Statewide LAN WAN Infrastructure, Solutions and Maintenance Services

1. BACKGROUND INFORMATION AND PURPOSE 3

2. DESCRIPTION OF GOODS AND/OR SERVICES 4

3. TIMELINE FOR THIS RFP 6

4. RFP ATTACHMENTS AND LINKS 7

5. PAYMENT INFORMATION 9

6. PRE-PROPOSAL CONFERENCE 9

7. RESPONDING TO THIS RFP 10

8. PROPOSAL CONTENTS 12

9. SELECTION PROCESS 17

10. EVALUATION OF PROPOSALS 18

11. CONFIDENTIAL OR PROPRIETARY INFORMATION 19

12. CONTRACT TERMS AND ADMINISTRATIVE RULES 19

13. SMALL BUSINESS PREFERENCE 20

14. DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE 21

15. LABOR CODE PROVISIONS 22

16. GENERATIVE ARTIFICIAL INTELLIGENCE 23

17. ADMINISTRATIVE RULES GOVERNING RFPs 24

18. PROTESTs 24

Attachments

ADMINISTRATIVE RULES GOVERNING REQUESTS FOR PROPOSALS

JUDICIAL COUNCIL STANDARD TERMS AND CONDITIONS (sample contract document)

LINKS

SUBMISSION OF QUESTIONS

(https://courts.ca.gov/system/files/file/jcc-submission-of-questions.docx)

BIDDER'S ACCEPTANCE OF TERMS AND CONDITIONS

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GENERAL CERTIFICATIONS FORM

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DARFUR CONTRACTING ACT CERTIFICATION

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UNRUH CIVIL RIGHTS ACT AND CALIFORNIA FEHA CERTIFICATION

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IRAN CONTRACTING ACT CERTIFICATION

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PAYEE DATA RECORD FORM (STD 204)

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SMALL BUSINESS DECLARATION

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BIDDER DECLARATION

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DVBE DECLARATION

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BACKGROUND INFORMATION AND PURPOSE

The judicial branch of California is a part of California government-independent from the executive and legislative branches-and includes the Superior, Appellate, and Supreme Courts of California. A part of the judicial branch is the Judicial Council, which is chaired by the Chief Justice of California. The Judicial Council is the primary policy making body of the California judicial system. The Judicial Council of California ("Judicial Council") is the staff agency of the Judicial Council. Facilities Services is the division of the Judicial Council responsible for the planning, design, construction, and real estate and asset management of judicial branch facilities for the court system of California.

The California Judicial Branch has approximately 2,300 courtrooms located in approximately 460 courthouses, throughout the state of California ("State").

This Request for Proposal (RFP) is being issued by the Judicial Council, on behalf of itself, the Supreme Court of California, the Courts of Appeal, the Habeas Corpus Resource Center and the fifty-eight (58) Superior Courts of California, (collectively, "Judicial Branch Entities," or "JBEs" and individually, a "JBE").

In order to gain economies of scale, to standardize terms and conditions for similar purchases throughout the judicial branch, and to standardize goods and/or services being purchased, the Judicial Council staff solicits leveraged procurement agreements for the benefit of the judicial branch.

This Request for Proposal ("RFP") is being issued by the Judicial Council ("Establishing Judicial Branch Entity" or "Establishing JBE"), on behalf of itself and the other Judicial Branch Entities listed below:

Supreme Court of California

Six (6) California Courts of Appeal

Fifty-eight (58) Superior Courts of California

Habeas Corpus Resource Center

The Judicial Council seeks to identify and retain qualified persons or entities (also referred to as "Proposers", "Bidders", or "Master Agreement Holders" in this RFP) to supply the Judicial Council and any of the above Judicial Branch Entities, each a "Participant," with expertise in qualified network infrastructure services and solutions providers, either statewide or within a region(s), for existing or new judicial branch facilities. This RFP is the means for Proposers to submit their qualifications and proposal response to the Judicial Council and request selection as a result of this RFP.

The Judicial Council seeks information technology (IT) LAN/WAN solutions and services from qualified network infrastructure providers to address the evolving network infrastructure needs of the Judicial Council, Superior Courts, Appellate Courts, the Supreme Court, and other California JBE's. Accordingly, this RFP seeks proposals from interested vendors (Proposers) that can provide IT LAN/WAN solutions and services that meet the IT needs of JBEs that elect to participate in any Leveraged Purchased Agreement ("Leveraged Purchase Agreement" or "Agreement") that result from this RFP. In this RFP, such a JBE may be referred to as a "Participating JBE," and the Judicial Council may be referred to as the "Establishing JBE."

The goal of this RFP is to establish Leveraged Purchased Agreement ("Leveraged Purchase Agreement" or "Agreement") with exceptional Proposers, statewide from qualified proposers to design, supply, implement, and support a comprehensive Local Area Network (LAN) and Wide Area Network (WAN) infrastructure solution. The solution must include enterprise-grade switching, routing, and wireless networking components.

The objective is to modernize our network infrastructure to ensure high availability, scalability, performance, and security network infrastructure across the needs of the Judicial Council, Superior Courts, Appellate Courts, the Supreme Court, and other California Judicial Branch Entities.

The Judicial Council anticipates awarding up to three (3) leveraged procurement agreements ("Master Agreement(s)"), for an initial three-year term with two (2) consecutive one-year options to extend at the discretion of the Judicial Council. The term of resulting Master Agreement(s) is anticipated to commence on or about January 1, 2027.

