. These non-resident adjusters are required to complete the same initial examination requirements for licensure as initial resident adjusters. As such, the Respondent must provide out of state testing for out of state insurance adjuster applicants in which there is a requirement for an examination for an insurance license.

1.2.4.04. The applicant’s social security number will be collected to register the applicant and provided to the Respondent during the examination authorization process.

The Respondent must have the ability to keep the applicant’s social security number and other personally identifiable information confidential and secure.

1.2.4.05. The Respondent must comply with the Federal Americans with

Disabilities Act (ADA) in administering the examinations and in the facilities used. In addition, security and monitoring procedures are to be in place at all test locations. The Respondent shall describe the test operation, personnel, procedures, and shall describe how examination administration will be monitored, both audibly and visually.

1.2.5. Scoring of Examinations.

1.2.5.01. The Respondent must score and report all examination answer sheets in accordance with the passing requirements established by MID. Respondent will also assist in establishing passing score. The Respondent shall provide MID with a method for determining the passing score, which has to be legal and defensible.

1.2.5.02. The Respondent must provide immediate score reporting to MID.

1.2.5.03. The Respondent must provide monthly statistical reports and ad hoc statistical reports to MID on request.

1.2.5.04. The Respondent must have security measures in place to prohibit fraudulent issuance of licenses.

1.2.5.05. The Respondent is responsible for any expenses associated with any errors made by the Respondent in giving an inaccurate score.

1.2.5.06. The Respondent is responsible for quality control procedures such that examinations are scored correctly.

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1.2.6. Security of Examinations and Items.

1.2.6.01. There must be a minimum of three (3) examinations in use at all times. All versions of the examination should be comparable in difficulty; there may be scrambled versions of the same examination.

1.2.6.02. Describe the system of security for the examination questions and for test center security. Also, indicate the methods used by the Respondent to provide security in transmission of test results to MID, to insurance companies, and/or candidates.

Security violations must be reported to MID.

1.2.6.03. Describe the system for disaster recovery of candidate records for minor, major and catastrophic events.

1.2.7. Provide Reports and Statistics

1.2.7.01. MID will require electronic statistical reports of number of registrants, number of individuals who pass, fail or retest, psychometric examination statistics, and demographics for examinees. The Respondent will send to MID in an electronic format a copy in paper form of each candidate’s score report.

1.2.7.02. The Respondent will provide corollary support which includes such services as providing monthly, quarterly and annual statistical reports regarding examinees, pre-licensing schools, and funds collected on behalf of MID, as well as preparing the candidate information booklet. MID will provide business rules for report requirements.

1.2.8. Notify MID, Companies and Applicants of Examination Results.

1.2.8.01. Examination results for all applicants must be received electronically by the computer service utilized by the MID within two (2) working days of each examination date.

1.2.8.02. Examination results and demographic data for passing candidates and disqualified candidates must be in an electronic format.

1.2.8.03. Examination results for applicants must be received electronically;

however, if the examination was taken by the applicant in a paper format, the examination results must be provided to the applicant within two (2) working days of the examination date.

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1.2.9. Assure Legal Requirements

1.2.9.01. MID will require assurance that all examinations will be of high quality and legally defensible under the Equal Employment Opportunity Commission uniform guidelines for examinations.

1.2.9.02. Any Respondent will be expected to pay for and participate in the defense of any legal challenges to its examinations.

1.2.10. Develop Limited Lines Tests. In addition to Producer examinations, MID also tests for Adjusters and for miscellaneous other lines of insurance (Limited Lines tests). The Respondent will be required to assist in developing an examination of quality for each of these additional lines of insurance and any other license that might be added in the future that requires an exam.

1.3. License Administration.

1.3.1. Candidate Information Booklet. The Respondent will provide separate candidate information and, also describe the procedure for developing and changing the information booklet.

The information booklet would be made available, without charge, to MID, educational providers and the candidates. The Respondent will furnish samples of various administrative forms, which would be used in operation of the program.

1.3.2. Examination Data.

1.3.2.01. The Respondent will be responsible for creating a record on all applicants, maintaining this record, and transmitting this record on all applicants electronically to the computer service utilized by the MID. In addition, the Respondent should be prepared to furnish in a timely manner on request any written and electronic copies of individual applicant files and lists of all applicants by mail as may be required.

1.3.2.02. The Respondent will retain a permanent data record of test records for all candidates in accordance with the MID Records Retention schedule.

