Judicial Officers Online Protection

1.0 BACKGROUND INFORMATION

Judicial Council of California and Superior Courts of California

The Judicial Council of California (Council), chaired by the Chief Justice of California, is the chief policy making agency of the California judicial branch. The California Constitution directs the Judicial Council to improve the administration of justice by surveying judicial business, recommending improvements to the courts, and making recommendations annually to the Governor and the Legislature. The Judicial Council also adopts rules for court administration, practice and procedure, and performs other functions prescribed by law.

The Superior Court system in California comprises 58 trial courts, one (1) in each county. Trial courts provide a forum for resolution of criminal and civil cases under state and local laws. As used within this Request for Proposals (RFP), the term "trial court" is used synonymously with Superior Court.

Service Details

The Judicial Council of California will evaluate, select and create up to three (3) Master Services Agreement(s) for judicial officers' online protection services provider(s) to enhance the online safety and privacy of judicial officers.

Online data vendors gather their information from several sources, including other data vendors. Their main sources are directory listings and public records from local, state, and federal government agencies. Data vendors may also get information from past business transactions.

Data vendors can be divided into two categories:

Data vendors who have a "People Search" function on their Websites; and

Data vendors who collect and sell marketing information but have no "people search" function.

Unfortunately, one-time searches and removals may only solve the problem temporarily as many data vendors download new information from their sources often. Data replicates quickly and will be needed to be searched and removed on an ongoing basis.

To prevent personal information from appearing on a Website or being shared with their parties, California Government Code Section 6254.21 enables elected officials (Including Judges and Commissioners), and their residing spouse and children, to demand the removal of their home addresses and telephone numbers from data vendor Websites.

The RFP

This Request for Proposals ("RFP") is being issued by the Judicial Council ("Establishing Judicial Branch Entity" or "Establishing JBE"), on behalf of itself and other Judicial Branch Entities, which include but may not be limited to the Superior Courts, Appellate Courts, and the Supreme Court. Any of the above Judicial Branch Entities shall have the right to place orders under the resulting Master Services Agreement(s) by entering into a Participating Addendum with the awarded Contractor(s). For the Establishing JBE, no additional Participating Addendum is necessary.

Any of the above Judicial Branch Entities that enters into a Participating Addendum with the awarded Contractor(s) pursuant to the resulting Master Services Agreement(s) is a "Participating Entity" (collectively, "Participating Entities"). The Establishing JBE and the Participating Entities are collectively referred to as Judicial Branch Entities ("JBEs") and individually as Judicial Branch Entity ("JBE").

The Judicial Council seeks to identify and retain up to three (3) qualified Contractor(s) with expertise in ongoing online privacy protection services. This RFP is the means for Proposers to submit their qualifications and request selection as Provider(s) for these services.

1.3.3 The Judicial Council anticipates awarding up to three (3) Master Services Agreement(s) for an initial three-year term with three (3) one-year option terms. The term of the resulting Master Services Agreement(s) is anticipated to commence on or about July 1, 2026.

1.3.4 The Judicial Council does not guarantee that the selected Contractor(s) will receive a specific volume of work, a specific total amount, or a specific order value under the awarded Master Services Agreement(s) for these services. Additionally, there will be no limit on the number of orders the Judicial Council may issue under the Master Services Agreement(s), nor will there be any specific limitation on the quantity, and maximum value of individual orders.

2.0 DESCRIPTION OF SERVICES

General. Contractor shall provide comprehensive, proactive, and ongoing online privacy protection services for (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) for Non-Judicial JBE Staff and their Residing Family Members. Such online privacy protection services shall include the services in this Description of Services and all other incidental services reasonably related thereto consistent with the intent of the awarded Master Services Agreements. "Residing Family Members" means any child, spouse, parent or other family member in the same primary home or secondary residence.

Find and Remove. Contractor shall:

Find and remove Personal Identifying Information from data brokers, people search websites, and any entities that collect, sell, or share consumer information without direct consent. Personal Identifying Information (PII) includes, but is not limited to:

Full name and variations that include initials, middle names, maiden names, prior names or aliases (e.g., J. Doe, John Doe, J.D. Doe, John David Doe, etc.);

Date of birth;

Age;

Address, name and parcel number of any primary home and other residence including secondary or seasonal residences (any part of the year);

Any prior residences including primary, secondary or seasonal residences (any part of the year);

Personal email addresses;

Any residential or personal mobile telephone numbers;

Any direct telephone number of a non-public government-issued mobile phone or government-issued private telephone number or extension (e.g., direct line to a judge's chambers);

Vehicle-related and vessel-related information including without limitation make and model, license plate details, and vehicle/vessel ownership records;

Names of relatives and household members;

Occupation, income, mortgage, and property ownership details;

Gender, ethnicity, religion, and political affiliation;

Names and addresses of any school or daycare facility attended by a Residing Family Member;

Any photographs or images that show any of the above;

Any PII of any Residing Family Member.