A bidder may submit a bid in one category, or all categories listed under Section 2. Description of Services and Deliverables, 2.1 Scope of Work. Judicial Council will not separate categories among multiple proposers. The Judicial Council reserves the right to award multiple contracts or awards in whole or in part or to make no award.

Any of the above Judicial Branch Entities shall have the right to place orders under the resulting Master Agreement(s) by entering into a Participating Addendum (Attachment B, Appendix E) with the Master Agreement Holder(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 Master Agreement Holder(s) pursuant to the resulting Master Agreement(s) is a "Participating Entity" (collectively, "Participating Entities"). The Establishing JBE and the Participating Entities are collectively referred to as "JBEs" and individually as "JBE".

The Participating Addendum will refer to the Master Agreement number and will list and describe all of the requested goods and/or services and the respective pricing. The terms and conditions of the Master Agreement shall take precedence over the terms and conditions of any Participating Addendum, Purchase Order, contract, or terms and conditions included on an invoice or like document unless changes are made by reference to specific provisions of the Master Agreement by the Establishing JBE.

Proposers will provide all goods and/or services in accordance with the orders to be issued by JBEs under the Master Agreement in compliance with the provisions of the Master Agreement along with any additional provisions specified in an order such as product specifications, schedule, key personnel, and subcontractor requirements.

A JBE will request network infrastructure service providers under a Leveraged Procurement Agreement to submit proposals as projects arise. The requesting JBE will evaluate the proposals submitted by the service providers and evaluate each proposer's cost.

The Judicial Council does not guarantee that Master Agreement Holder(s) will receive a specific volume of work, a specific total amount, or a specific order value under a Master Agreement executed pursuant to this RFP. Additionally, there will be no limit on the number of orders the Participants may issue under a Master Agreement, nor will there be any specific limitation on the quantity, minimum value, and maximum value of the individual orders.

The JBEs are free to conduct their own solicitations not connected with this RFP or any resulting agreement. The JBEs are not obligated to purchase services under any Master Agreement that may result from this RFP. Purchasing decisions will be based on what is in the best interest of the JBEs.

1.15 Posted with this RFP is the Judicial Council's form of Leveraged Procurement Agreement, including the indemnification provision that the Judicial Council will include in that Agreement. In accordance with the Judicial Council's Administrative Rules Governing this RFP (Attachment A), please indicate in the Proposal if it has any comments or objections to the form of Agreement.

PLEASE NOTE: The Judicial Council reserves the right in its sole discretion to reject any proposed changes or modifications to the form of Leveraged Procurement Agreement, and does not intend to consider any substantive changes to the form of Leveraged Procurement Agreement unless they are submitted with the Proposal pursuant to the instructions in this RFP; in the event that a Proposer is awarded a Leveraged Procurement Agreement under this RFP and refuses to execute that Agreement unless or without requested changes or modifications thereto, the Judicial Council may revoke said award to the Proposer of the services under this RFP. See link on page 1 of this RFP, Bidders Acceptance of Terms and Conditions, for further information and direction.

JBEs may elect, but are not required, to purchase goods and services under any Leveraged Procurement Agreement that may be awarded as a result of this RFP. JBEs will be under no obligation to purchase any minimum quantity of goods and services under said Leveraged Procurement Agreement.

Performance Management. The Judicial Council may choose to conduct periodic business performance reviews on completed projects to evaluate the Proposer's performance for quality assurance, safety, duration of the project, Judicial Council satisfaction, and other relevant factors. The Judicial Council, at its sole discretion, may not offer subsequent projects to and/or may terminate an agreement with any Proposers who do not meet minimum performance benchmarks specified in their business performance review.

Sole Means. This RFP is the sole means for prospective Proposers to submit their proposals to the Judicial Council for the services for Statewide Network Infrastructure Systems, Solutions, and Maintenance services, as described within this RFP.

Network Infrastructure services work that will be done as a result of this RFP shall be in accordance with the requirements expressed in this document and with the Judicial Council Leveraged Procurement Agreement applicable to the work, which includes compliance with all currently applicable local, State, and federal codes and regulations.

Contractor to send a copy of all orders and Participating Addenda to the Judicial Council mailbox LANWAN_MSA@jud.ca.gov so that Judicial Council may track utilization of the LPA.

DESCRIPTION OF GOODS AND/OR SERVICES

2.1 The JBE seeks goods and services of persons or entities with expertise in local area network and wide area networking solutions, including but not limited to development consulting, professional services, network design, installation, configuration, ongoing support, and maintenance services. Selected Proposers awarded an Agreement under this RFP are to provide a range of traditional networking services and equipment, and/or cloud-based networking solutions tailored to the needs of new and existing California court facilities and any other facility related projects as required. Proposers may submit a proposal in any or all the following three categories:

- Category One- Provide Local Area Network and Wide Area Network hardware and related equipment. This may include but is not limited to:

Enterprise-grade network switches (core, distribution, and access layer)

Routers and gateway devices

Network firewalls and management software

Network monitoring and management software

Structured cable components, including fiber and copper cables, patch panels, connectors, and related hardware

Racks, power supplies, and mounting equipment

Any necessary licenses, subscriptions, and firmware updates

All equipment must be new, manufactured-supported, and compatible with existing infrastructure

Coordinate with ordering JBE as needed to facilitate quote development. Prepare quote packages that clearly identify device, product ID, unit cost, quantity, extended total, discount if applicable, taxable/nontaxable, shipping cost, and ship to locations. Quotes must clearly identify the process of changing, cancelling, or returning the equipment that has been ordered

Provide lead times for all equipment that has been ordered

Provide detailed shipping information including carrier and tracking number.