1.3.2.03. The Respondent will establish a system that allows for qualified non-passing applicants to retest.

1.3.3. Develop Computer Program.

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1.3.3.01. The Respondent will develop any computer programs necessary to provide for administration of this system, reporting of records and results to MID and ensuring compliance with the MID Records Retention schedule.

1.3.3.02. The Respondent shall develop a program which complies with the following: current Pre-licensing guidelines, Mississippi Code and amendments, Administrative Code and amendments, MID business rules, industry standards, and any computer service utilized by the MID and NAIC systems and standards. In addition, the Respondent shall develop a partnership with third party vendors as needed to ensure the contractual obligations with MID are met.

1.3.3.03. Respondent shall comply with MID’s preferred method for all matters involving the system interfaces. At any time MID may require additional interfaces as new technology and laws develop. The Respondent shall comply with all future interface requirements for implementation of State laws, new technology and revised business rules.

1.3.3.04. The Respondent is responsible for configuring computer hardware and software. The program must be capable of transmitting examination data from the Respondent’s offices to any other system utilized by the MID.

1.3.3.05. The Respondent shall furnish any equipment which may be needed by MID in order to achieve efficiency in the transmission of data.

1.3.3.06. The Respondent shall coordinate with the system utilized by the MID to recognize changes to data architecture, dictionaries and access methods.

1.3.3.07. The Respondent shall provide a list of system outages lasting more than 24 hours during the previous 24 months, noting planned vs. unplanned outages, problems and the fix.

1.3.3.08. The Respondent shall address unplanned downtime with notification to MID within two (2) hours.

1.3.3.09. The Respondent shall address unplanned downtime notification to MID and third parties as defined by MID.

1.3.3.10. In the event a system problem occurs, Respondent shall be prepared to implement a manual work around.

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1.3.3.11. The Respondent shall notify MID staff within 24 hours by email or telephone of system problems, data transfer issues which include action taken, status of ticket priority, and time necessary to put the corrective action in place.

1.3.3.12. The Respondent shall allow for MID and MID staff to access examination data information in response to Commissioner, senior staff, or Mississippi Legislative requests within two (2) business days of request.

1.3.3.13. The Respondent shall provide user documentation training manuals, administrative procedures, and overview of technical specifications.

1.3.3.14. The Respondent shall agree for MID to post user documentation on MID’s shared drive for easy access for MID employees.

1.3.3.15. The Respondent shall provide in response to the RFP the formal security measures taken to protect Department property, data, funds and files.

1.3.3.16. The Respondent shall provide notification procedures pursuant to the State’s identity theft laws. The Respondent shall provide a notification of unauthorized access, suspicious activity detailed report of activity and possible effects.

1.3.3.17. The Respondent shall comply with the Record’s Retention policy of

MID and shall adjust accordingly when the Record’s Retention policy is updated.

1.3.3.18. The Respondent shall provide in response to the RFP a business continuity plan and disaster recovery plan.

1.3.3.19. The Respondent shall provide in response to the RFP a training plan for implementation of its program with Mississippi Education providers, identifying instructors, curriculum, objectives and schedules. This plan shall include collaboration and coordination between pre-licensing providers and Respondent.

1.3.3.20. The Respondent shall store data allowing for easy access and retrieval.

1.3.3.21. The Respondent shall provide an off-site backup for electronic application data.

1.3.3.22. The Respondent shall provide a system for prioritizing requests.

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1.3.3.23. The Respondent shall interface with several external systems and shall send data as specified by the external entities in various formats and through different communication methods per business rules of MID. Outgoing/incoming interfaces are currently Sircon/Vertafore and NIPR; however, MID’s contract with Sircon/Vertafore expires June 30, 2026; a Request for Proposal process for these services is currently ongoing. As of this time MID interfaces are Microsoft Edge and Google Chrome Browser software. The Respondent shall update interfaces as needed based on business rules or third party vendor changes.

1.3.4. Provide Information. On all working days the Respondent must provide information by letter, e-mail or telephone to candidates who have questions or complaints concerning the examination process. The Respondent will provide to MID full and complete information concerning applicants and/or the examining process during all normal working hours.

The Proposal must describe your organization’s services to meet this requirement. In addition, the Respondent should be prepared to furnish, on request, written copies of individual applicant files and lists of all applicants by mail as may be required.

1.3.5. Customer Service.

1.3.5.01. The Respondent must have customer service business rules and quality control procedures in place for candidate reservation and information dissemination regarding Mississippi programs to candidates at the reservation center. The Respondent must have business rules in place at the testing locations addressing information dissemination regarding Mississippi programs, disqualified applicant, and prerequisite licensure requirements in Mississippi. The Respondent must advise MID of any programming or resource issue which may have a negative impact on customer service within 48 hours of occurrence. The business rules for the reservation center and the test locations are to be included in the Proposal.