Perform initial and ongoing monitoring and removal of PII from data brokers, people search websites, and any entities that collect, sell, or share consumer information without direct consent:

Perform daily automated (preferably continuous 24/7) and daily manual (or at least weekly depending on Contractor's proposal) searches of all known name variations using a combination of automated technology with trained privacy specialists for increased accuracy and coverage;

Initiate removal of PII immediately from online upon discovery utilizing all available means including without limitation emails, letters, telephone calls, initiating the removal of outdated caches or indexed data from search engines, etc., with the objective of removing the PII within 48 hours of discovery;

Perform same day escalated manual and/or automated intervention for unresolved removals utilizing appropriate legal channels including the Attorney General and civil actions;

Perform daily automated (preferably continuous 24/7) and daily manual (or at least weekly depending on Contractor's proposal) monitoring searches for previously removed PII using a combination of automated technology with trained privacy specialists to provide proactive removal without necessitating repeated end user initiated requests;

Perform daily automated (preferably 24/7) and daily manual (or at least weekly depending on Contractor's proposal) monitoring for data breaches or exposure spikes involving the disclosure of PII of (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members to detect and remove PII proactively.

Alerts and Reporting. Contractor shall provide (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members:

Email and text message alerts for (1) new disclosures of PII from data brokers, people search websites, and any entities that collect, sell, or share consumer information without direct consent, (2) unusual spikes in PII disclosures, and (3) emerging PII privacy issues.

Email and text message linked weekly (or at least monthly depending on Contractor's proposal) reports of:

The status of current or pending removals, including clear articulation of the current phase of the data removal process with details of where and what specific information was exposed, and the response measures or actions taken or being taken to have the information removed;

Completed removal history and proof of deletion; and

A description of how Contractor searched for the PII online, confirmed exposed PII was not repopulated, and where the PII was located.

Customer Support and Training. Contractor shall provide (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members:

Access to a 24/7 secure online portal that provides:

A mechanism to self-report PII for removal;

The number of exposures and re-exposures and actions taken;

The number of removals;

The status of current or pending removals, including clear articulation of the current phase of the data removal process with details of where and what specific information was exposed, and the response measures or actions taken or being taken to have the information removed;

Completed removal history including proof of deletion and remediation actions taken.

Offer additional security enhancement tools, resources or educational training related to digital privacy and online safety.

Initial onboarding and training for (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members.

Live customer service support via telephone, chat, and email Monday through Friday, 8:00 a.m. - 5:00 p.m. PT, except .

A dedicated account manager as a quality assurance, quality control point of contact to the JBE who provides either (1) a monthly and year-to-date administrative report or (2) an administrative portal to the JBE's program manager or program manager's designee that includes:

The number of enrolled (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members, and their respective service levels;

Number and details of incomplete profiles per level of service;

The number of current exposures and removals per level of service;

Lists of active exposures and successful removals during the reporting period per level of service;

Lists of year-to-date removals per level of service.

Lists of searched data brokers, people search websites, and entities searched that collect, sell, or share consumer information without direct consent per level of service.

Uninterrupted customer support by seamless reassignment or transfer of responsibilities to new, qualified personnel within Contractor's organization in the event of role changes, turnover, or separation.

Tiered Service Levels (Optional). The Contractor shall provide tiered service offerings to address varying risk levels of (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members. This may include enhanced services, such as custom removals to remove PII from websites not included in standard, automated coverage, for (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members.

Data Security and Compliance. Contractor shall provide:

All online portals provided by the contractor must feature multi-factor authentication.

Contractor must:

Use segmented networks separating business data from operational data to prevent lateral movement of malware and limited impact of data breaches;

Use the principle of least privilege to limit unnecessary sharing of information of (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members;

Have and maintain SOC II Type 2 certification;

Encrypt Personally Identifiable Information in transit using Transport Layer Security (TLS) 1.2 or higher and at rest using 256-bit Advanced Encryption Standard (AES-256) encryption;

Be a U.S.-based entity, organized and existing under the laws of the United States. All data, including, but not limited to, production, backup, and archival data, shall be stored, processed, and accessed exclusively on servers physically located within the continental United States. No data shall be transferred, stored, or accessed outside of the United States without the JBE's prior written approval;

Delete or anonymize data from inactive users 6 months after the inactive user's service is no longer needed.