Continuously monitor and notify ordering JBE of shipping updates, including delays or possibility of expedited order

JBE reserves the right to require logical diagrams illustrating proposed solutions as part of the quote package and or upon request by the customer

Ensure that all modifications, additions, or pricing adjustments are submitted through the formal change order process for review and approval before any work proceeds

2.1.2 - Category Two: Design, construct, and/or program Local Area Network and or Wide Area Network infrastructure. This may include, but are not limited to:

Design new and (or) refresh network infrastructure: (Services may include but not limited to):

Conduct design review calls to determine the scope of the projects.

Formulate a plan of action together with the stakeholders.

As the design evolves, continue to communicate with the stakeholders to keep them apprised of the progress and report updates.

Determine what equipment needs to be replaced and what can be re-used.

Make drawings and write specifications for all assigned work.

Provide project budget estimates.

Prepare a bid package that meets the requirements of the Judicial Council.

Evaluate the bids and advise which contractor(s) are most qualified to perform the work.

Evaluate change orders for both financial, technical and functional issues, in cases where unforeseen issues are discovered during installation or construction.

Perform a punch list at project completion.

If required, do a post-completion evaluation to confirm that systems are operating per design.

Consultants may NOT bid on any construction work they have recommended. (No Follow On).

JBE reserves the right to require logical diagrams illustrating proposed solution as part of the quote package.

Construct and implement new or upgraded network infrastructure. Services may include but are not limited to:

Procure, furnish, and install equipment included in design.

Review network design and architecture planning with stakeholders

Ensure proper installation and configuration of LAN/WAN hardware

Ensure network integration with existing systems including AV and AVB

Test and validate to ensure optimal performance and security

Evaluate change orders for both financial, technical, and functional issues, in cases where unforeseen issues are discovered during installation or construction.

Ensure proper documentation including network diagrams and configuration needs

Ensure ongoing maintenance support

Ensure ongoing licensing support

Ensure network solutions support high network availability, redundancy, secure data transmission, access control, scalable architecture to support future growth, and compliance with industry standards and best practices

JBE reserves the right to require logical diagrams illustrating proposed solution as part of the quote package.

Program new or upgrade network infrastructure. Services may include but are not limited to:

For LAN/WAN infrastructure projects, obtain any available network design templates from the JBE or the Judicial Council and develop the final network design based on those templates.

Start work as soon as the design is approved by the hiring entity.

Coordinates schedules with the courts to ensure delays are minimized.

If required, the vendor is to visit court facility for additional network support after equipment is installed.

Keep the firmware up to date on all programmable systems.

Ensure the network is completely tested and functions as designed.

JBE reserves the right to require logical diagrams illustrating proposed solution as part of the quote package.

2.1.3 - Category Three: Provide, integrate, and/or implement LAN/WAN solutions to facilitate or enhance network infrastructure environments.

Respondents may propose a range of LAN/WAN solutions that offer a variety of features, advanced functionality, support for different LAN/WAN solutions, and/ or integrate with existing network environment to promote high network functionality

Respondents must provide pricing for each proposed LAN/WAN solution product, based on a per-seat licensing cost.

Proposal must include all EULAs governing the LAN/WAN solutions.

Provide design and integration planning for LAN/WAN solutions.

Provide project management and technical resources to implement/integrate proposed LAN/WAN solution.

Respondent must describe its methodology for designing, implementing, and testing LAN/WAN solutions post-implementation.

Respondents must provide a breakdown of labor categories, hourly rate, and service areas for solution implementation. If work is to be performed remotely, this should be noted on the proposal.

Provide solution training and documentation.

Respondent must describe how training will be provided to local court staff at the time of installation and on an on-going basis, as requested by the court.

Provide solution maintenance and support.

Respondents must detail how it will provide technical support between the hours of 7:30 a.m. and 5:30 p.m. Pacific Time Zone, Monday through Friday (excluding federal and State holidays).

Respondent must describe its process for troubleshooting and resolving issues with the court network installation, including response times.

JBE reserves the right to require logical diagrams illustrating proposed solution as part of the quote package.

2.2 Qualifications Submittal

Proposers may submit Proposals that include any, or all, of the following categories. Proposer's submittal must clearly identify the categories for which they are responding.

Category One: Provide LAN/WAN hardware and related equipment.

Proposer must be an authorized dealer for all solutions to be supplied under this contract.

Proposer must provide:

* A statement specifying the number of years the Proposer's firm has been in business and average annual sales in US dollars.

* Description of Proposer's ordering and logistics systems.

* Provide contact information for at least 3 customers.

Category Two: Design, construct, and/or program LAN/WAN infrastructure

The Proposal must justify, in the judgment of the Judicial Council, that the Proposer has the capability to manage and install a project of the expected size and complexity.

The Proposal must have the staff resources and the necessary business and technical expertise to complete the installation and the subsequent warranty service in a timely manner. A Proposer may be disqualified if the information in their submittal does not meet these and the following requirements. The submittal will be judged based on the following criteria:

* A minimum of five (5) years' professional experience working as a network solutions firm designing and installing complex LAN/WAN infrastructure. This includes experience in the design, installation, integration, and support of LAN/WAN software, hardware, and infrastructure.

* Must have successfully completed a minimum of three projects of similar scope in the past two years. Indicate the location, type of infrastructure installed, total contract amount, date completed. Include end-user names, email addresses and telephone numbers so they can be contacted as a reference.