1.3.5.02. The Respondent shall conduct annual meetings via webinar with pre-licensing providers authorized to conduct pre-licensing classes. During the first year of this contract, the Respondent shall conduct these meetings in person and via webinar specifically to introduce the Examination Administrator’s program and procedures approved by MID. One or more representatives from MID will participate in these meetings.

1.3.6. System and Business Rule Changes.

1.3.6.01. The Respondent must be able to fully implement all components necessary to process examination business functions via an electronic method. The

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Respondent is responsible for configuring computer hardware and software for access to the web based application to conform to current MID’s current producer licensing systems and applications. The Respondent shall support the MID’s producer licensing systems interfaces and any other third parties and shall coordinate with MID to define in detail the interface requirements.

1.3.6.02. Respondent shall comply with MID’s preferred method for all matters involving the system interfaces. At any time MID may require additional interfaces as new technology and laws develop. The Respondent shall comply with all future interface requirements for implementation of State laws, new technology and revised business rules.

1.3.6.03. The Respondent shall conform to MID’s current producer licensing system’s information sharing requirements and follow business rules established by MID.

1.3.6.04. The Respondent shall coordinate with MID’s current producer licensing system to recognize changes to data architecture, dictionaries and access methods.

1.3.6.05. In addition, the Respondent must be able to accommodate process changes due to updates to statutes and administrative code, complaint handling, enforcement case management, revenue management, NAIC systems and standards, and future NAIC licensing initiatives as applicable. The Respondent shall be able to implement changes within thirty (30) days of statute or administrative rule change, third party/vendor/government agencies, complaint handling, etc. Any other system or process changes shall require the Respondent to implement within ninety (90) days.

1.3.6.06. The Respondent must provide for an applicant to register and pay fees electronically.

1.3.7. Communications to Licensees, Companies and other Industry. Respondent shall obtain approval from MID for all correspondence to licensees for individual notices and mass notification/announcements.

1.4. Costs.

1.4.1. Respondent Fees. The Respondent’s fees shall be established for the contract period. Thereafter, if the Parties agree to extend the contract, the Respondent shall notify MID in writing at least 120 days prior to renewal of any anticipated fee changes. MID will have to approve any fee change. Please provide information concerning fees as follows:

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• Respondent’s examination fee for pre-registered insurance producer applicants;

insurance adjuster applicants; and bail agent applicants.

• Penalties for cancellation of examination registration or for failure to appear for a registered appointment.

• Any other costs or fees individually described and enumerated.

• Reimbursement of fees or expenses to candidates when Respondent makes an error.

Program costs will be paid by fees collected by the Respondent from candidates.

No State funds will be used for the insurance producer, insurance adjuster and bail bond examinations. All costs associated with the program will be recovered by the Respondent from candidates. The program of examination administration as outlined in this RFP shall be without cost to MID.

1.5. Contractual Terms.

The Respondent selected under this RFP must agree to enter into contractual negotiations with MID. Any contract issued pursuant to this RFP must include the minimum terms and conditions provided in Part 3 of this RFP. Other terms and conditions may be added during contractual negotiations.

1.6. Prohibited Communications. From the issuance date of this RFP through the date the contract is awarded, each Respondent is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the State Legislature and/or governor’s office), or private entity, and the communication discusses the content of Respondent’s Proposal or qualifications, the contents of another Respondent’s proposal, another Respondent’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that has the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. Respondents not in compliance with this provision shall be disqualified from contract award, unless it is determined that the best interest of the state would not be served by the disqualification. Only the discussions, communications or transmittals of information authorized by the issuing agency in this RFP or general inquiries to the purchaser regarding the status of the contract award are exempt from this provision.

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PART 2

PROPOSAL OF RESPONDENT

2.1. Responsiveness. The Proposal must be responsive to all requirements set forth in this RFP and prepared in the form described in Part 4. A proposal determined by MID to be non-responsive shall be rejected and shall not be considered for a contract award.

2.2. Unacceptable Terms or Conditions. A proposal containing terms, conditions or qualifications deemed unacceptable to the MID may be rejected as non-responsive.