Comply with JBE's background check policies and procedures, including the requirement that anyone handling PII per this Description of Services must successfully pass a Fair Credit Reporting Act-compliant background screening and FBI fingerprint checks as part of a comprehensive investigation, including inquiries into personal history;

Ensure that its subcontractors, if any, comply with JBE's background check policies and procedures, including the requirement that anyone handling PII per this Description of Services successfully pass a Fair Credit Reporting Act-compliant background screening and FBI fingerprint checks as part of a comprehensive investigation, including inquiries into personal history, and that Contractor obtains the JBE's prior written approval that Contractor's subcontractor may access JBE data or perform services under this Description of Services;

Provide its written incident reporting policy upon contact award, which shall include at a minimum:

1 Contractor's obligation to report any actual or suspected data breaches or cyber incidents to JBE within 24 hours of discovery, including detailed, actionable information regarding the incident scope, affected data, incident impact to JBE, and mitigation steps;

2 A Root Cause Analysis (RCA) within 10 Business Days of containment, including corrective actions and preventive measures.

3.0 MINIMUM QUALIFICATIONS

To be considered for full evaluation and possible award, Proposers must meet the threshold minimum qualification requirements listed in the following table (minimum requirements can be met by combining experience, expertise, and resources of Proposer and any proposed Subcontractors).

4.0 TIMELINE FOR THIS RFP

The JBE has developed the following list of key events related to this RFP. All dates are subject to change at the discretion of the JBE.

5.0 RFP ATTACHMENTS

The following attachments are included as part of this RFP:

PAYMENT INFORMATION

Payments will be made in accordance with Attachment 2, Appendix B, Pricing and Payment.

The Judicial Council standard business payment terms are Net Sixty (60) days after receipt of correct invoice. The JBE will make every effort to ensure each correct, itemized invoice received from the successful Provider(s) is paid promptly but is unable to pay any late fees or interest payments on invoices past due.

7.0 SUBMISSIONS OF PROPOSALS

7.1 Proposals should provide straightforward, concise information that satisfies the requirements of the "Proposal Contents" section below. Emphasis should be placed in conformity to the RFP's instructions and requirements, and completeness and clarity of content.

7.2 The Proposer must submit their proposal electronically in two (2) separate parts. Part One (1) is the Technical Proposal, which covers the qualifications for the Proposers corresponding to Section 2 and 3 above, and Part Two (2) is the Cost Proposal.

a. The Proposer must submit an electronic copy of the Technical Proposal as a separate attachment. The proposal must be signed by an authorized representative of the Proposer. To fulfill this requirement, the proposer may include a signed cover letter for the Technical Proposal. The Technical proposal must be submitted via email to solicitations@jud.ca.gov. The Technical proposal must include all components required in Section 8, Proposal Contents. The Proposer must write the RFP title and number in the subject line of the email.

b. The Proposer must submit their Cost Proposal as an attachment separate from the Technical Proposal via email to RFP-IT-2026-13-DM-COSTS@jud.ca.gov. The cost portion of the proposal must be signed by an authorized representative of the Proposer. To fulfill this requirement, the proposer may include a signed cover letter for the Cost Proposal. The proposer must write the RFP title and number in the subject line of the email.

7.3 Submission acceptance will be based on the date and time the emails are received by the Judicial Council. Both emails must be received prior to the due date and time, or the proposal will not be accepted. Due to the potential for email transmission delays, which may cause late receipt and non-acceptance of proposals, it is recommended that Proposers email their proposals well in advance of the due date and time. It is the Proposer's responsibility to verify their submission was received. NOTE: Access to the Cost Proposals is only available on the day/time of the Public Cost Opening. This means the Judicial Council will not be able to confirm email receipt of your Cost Proposal until the Public Cost Opening. It is the Proposer's responsibility to verify their submission.

7.4 Late proposals will not be accepted. However, as necessary, the Council may request clarification from Proposers after the submission of proposals.

7.5 The Judicial Council reserves the right to reject any and all proposals, in whole or in part, as well as the right to issue similar RFPs in the future. This RFP is in no way an agreement or contract and does not create any obligation to form a contract. The Judicial Council and/or the State of California shall not be responsible for the cost of preparing a proposal. Submitted proposals may be retained for official files and may become a public record.