* Knowledge of network infrastructure

* Ability to read, evaluate and critique architectural, electrical, network drawings.

* A documentable track record of keeping abreast of new technologies as they relate to LAN/WAN network infrastructure.

* Any personnel assigned to design, implement and/or commission any system that requires factory training, i.e., the multi-format routing switcher, must hold the required certifications.

* Must be an authorized dealer for all major products to be supplied under this contract.

* The programmer must be certified by the manufacturer to write the code and configure the indicated LAN/WAN infrastructure.

* Include resumes and factory/industry certifications of all staff that may be assigned to this project. Provide an organizational chart listing the number of years (minimum of five) each person has been actively performing LAN/WAN network infrastructure work with the Proposer in their current position along with their areas of responsibility.

* Indicate if any subcontractors will be used for the performance of the work. Identify all subcontractors doing any work amounting to more than 1% of the total system price. It will be at the discretion of the Judicial Council whether or not the identified subcontractor(s) will be approved. The Proposer shall have sole responsibility for the satisfactory implementation of each system, regardless of any subcontract arrangement.

* Proposer must have excellent communication, organizational, and people skills.

* Proposer must have the ability to prepare clear and concise written documents.

Proposer must also meet the following qualifications:

* A minimum of a Cisco Certified Network Associate (CCNA) certification or an equivalent industry-recognized network certification.

* Extensive experience with LAN/WAN network infrastructure

* Familiarity with programming and configuration of LAN/WAN network infrastructure.

* Knowledge of Cisco network equipment, converged Ethernet networks, and other comparable networking platforms or technologies.

* A minimum of an associate college degree or equivalent experience in a relevant technical field.

* The statement must address staffing resource availability, technical expertise, and the proposer's experience working with courts.

* Must be an authorized dealer for all solutions to be supplied under this contract.

* Must have successfully completed a minimum of three projects of similar scope in the past two years. Indicate the location, type of system installed, total contract amount, date completed. Include end-user names, email addresses and telephone numbers so they can be contacted as a reference.

Category Three: Provide, integrate, implement, and support digital solutions to facilitate or enhance remote and hybrid courtroom proceedings:

* Proposer's response for LAN/WAN network solutions must include the number of years the entity has been in business, and a statement explaining their capabilities to provide, implement, and support the LAN/WAN network solutions being proposed.

* The statement must address staffing resource availability, technical expertise, and the proposer's experience working with courts.

* The Proposer must be an authorized dealer for all solutions to be supplied under this contract.

* The Proposer must have successfully completed a minimum of three projects of similar scope in the past two years. Indicate the location, type of system installed, total contract amount, date completed. Include end-user names, email addresses and telephone numbers so they can be contacted as a reference.

2.3 Licensing

All Proposers for LAN/WAN Network infrastructure, and their sub-contractor(s), employees, or agents thereof, performing work on projects awarded under this RFP must have, when submitting a Proposal as well as at the commencement of and all times throughout the duration of their performance of any work, all appropriate, valid license(s) required under law to provide the work being performed. If the possession of any license(s) including, without limitation, is required under law for the performance of the work, the Proposer must ensure that the work will be performed either by an appropriately licensed individual or under the direct supervision of an appropriately licensed individual.

2.4 Allowable expenses. Proposer may submit for reimbursement, without mark-up, only the following categories of expense:

2.4.1 Preauthorized Travel and Living Expenses for travel to a location exceeding a two hundred (200) mile radius from the Proposer's designated office.

2.4.2 Reimbursable expenses are subject to written preauthorization and approval by the Participating Entity.

2.5 Compensation for Travel and Living Expenses. Reimbursement for Travel and Living Expenses is subject to the provisions given below:

2.5.1 (i)All travel is subject to written preauthorization and approval by the Participating Entity, and (ii) all travel expenses are limited to the lower of the actual cost or the maximum amounts set forth in the Judicial Council's Travel and Living Expenses Guidelines (Appendix G of Attachment B Leveraged Procurement Agreement) or the hiring entity's policy including their Participating Addendum (see Appendix E of Attachment B Leveraged Procurement Agreement, for sample Participating Addendum).

2.5.2 Reimbursement for preauthorized and approved Travel and Living Expenses cannot be used as the basis for any other fee calculations (such as overtime premiums or administrative costs) that may be owed to Proposer.

2.5.3 Preauthorization requests and invoices of approved Travel and Living Expenses must be costed out in accordance with the Judicial Council's Travel and Living Expenses Guidelines.

2.6 Compensation for Overtime and Minimum Shift Duration. Except as set forth in this section, no overtime or minimum shift duration shall be reimbursed by the Participating Entity. All overtime, double time, and shift differential time shall be pre-approved in writing by the Participating Entity's project manager or designee.

Unapproved overtime shall not be compensated.

2.6.1 The JBE may withhold full or partial payment to the Proposer in any instance in which the Proposer has failed or refused to satisfy any material obligation provided for under any resulting Agreement.

3. USE OF LEVERAGED PROCUREMENT AGREEMENT

3.1 Proposer will establish an individual account for any JBE that elects to request services directly from the Proposer under any Leveraged Procurement Agreement that results from this RFP.

3.2 Each Participating entity must execute a participating addendum (Appendix E of Attachment B, Leveraged Procurement Agreement) with the contractor prior to placing any orders.

3.2 Each JBE shall have the right to request goods or services under any Leveraged Procurement Agreement that results from this RFP. Pricing for goods and services shall be in accordance with the prices and fees set forth in any executed Leveraged Procurement Agreement, and pricing for the applicable work (as set forth in the Scope of Work) may not exceed the prices and fees set forth in the Leveraged Procurement Agreement.