2.3. Required Content. To be responsive, a proposal must include, but is not limited to inclusion of, the following information:

2.3.1. Corporate Background and Experience. This section shall include background information on the organization and should give details of experience with similar projects. A list of references (including contact persons and telephone numbers) for which similar work has been performed shall be included and the list shall include all similar contracts performed by the Respondent in the past five (5) years. The evaluators will randomly select at least three of these references, but the evaluators reserve the right to contact all the references listed, if information from the three references contacted warrant further inquiry. The failure to list all similar contracts in the specified period may result in the rejection of the Respondent’s Proposal. The evaluators may check all public sources to determine whether Proposal has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into Respondent’s performance of those contracts and the information obtained may be considered in evaluating the Respondent’s Proposal.

2.3.2. Financial Statement. Financial statement information is required of all Proposals, whether publicly or privately held. This information must be submitted in a hard copy format (internet links are not acceptable). The Proposal shall provide one of the following types of financial information:

2.3.2.01. Audited, reviewed, or compiled financial statement. Recent audited, reviewed, or compiled financial statement which must be audited, reviewed, or compiled by an independent certified public accountant (“CPA”). The financial statement shall include, at a minimum, a statement of financial position, statement of operations and a statement of cash flows.

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2.3.2.02. Audited consolidated financial statement. Recent audited consolidated financial statement of the Respondent’s parent or related corporation/business entity shall be considered, if: (1) the Respondent’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements;

and/or (2) the parent or related corporation/business entity provides the MID with a document wherein the parent or related corporation/business entity will be financially responsible for the Respondent’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria, or the Respondent’s failure to provide one of the acceptable financial information items listed above may result in the rejection of the Respondent’s Proposal and rejection is more likely to occur if other Respondents provide financial documentation in compliance with the foregoing provisions. Respondents are also encouraged to explain any negative financial information in its financial statements and are encouraged to provide documentation supporting those explanations. If the Respondent wishes to assert that certain financial information, statements and/or documents provided in response to this proposal requirement is a confidential Trade Secret, the Respondent shall mark the financial information, statements and/or documents “confidential.”

2.3.3. Project Organization. This section must include the proposed staffing, deployment and organization of personnel to be assigned to this project. The Respondent shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

2.3.4. Technical Approach. This section shall include, in narrative, outline, and/or graph form the Respondent's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

2.3.5. Cost Proposal. The Cost Proposal shall be submitted in a separate, sealed package, one (1) original and six (6) copies. The Respondent’s fees shall be established for a period of one

(1) year term with the possibility of renewal by the MID for a period of three (3) successive one-year periods under the same prices, terms, and conditions as in the original contract. The total number of years permitted under this contract shall not exceed four years. The fees charged by the test vendor will be fixed for the entire period of the agreement.

The Cost Proposal must include the following information:

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• Respondent’s examination fee for pre-registered insurance producer applicants;

adjuster applicants; and bail agent applicants.

• Penalties for cancellation of examination registration or for failure to appear for a registered appointment.

• Any other costs or fees individually described and enumerated.

• Reimbursement of fees or expenses to candidates when Proposal makes an error.

2.3.6. Identification. The Proposal must contain: the Respondent’s correct name, mailing address, physical address if different from the mailing address, telephone numbers(s), facsimile number(s), electronic mail address(es), Federal Employer Identification Number if Respondent is a business entity, or Social Security Number if Respondent is an individual or sole proprietorship.

2.3.7. Contact Persons. The Proposal shall contain the names, titles, telephone and facsimile numbers, and electronic mail address(es) of not less than two (2) individuals designated as the Respondent’s contract persons for purposes of the Proposal. Each designated individual must be authorized to respond to questions from the MID.

2.3.8. Authority to Transact Business. If the Respondent is a non-Mississippi business entity, the Proposal shall affirmatively state that the Respondent has qualified or registered, as appropriate, through the Mississippi Secretary of State to transact business in Mississippi as of the proposed date.

2.3.9. Agreement to Contract. The Proposal shall include an unconditional agreement to enter into negotiations for a fixed-price contract with MID, within the time specified in the notice of award if Respondent is notified of a contract award.

2.3.10. Cancellations. The Proposal must include a list of all contracts that Respondent executed or accepted for licensing examination services within the two (2) years preceding the proposal date and that were canceled or terminated by any state agency or other entity prior to completion. If applicable, the Proposal must include a detailed explanation for each such cancellation or termination and the final resolution of the matter. The Proposal must include the names, telephone and facsimile numbers, and electronic mail address(es) of each such agency’s or entity’s contact individual with knowledge of the cancellation and the reasons for the cancellation.