8.0 PROPOSAL CONTENTS

8.1 Technical Proposal. The following information must be included in the Technical Proposal. A proposal lacking any of the following information may be deemed non-responsive.

a. The Proposer's name, address, and telephone number, and federal tax identification number. Note that if the Proposer is a sole proprietor using his or her social security number, the social security number will be required before finalizing a contract.

b. Name, title, address, telephone number, and email address of the individual who will act as the Proposer's designated representative for purposes of this RFP.

c. For each key staff member: a resume describing the individual's background and experience, as well as the individual's ability and experience in conducting the proposed activities.

d. Names, addresses, and telephone numbers of a minimum of three (3) clients for whom the Proposer has conducted similar services. The JBE may check references listed by the Proposer. (Attachment 10)

e. Proposed method to complete the work. Answer all questions in Attachment 10-Bidder Response. You may attach additional documentation if you feel your answers to the questions do not fully explain the proposed method of completing the work.

f. Acceptance of the Terms and Conditions.

i. On Attachment 3, the Proposer must check the appropriate box and sign the form. If the Proposer marks the second box, it must provide the required additional materials. An "exception" includes any addition, deletion, or other modification.

ii. If exceptions are identified, the Proposer must also submit (a) a red-lined version of the Terms and Conditions (Attachment 2) that implements all proposed changes, and (b) a written explanation or rationale for each exception and/or proposed change.

iii. Note: A material exception, as determined by the Judicial Council in its absolute and sole discretion, to any of the Terms and Conditions may render a proposal non-responsive.

iv. Notwithstanding any other provision in the RFP, the Council reserves the right at its discretion to negotiate any or all items with individual Proposers, including the right to propose or require additional or different terms and conditions for the agreement prior to agreement execution.

g. Certifications, Attachments, and other requirements.

i. The Proposer must complete the General Certifications Form (Attachment 4) and submit the completed form with its proposal.

ii. If Proposer is a California corporation, limited liability company ("LLC"), limited partnership ("LP"), or limited liability partnership ("LLP"), proof that Proposer is in good standing in California. If Proposer is a foreign corporation, LLC, LP, or LLP, and Proposer conducts or will conduct (if awarded the contract) intrastate business in California, proof that Proposer is qualified to do business and in good standing in California. The Proposer shall provide a copy of their Certificate of Status with the Secretary of State of California. The Council may verify by checking with California's Office of the Secretary of State. If Proposer is a foreign corporation, LLC, LP, or LLP, and Proposer does not (and will not if awarded the contract) conduct intrastate business in California, proof that Proposer is in good standing in its home jurisdiction.

Note: Proposer may be required to register with the California Secretary of State if it meets the definition of transacting intrastate business or "doing Business" under the California Corporations Code. As there is no easy definition for what constitutes - even indirectly - "doing Business" in California, proposers with concerns regarding the Secretary of State registration requirements are encouraged to consult with their legal counsel.

You can find out information regarding the steps on how to register a business with the California Secretary of State at: https://bizfileonline.sos.ca.gov/

iii. Copies of the Proposer's (and any subcontractors') current business licenses, professional certifications, or other credentials. Please note, a business license may have several differing naming conventions based upon the issuing city or county (e.g., Business License, Business Tax Certificate, Business Operations Tax Certificate, etc.)

iv. The Proposer must complete the Unruh Civil Rights Act and California Fair Employment and Housing Act Certification (Attachment 6) and submit the completed certification with its proposal.

v. The Proposer must complete the Darfur Contracting Act Certification (Attachment 7) and submit the completed certification with its proposal.

vi. The Proposer must complete the Payee Data Record Form (STD204) and submit a signed copy with its proposal.

8.2 Cost Portion. The following information must be included in the cost portion of the proposal.

IT Services:

i. Complete Attachment 11 - Vendor Price Sheet. Provide a monthly and annual flat rate cost to cover all (1) Judges, Commissioners, participating Non-Judicial JBE Staff and their Residing Family Members and (2) Non-Judicial JBE staff and their Residing Family Members. You may also upload alternate proposals if needed.

NOTE: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code.

9.0 OFFER PERIOD

A Proposer's proposal is an irrevocable offer for ninety (90) days following the proposal due date. In the event a final contract has not been awarded within this period, the JBE reserves the right to negotiate extensions to this period.

10.0 EVALUATION OF PROPOSALS

The cost portion of proposals will be publicly opened at the date and time noted in Section 4.0 Timeline for this RFP above.