3.3 Any Leveraged Procurement Agreement that results from this RFP shall take precedence over any terms and conditions included on a participating addendum, Scope of Work, purchase order document, service work order document, Proposer's invoice, or similar document.

REQUESTS FOR GOODS OR SERVICES

Requests for goods and services under any Leveraged Procurement Agreement will be made by the Participating Entity(s) through the issuance of a Scope of Work ("Scope of Work"), which may include all or a subset of the goods and services set forth in the Leveraged Procurement Agreement. The Scope of Work shall not include any goods and services that were not set forth and previously priced in the Leveraged Procurement Agreement. The Scope of Work will reference the specific Leveraged Procurement Agreement number and will list and describe all of the requested goods and services from the list of available goods and services offered under the Leveraged Procurement Agreement. The terms and conditions of the Leveraged Procurement Agreement shall take precedence over the terms and conditions of any Scope of Work, contract, or terms and conditions included on an invoice or like document.

Proposer will provide the Participating Entity(ies) with the total cost and lead time required for the product(s) and services requested via the issuance of Scope of Work by the Participating Entity(ies), including maintenance and repairs on existing systems. The total cost will itemize the cost of the services, products, installation (as applicable), and sales tax (as applicable). Proposer will coordinate the installation and/or delivery dates with the Participating Entity prior to finalizing the Scope of Work.

Proposer is required to maintain a staffed number for ordering, inquiries, and customer service, including requests for maintenance service.

5. AUTHORIZING GOODS AND SERVICES

5.1 The Establishing JBE under a Leveraged Procurement Agreement may at its option place orders to authorize the Participating Entity work using a purchase order or subject to the following: such purchase order is subject to and governed by the terms of the Leveraged Procurement Agreement and any term in the purchase order that conflicts with or alters any term of the Leveraged Procurement Agreement or exceeds the scope of the work provided for in the Agreement, will not be deemed part of the contract between Proposer and that Participating Entity.

5.2 The Establishing JBE under a Leveraged Procurement Agreement will place orders to authorize Judicial Council work via a purchase order, described in the Judicial Council Background, Purpose, and Ordering section of Appendix A to Attachment B. Appendix A to Attachment B is intended for authorization, spending of funds, and utilization by the Judicial Council only and does not modify any ordering process.

5.3 After executing a Participating Addendum, Participating Entities will place orders and authorize work directly from the Proposer through a Scope of Work and PO.

The JBE issuing a Purchase Order will include the name of the JBE's contact person ("JBE Project Manager") in the Purchase Order and the Master Agreement Holder shall contact the JBE Project Manager regarding questions or payment status associated with the Purchase Order. If the Judicial Council is placing a Purchase Order on behalf of a JBE, then Judicial Council Project Manager is the project manager, and the Master Agreement Holder shall contact the Judicial Council Project Manager regarding questions or payment status associated with the Purchase Order.

Proposer will provide the Judicial Council with an immediate acknowledgement of the order. The acknowledgement will be submitted by email, regardless of what method is used to issue the Scope of Work or purchase order, and will include: the products and services requested, installation dates, and contact information. If a Participating Entity is placing orders or authorizing work directly from the Proposer, the Proposer will provide the same information to that JBE.

JBEs will be responsible for the receipt and acceptance of all goods and/or services ordered from Master Agreement Holders and will also be responsible for payment in accordance with the provisions set forth in the Master Agreement.

6. REJECTION OF GOODS OR ACCEPTANCE OF SERVICE.

6.1 If a JBE requests onsite maintenance service, a designated JBE representative ("JBE Representative") will review any completed maintenance or repairs and approve by signing Proposer's service report. The JBE Representative must then be given a copy of this approved Proposer's service report.

6.2 Proposer shall arrange for the return of all mis-ordered, mis-shipped, returned, or damaged items at no cost to the JBE. There will be no restocking fee for returns of items that are damaged or shipped by the Proposer in error. Proposer shall not charge the JBE for the return of any mis-ordered, mis-shipped, or damaged items.

7. PROJECT PERFORMANCE: FACILITIES WORK

7.1 Court Defined. The term "Court" as used in this section shall refer to any Participating Entity but does not include the Judicial Council.

7.2 Compliance. The Court shall at all times be responsible for the performance of the Project in compliance with all Applicable Law.

7.3 Facilities Modifications Policy. Any aspect of the Project that consists of or may include Facilities Work shall comply with the Judicial Council's Trial Court Facility Modifications Policy (if so required), revised March 15, 2019, as may be revised from time to time and is incorporated herein by this reference, which is available at the following link:

TIMELINE FOR THIS RFP

Schedule of Events. The Judicial Council has developed the following list of key events and dates related to this RFP ("Schedule of Events"). All dates are subject to change at the discretion of Judicial Council.

RFP ATTACHMENTS AND LINKS

The following attachments and links are included as part of this RFP:

PAYMENT INFORMATION

Payment terms will be specified in the Master Agreement that will be executed as a result of an award made under this RFP; however, Proposers are hereby advised that payments are made by the State of California, and the State does not make any advance payment for services.

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

JBEs will endeavor to pay invoices within sixty (60) days after receipt of a correct, itemized invoice. In no event shall JBEs be liable for interest or late charges for any late payments.