2.3.11. Administrative Action; Litigation. The Proposal must specify whether during the two (2) years preceding the proposal date, the Respondent, including any parent or subsidiary business entity and/or office location, has been involved in any administrative proceeding or litigation with any federal, state, or other governmental entity. If applicable, the Proposal must set forth the style and case number of the proceeding, the jurisdiction in which the proceeding is or

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2.3.12. Conflicts or Potential Conflicts of Interest. The Proposal must identify any conflicts or potential conflicts of interest of Respondent or Respondent’s employees who will or may provide services under any contract resulting from this RFP. The Proposal must acknowledge the Respondent possesses the necessary independence in the provision of Services under the contract notwithstanding any disclosed existing or potential conflicts of interest.

2.3.13. Warranties. The Proposal shall include the following:

2.3.13.01. Respondent warrants that neither Respondent nor any person or entity that will participate financially in the contract has received compensation from MID for participation in preparation of the RFP and any resulting contract.

2.3.13.02. Respondent warrants that it has not given, offered to give, and does not intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to any public servant or employee in connection with this RFP and any resulting contract.

2.3.13.03. Respondent warrants that it is not currently delinquent in the payment of any taxes owed the State of Mississippi.

2.3.13.04. Respondent warrants that neither Respondent nor anyone acting for Respondent has directly or indirectly communicated Respondent’s Proposal or contents thereof to any competitor or any other person engaged in the type of business described in this RFP, has colluded or conspired with any other respondent in devising proposals in response to this RFP, or has otherwise violated the antitrust laws of Mississippi or the Federal antitrust laws in connection with Respondent’s Proposal.

2.3.14. Other information. The Proposal may contain such information not specifically required by this RFP as the Respondent may elect to submit for the MID’s consideration.

2.3.15. Proposal Bonds. A Proposal Bond is not required for this procurement.

2.3.16. Prohibited Communications. From the issuance date of this RFP through the date the contract is awarded, each Respondent is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the State

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Legislature and/or governor’s office), or private entity, and the communication discusses the content of Respondent’s Proposal, the contents of another Respondent’s proposal, another Respondent’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that has the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. Respondents not in compliance with this provision shall be disqualified from contract award, unless it is determined that the best interest of the state would not be served by the disqualification. Only the discussions, communications or transmittals of information authorized by the issuing agency in this RFP or general inquiries to the purchaser regarding the status of the contract award are exempt from this provision.

2.3.15. Acknowledgement of Amendments. Respondents shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid, by identifying the amendment number and the date in the space provided for this purpose on the bid form, or by letter. The acknowledgement must be received by the MID at the time and at the place specified for receipt of bids.

2.3.16. Certification of Independent Price Determination. The Respondent certifies that the prices submitted in response to the RFP have been arrived at independently and without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor related to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices bid.

2.3.17. Confidential or Proprietary Information. Trade secrets or similar proprietary data which the Respondent does not wish disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by Mississippi Code of 1972: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the Proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by MID. All proposals in which the entire document is marked “confidential” or “trade secret” will be rejected.

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PART 3

REQUIRED CONTRACTUAL PROVISIONS

Any Respondent must be agreeable to the contractual provisions listed below in order to be awarded the contract under this RFP. The following are minimum terms and conditions of the contract. Others may be added at a later time.

3.1. Contract Period. The agreement(s) entered into pursuant to this RFP will be for a one (1) year term beginning July 1, 2025, subject to termination by either party with proper notice in accordance with the terms of the executed agreement. Upon written agreement of both parties at least ninety (90) days prior to each contract anniversary date, the Contract may be renewed by the MID for a period of three (3) successive one-year periods under the same prices, terms, and conditions as in the original contract. The total number of years permitted under this contract shall not exceed four years. The fees charged by the test vendor will be fixed for the entire period of the agreement.

3.2. Compensation. Payment for services under this contract shall be at the contract price. The Contractor shall receive all compensation from the license applicants and not from the State or MID. Contractor warrants and understands that no monies will be paid to it from State funds and that all costs associated with the program will be recovered by the Contractor from the applicants.

3.3. No State Funds Used. It is expressly understood and agreed that there is no obligation of MID or the State of Mississippi to pay any debt owed to Contractor under this contract. No State funds will be used for the insurance producer, adjuster or bail bond examinations. All costs associated with the program will be recovered by the Respondent from candidates. The program of examination administration under this contract shall also be without cost to MID or the State of Mississippi.

3. 4. Applicable Law. Any contract negotiated under this RFP will be governed by and construed according to the laws of the State of Mississippi, excluding its conflicts of law provisions. Venue for the resolution of any dispute shall be Jackson, Hinds County, Mississippi.

The Contractor shall comply with applicable federal, state and local laws and regulations.

3.5. Compliance with Laws. The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of…