The Judicial Council will evaluate the proposals on a 100-point scale using the criteria set forth in the table below. As one or more Proposers may be selected, Awards, if made, will be to the highest three (3) scored proposals, which proposers also meet the minimum requirements in section 3.0, above. Although some categories are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award.

If contract(s) will be awarded, the Judicial Council will post an intent to award notice at:

11.0 INTERVIEWS

The JBE may conduct interviews with Proposers to clarify aspects set forth in their proposals or to assist in finalizing the ranking of top-ranked proposals. The interview process may require a demonstration. The interview may also require a demonstration of equivalence if a brand name is included in the specifications. The interviews may be conducted in person, by phone or remotely. If conducted in person, interviews will likely be held at the JBE's offices. The JBE will not reimburse Proposers for any costs incurred in traveling to or from the interview location. The JBE will notify eligible Proposers regarding interview arrangements.

12.0 CONFIDENTIAL OR PROPRIETARY INFORMATION

Proposals are subject to disclosure TO THIRD PARTIES AND MEMBERS OF THE PUBLIC pursuant to applicable LAWS, INCLUDING PUBLIC DISCLOSURE PURSUANT TO rule 10.500 of the California Rules of Court. Except as required by law, the JBE will not disclose (i) social security numbers, or (ii) balance sheets or income statements submitted by a Proposer that is not a publicly-traded corporation. All other information in proposals may be disclosed in response to applicable public records requests, or as otherwise required by law. Such disclosure may be made regardless of whether the proposal (or portions thereof) is marked "confidential," "proprietary," "copyright (C)," or otherwise, and regardless of any statement in the proposal (a) purporting to limit the JBE's right to disclose information in the proposal, or (b) requiring the JBE to inform or obtain the consent of the Proposer prior to the disclosure of the proposal (or portions thereof). Any proposal that is password protected, or contains portions that are password protected, may be rejected. Submission of any proposal pursuant to this RFP constitutes acknowledgment and consent by the Proposer to the potential public disclosure of its proposal content, as set forth in Section 12. Proposers are accordingly cautioned not to include confidential, proprietary, or privileged information in proposals.

13.0 DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE

Qualification for the DVBE incentive is not mandatory. Failure to qualify for the DVBE incentive will not render a proposal non-responsive.

Eligibility for and application of the DVBE incentive is governed by the Judicial Council's DVBE Rules and Procedures. Proposer will receive a DVBE incentive if, in the Judicial Council's sole determination, Proposer has met all applicable requirements. If Proposer receives the DVBE incentive, a number of points will be added to the score assigned to Proposer's proposal. The number of points that will be added is specified in Section 9.0 above.

To receive the DVBE incentive, at least 3% of the contract goods and/or services must be provided by a DVBE performing a commercially useful function. Or, for solicitations of non-IT goods and IT goods and services, Proposer may have an approved Business Utilization Plan ("BUP") on file with the California Department of General Services ("DGS").

If Proposer wishes to seek the DVBE incentive:

1. Proposer must complete and submit with its proposal the Bidder Declaration (Attachment 8). Proposer must submit with the Bidder Declaration all materials required in the Bidder Declaration.

2. Proposer must submit with its proposal a DVBE Declaration (Attachment 9) completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Proposer is itself a DVBE, it must complete and sign the DVBE Declaration. If Proposer will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Declaration. NOTE: The DVBE Declaration is not required if Proposer will qualify for the DVBE incentive using a BUP on file with DGS.

Failure to complete and submit these forms as required will result in Proposer not receiving the DVBE incentive. In addition, the Judicial Council may request additional written clarifying information. Failure to provide this information as requested will result in Proposer not receiving the DVBE incentive.

If this solicitation is for IT goods and services, the application of the DVBE incentive may be affected by application of the small business preference. For additional information, see the Judicial Council's Small Business Preference Procedures for the Procurement of Information Technology Goods and Services.

If Proposer receives the DVBE incentive: (i) Proposer will be required to complete a post-contract DVBE certification if DVBE subcontractors are used; (ii) Proposer must use any DVBE subcontractor(s) identified in its proposal unless the Judicial Council approves in writing the substitution of another DVBE; and (iii) failure to meet the DVBE commitment set forth in its proposal will constitute a breach of contract.

If using DVBE subcontractors, the Proposer must complete and return to the Judicial Council a copy of the post-contract certification form (https://www.courts.ca.gov/documents/JBCM-Post-Contract-Certification-Form.docx), promptly upon completion of the awarded contract, and by no later than the date of submission of Proposer's final invoice to the Judicial Council. If the Proposer fails to do so, the Judicial Council will withhold $10,000 from the final payment or withhold the full payment if it is less than $10,000, until the Proposer submits a complete and accurate post-contract certification form.