WRITTEN QUESTIONS

Proposers may submit written questions and requests for information with respect to this RFP. All questions and requests must be submitted using the Bidder's Submission of Questions form (https://courts.ca.gov/system/files/file/jcc-submission-questions.docx) and must be submitted by the deadline indicated in this RFP's Schedule of Events. The Bidder's Submission of Questions form must be submitted by email to with the RFP number and title in the subject line. The Judicial Council will post any answers to Proposers' properly submitted questions and requests for information as indicated in the Schedule of Events. The Judicial Council may make updates or other changes to this RFP in response to submitted questions if Judicial Council deems such necessary in its discretion and will post updated documents or other addendum to this RFP on the Judicial Council website publishing this RFP prior to the due date for Proposals.

RESPONDING TO THIS RFP

Responsiveness. Responsive Proposals will provide straightforward, concise information that fully satisfies this RFP's specified requirements. Proposers should only submit documentation required and requested by this RFP. In responding to this RFP, Proposers should place emphasis on brevity, conformity to instructions, specified requirements, and clarity of content. Any materials submitted with Proposals that are outside of this RFP's specifications will not be considered.

Proposal Format. The Judicial Council will only accept Proposals in an electronic format. Proposers must submit their Proposals with all required contents in two parts: the Proposer's non-cost portion of the proposal ("Non-Cost Proposal") and the Proposer's Cost Proposal ("Cost Proposal").

Proposal Submission Requirements.

Electronic Submission. The Judicial Council will only accept electronically submitted Proposals. Non-Cost Proposal and Cost Proposal files must be emailed to the separate email addresses indicated in the Schedule of Events. Proposers must not combine the Non-Cost Proposal and Cost Proposal at any time during the solicitation and evaluation process.

Non-Cost Proposal Submission.

Proposers must submit one (1) electronic file of the Non-Cost Proposal using PDF or Word format. The Non-Cost Proposal must be submitted to Judicial Council separate from the Cost Proposal.

Proposers must include the RFP number and the name of the Proposer's firm in the subject line of the email for the Non-Cost Proposal. Proposers must include the RFP number and 'Non-Cost Proposal' in the name of the electronic file of the Non-Cost Proposal.

Cost Proposal Submission.

Proposers must submit one (1) electronic file of the Cost Proposal. The Cost Proposal must be submitted to Judicial Council separate from the Non-Cost Proposal; the Cost Proposal must not be combined or incorporated in any way with the Non-Cost Proposal.

Proposers must include the RFP number and the name of the Proposer's firm in the subject line of the email for the Cost Proposal. Proposers must include the RFP number and 'Cost' in the name of the electronic file of the Cost Proposal.

File Size Limitations. The Judicial Council may not be able to receive electronic submissions with files equal to or greater than 30MB in size (individually or in total). Proposers must make an effort to compress all files so that submissions are less than 30MB in size. If a file cannot be reduced to below 30MB, then Proposers must divide the file into increments of less than 30MB sent via multiple emails. If multiple emails with incremental documents are required, Proposers must also reference the portion of the Proposal and file being submitted in the subject line of each email (e.g., "Non-Cost Proposal: Part 1 of 3," etc.). The Judicial Council is not responsible for any submissions exceeding 30MB which are systematically rejected due to excessive file size or otherwise.

Submission Timelines.

Proposals must be delivered by the date and time listed in the Schedule of Events. Late proposals will not be accepted.

Submission acceptance will be based on the date and time the emails are received by Judicial Council. 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. Proposers should confirm that their Proposal was successfully emailed and received by checking their junk folders for "Undeliverable" emails.

Proposer(s) assumes all risk for ensuring Judicial Council's receipt of Proposals no later than the date and time specified in the Schedule of Events.

PROPOSAL CONTENTS

Non-Cost Proposal. The following information must be included in the Non-Cost Proposal. Any Non-Cost Proposal lacking any of the following information may be deemed non-responsive. The Non-Cost Proposal is to be inclusive of resumes, forms, and pictures, and organized according to the numbering system reflected below.

Cover Letter. A cover letter, signed by an authorized representative of Proposer's organization, that provides the exact business name under which the Proposer proposes to conduct business with Judicial Council. The cover letter must also indicate the following:

Proposer's address, telephone, email address, and federal tax identification number.

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.

IT Goods.

Manufacturers of hardware equipment vendors are authorized to sell.

Model number(s), specifications, or other description of the goods the Proposer proposes to supply to Judicial Council, including warranty information.

Names, addresses, and telephone numbers of a minimum of three (3) clients for whom the Proposer has provided similar goods. The Judicial Council may check references listed by the Proposer.

IT Services.

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.

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

Proposed method to complete the work.

Project Planning methods and resources assigned to the project

All EULA's governing the network solutions.

A description of its methodology for designing, implementing, and testing network solutions post-implementation.

A description of how training will be provided to local court staff at the time of installation and on an ongoing basis as requested by the court.

Respondent must detail how it will provide technical support between the hours of 7:30am and 5:30pm Pacific Time Zone, Monday through Friday (excluding federal and state holidays).

Conflicts of Interest. If applicable, provide a statement of any recent, current, or anticipated contractual obligations that relate in any way to similar work, the goods or services, or Judicial Council that may have potential to conflict with the Proposer's ability to provide the goods or services described herein to Judicial Council. Proposers cannot have any pre-existing or obtain any new economic interests (e.g., submit, propose, bid, contract, sub-contract, consult, etc. on any work that would or have potential to be a conflict) for goods or services in which the Proposer may be requested to provide under a Master Agreement awarded pursuant to this RFP.

Acceptance of the Terms and Conditions.

On the Bidder's Acceptance of Terms and Conditions , 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.

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

Note: A material exception (addition, deletion, or other modification) to a Minimum Term will render a proposal non-responsive. The Judicial Council, in its sole discretion, will determine what constitutes a material exception.

Certifications, Attachments, and Other Required Materials. Complete, sign, and submit each of the following Certifications and attachments with the Proposer's Non-Cost Proposal:

General Certifications Form ()

Darfur Contracting Act Certification ()

Unruh Civil Rights Act and California Fair Employment and Housing Act Certification ()

Iran Contracting Act Certification ()

Payee Data Record (STD 204), which must be completed in the exact name of the business entity under which the Proposer proposes to do business with Judicial Council. The Payee Data Record (STD 204) is available at the following link: .

Additionally, if necessary, the Payee Data Record Supplement (STD 205) is required (i) if Proposer's remittance address information is different than the mailing address on the Payee Data Record (STD 204); (ii) for multiple remittance addresses, and (iii) for additional Authorized Representatives of the Payee not identified on the Payee Data Record (STD 204). The Payee Data Record Supplement (STD 205) is available at the following link: .

Small Business Declaration. If Bidder wishes to seek the small business preference, Bidder must complete and submit with its bid the Small Business Declaration (). Bidder must submit with the Small Business Declaration all materials required in the Small Business Declaration.

DVBE Certification. If Bidder wishes to seek the DVBE incentive, Bidder must complete and submit with its bid the Bidder Declaration (). Bidder must submit with the Bidder Declaration all materials required in the Bidder Declaration. Bidder must submit with its bid a DVBE Declaration () completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Bidder is itself a DVBE, it must complete and sign the DVBE Declaration. If Bidder will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Declaration. NOTE: The DVBE Declaration is not required if Bidder will qualify for the DVBE incentive using a BUP on file with DGS.

If the Proposer is a California corporation, limited liability company ("LLC"), limited partnership ("LP"), or limited liability partnership ("LLP"), proof that the Proposer is in good standing in California. If the Proposer is a foreign corporation, LLC, LP, or LLP, and the Proposer conducts or will conduct (if awarded a contract) intrastate business in California, proof that the Proposer is qualified to do business and in good standing in California. If the Proposer is a foreign corporation, LLC, LP, or LLP, and the Proposer does not (and will not if awarded a contract) conduct intrastate business in California, proof that the Proposer is in good standing in its home jurisdiction.

Copies of Proposer's (and any subcontractors') current business licenses.

The Proposer must submit with its proposal, for itself and each of its affiliates that make sales for delivery into California, a copy of either (i) a California seller's permit issued under Revenue and Taxation Code section 6066 et seq. or (ii) a certificate of registration issued under Revenue and Taxation Code section 6226.

Cost Proposal.

The following information must be included in the Cost Proposal.

IT Goods:

The cost per unit for the goods described in the non-cost information.

Discount, if any, off Manufacturers Suggested Retail Price (MSRP), as a percentage.

Maximum markup/overhead added to MSRP, as a percentage.

If shipping is included in the price. If shipping is not included, provide a statement of how shipping costs are estimated.

IT Services:

A detailed line-item budget showing total cost of the proposed services.

A full explanation of all budget line items in a narrative entitled "Budget Justification."

A breakdown of labor categories, hourly rate, and service areas for solution implementation. If work is to be performed remotely, this should be noted on the proposal.

Cost Proposal must be signed by an authorized representative of the Proposer's organization.

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.

SELECTION PROCESS

Non-Cost Proposals. The evaluation team will complete its evaluation of non-cost criteria for all Proposals using the methods specified in this RFP.

Interviews. The Judicial Council may, at its discretion, 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 Proposers will be notified of their interview date and time and any requirements therefor. Notifications will be sent to the email address provided as the Proposer's contact information. Interviews will be held remotely via video conference.

After the interviews, if any, the adjusted results of the completed Non-Cost Proposal evaluation will be published on the website publishing this RFP, excluding the small business preference and DVBE incentive.

Cost Proposals. The Cost Proposal will be publicly opened at the date and time and using the method noted in the Schedule of Events. The evaluation team will evaluate the opened Cost Proposals.

Award. The highest-scoring Proposer(s) after applying any small business preference, DVBE incentive, or discounts will be contacted regarding contract award and execution. If a contract is awarded under this RFP, Judicial Council will post a Notice of Intent to Award on the website publishing this RFP that lists the names of the selected Proposer(s).

Verification. As necessary, the Council may request clarification from Proposers after the submission of proposals. Additionally, at any time, Judicial Council may contact previous clients and owners to verify the experience and performance of the prospective Proposer, their key personnel, and their sub-Proposers.

EVALUATION OF PROPOSALS

Required Contents. At the time Proposals are opened, each Proposal will be reviewed for minimum requirements of this RFP and the presence or absence of all required contents.

Proposal Evaluation. The Judicial Council will evaluate responsive Proposals on a 100-point scale according to the following criteria ("Proposal Evaluation"):

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, Judicial Council 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 Judicial Council's right to disclose information in the proposal, or (b) requiring Judicial Council 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 this RFP. Proposers are accordingly cautioned not to include confidential, proprietary, or privileged information in proposals.

CONTRACT TERMS AND ADMINISTRATIVE RULES

Irrevocable Offer. All submitted Proposals shall constitute and be an irrevocable offer by the Proposer that is valid for ninety (90) days following the Proposal due date. In the event a final contract has not been awarded within this ninety (90) day period, Judicial Council reserves the right to negotiate extensions to this period with Proposers. The Judicial Council may release all offers not selected under this RFP upon issuance of a Notice of Intent to Award.