When a Proposer fails to comply with the post-contract certification requirement in this section and a payment withhold is applied to a contract, the Judicial Council shall allow the Proposer to cure the deficiency after written notice. Notwithstanding the foregoing or any other law, if after at least 15 calendar days, but no more than 30 calendar days, from the date of the written notice the Proposer refuses to comply with the certification requirements, the Judicial Council shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.

FRAUDULENT MISREPRESENTATION IN CONNECTION WITH THE DVBE INCENTIVE IS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT OR FINE, AND VIOLATORS ARE LIABLE FOR CIVIL PENALTIES. SEE MVC 999.9.

14.0 SMALL business preference

Small business participation is not mandatory. Failure to qualify for the small business preference will not render a proposal non-responsive.

Eligibility for and application of the small business preference is governed by the JBE's Small Business Preference Procedures for the Procurement of Information Technology Goods and Services. The Proposer will receive a small business preference if, in the JBE's sole determination, the Proposer has met all applicable requirements. If the Proposer receives the small business preference, the score assigned to its proposal will be increased by an amount equal to 5% of the points assigned to the highest scored proposal. If a DVBE incentive is also offered in connection with this solicitation, additional rules regarding the interaction between the small business preference and the DVBE incentive apply.

To receive the small business preference, the Proposer must be either (i) a Department of General Services ("DGS") certified small business or microbusiness performing a commercially useful function, or (ii) a DGS-certified small business nonprofit veteran service agency.

If the Proposer wishes to seek the small business preference, the Proposer must complete and submit with its proposal the Small Business Declaration (Attachment 5). The Proposer must submit with the Small Business Declaration all materials required in the Small Business Declaration.

Failure to complete and submit the Small Business Declaration as required will result in the Proposer not receiving the small business preference. In addition, the JBE may request additional written clarifying information. Failure to provide this information as requested will result in the Proposer not receiving the small business preference.

If the Proposer receives the small business preference, (i) the Proposer will be required to complete a post-contract report; and (ii) failure to meet the small business commitment set forth in its proposal will constitute a breach of contract.

FRAUDULENT MISREPRESENTATION IN CONNECTION WITH THE SMALL BUSINESS PREFERANCE IS UNLAWFUL AND IS PUNISHABLE BY CIVIL PENALTIES. SEE GOVERNMENT CODE SECTION 14842.5.

15.0 PROTESTs

Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contracting Manual (see www.courts.ca.gov/documents/jbcl-manual.pdf). Failure of a Proposer to comply with the protest procedures set forth in that chapter will render a protest inadequate and non-responsive and will result in rejection of the protest. The deadline for the JBE to receive a solicitation specifications protest is the proposal due date. Protests must be sent to: (and must indicate the solicitation number and name of your firm in the subject line of your email)

16.0 GENERATIVE ARTIFICIAL INTELLIGENCE

Definitions:

"Artificial intelligence" or "AI" means technology that enables computers and machines to reason, learn, and act in a way that would typically require human intelligence.

"Generative Artificial Intelligence" or "GenAI" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, audio, code, and data visualizations, that emulates the structure and characteristics of the system's training data.

16.1 In its proposal, Proposer must notify the JBE if Proposer's goods or services contain or utilize GenAI (or will contain or utilize GenAI), or if GenAI is or will be included in any services, goods, or deliverables that materially impact:

(a) functionality of a JBE system (i.e., the work using GenAI could have a significant, substantial effect on the system's data integrity, availability, confidentiality, or security, and failure to perform such work in accordance with the contract could cause major disruptions to JBE operations);

(b) risk to the JBE (i.e., the work using GenAI could have a significant, substantial effect on the JBE's operations, finances, security, or reputation, and failure to perform such work in accordance with the contract would constitute a high likelihood of damage to the JBE); or

(c) contract performance (i.e., when failure to conduct work which uses GenAI in accordance with the contract would constitute a material breach of contract).

16.2 Proposer's failure to disclose GenAI to the JBE may result in disqualification (at the JBE's sole discretion), and the JBE reserves the right to seek any and all relief it may be entitled to as a result of such non-disclosure.

16.3 The JBE reserves the right to incorporate GenAI-related provisions into the final contract and to reject bids/offers that present an unacceptable level of risk to the JBE, as determined by the JBE in its sole discretion.