Award and Execution of Agreement. The Judicial Council may elect to make an award to one Proposer if it is in the Judicial Council's best interest to do so. The Judicial Council reserves the right to make only one award, multiple awards, or to reject any or all proposals submitted in response to this RFP in whole or in part. The Judicial Council further reserves the right to make no award and to modify or cancel, in whole or in part, this RFP. If a satisfactory agreement has not been signed within thirty (30) calendar days of Judicial Council's request for the Proposer to execute a contract, Judicial Council reserves the right to terminate the award.

Future Requests. The Proposer(s) selected under this RFP will not be precluded from consideration nor given special status in any future solicitations issued by the JBEs.

No Guarantee. The Judicial Council does not guarantee any amount or duration of work under a Master Agreement, nor does Judicial Council guarantee that any subsequent projects will be assigned to the Proposer regardless of being awarded a Master Agreement.

Provision of the Work. Proposers will provide all Services in accordance with the Work Orders to be issued by Judicial Council under the Master Agreement. Proposers will provide all Services in compliance with the provisions of the Master Agreement along with any additional provisions specified in a Work Order such as schedule, key personnel, and sub-Proposer requirements.

SMALL BUSINESS PREFERENCE

Eligibility for and application of the small business preference are governed by Judicial Council's Small Business Preference Procedures for the Procurement of Information Technology Goods and Services. The Proposer will receive a small business preference if, in Judicial Council'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.

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

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 (). 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, Judicial Council 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 PREFERENCE IS UNLAWFUL AND IS PUNISHABLE BY CIVIL PENALTIES. SEE GOVERNMENT CODE SECTION 14842.5.

DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE

The Judicial Council has a Disabled Veterans Business Enterprise (DVBE) program with a total participation goal of three percent (3%). Qualification for the DVBE incentive is not mandatory. Failure to qualify for the DVBE incentive will not render a Proposer's Proposal non-responsive.

Eligibility for and application of the DVBE incentive is governed by Judicial Council's DVBE Rules and Procedures. Proposer will receive a DVBE incentive if, in 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 10.0 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 a Proposer wishes to seek the DVBE incentive:

Bidder must complete and submit with its Non-Cost Bid the Bidder Declaration (). Bidder must submit with the Bidder Declaration all materials required in the Bidder Declaration.

Bidder must submit with its bid a DVBE Declaration () completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Bidder is itself a DVBE, it must complete and sign the DVBE Declaration. If Bidder will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Declaration. NOTE: The DVBE Declaration is not required if Bidder 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, 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 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 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 Judicial Council a copy of the post-contract certification form (), promptly upon completion of the awarded contract, and by no later than the date of submission of Proposer's final invoice to the JBE. If the Proposer fails to do so, JBE 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, JBE 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, JBE 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.

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.

In its proposal, Proposer must notify Judicial Council 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:

functionality of a Judicial Council 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 Judicial Council operations);

risk to Judicial Council (i.e., the work using GenAI could have a significant, substantial effect on Judicial Council'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 Judicial Council); or

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

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

The Judicial Council 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 Judicial Council, as determined by Judicial Council in its sole discretion.

ADMINISTRATIVE RULES GOVERNING RFPs

The Judicial Council's Administrative Rules Governing Requests for Proposals can be found in Attachment A. By virtue of submission of a Proposal, the Proposer agrees to be bound by said Administrative Rules for this RFP.

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 requests for proposals in the future. This RFP is in no way a contract, obligation, or contract and in no way is Judicial Council or the State of California responsible for the cost of preparation or any expenses incurred in responding to this RFP. A Proposer's submitted Proposal will be retained for official files and be subject to public disclosure under rule 10.500 of the California Rules of Court.

PROTESTS

Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contracting Manual (see ). 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 Judicial Council to receive a solicitation specifications protest is the proposal due date. Protests must be sent to: .

LABOR CODE PROVISIONS

Prevailing Wages

Master Agreement Holders and their subcontractors shall pay all workers on services performed pursuant to a contract awarded under this RFP not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the California Department of Industrial Relations ("DIR") for the type of work performed and the locality in which the work is to be performed, pursuant to section 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute a contract, as determined by the Director of DIR, are on file at Judicial Council's principal office and available on the internet at https://www.dir.ca.gov/.

Each Project may be subject to compliance monitoring and enforcement by DIR. Master Agreement Holders shall post job site notices, as prescribed by regulation. Master Agreement Holders shall comply with all applicable requirements of Labor Code section 1771.4.

Registration

Master Agreement Holders shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records ("CPR(s)") to the Labor Commissioner of California and complying with any applicable enforcement by DIR. Labor Code section 1771.1(a) states the following:

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Master Agreement Holders required to so comply with said registration and compliance monitoring provisions must provide proof of registration (i.e., the Master Agreement Holder's DIR Registration Number) with its Proposal.

CALIFORNIA AIR RESOURCES BOARD

Proposers must complete, sign, and submit the California Air Resources Board ("CARB") In-Use Off-Road Diesel-Fueled Fleets Certification (Attachment D) with the Proposer's Non-Cost (Technical) Proposal.

As applicable, Proposers must provide a copy of Proposer's current CARB Certificate of Reported Compliance for fleets subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements (Title 13 CCR sections 2449, 2449.1 and 2449.2).

Failure to complete Attachment D or, where applicable, provide the CARB Certificate of Reported Compliance may result in the Non-Cost (Technical) Proposal being deemed non-responsive.