RFP Title: Internet-Based Employment Recruitment Software Application & Maintenance Services
RFP Number: TCAS-2026-01-JU
ATTACHMENT 1
ADMINISTRATIVE RULES GOVERNING RFPS
(IT GOODS AND SERVICES)
1. COMMUNICATIONS WITH THE JUDICIAL BRANCH ENTITY (“JBE”)
REGARDING THE RFP
Except as specifically addressed elsewhere in the RFP, Proposers must send any
communications regarding the RFP to TCSolicitation@jud.ca.gov (the “Solicitations
Mailbox”). Proposers must include the RFP Number in subject line of any
communication.
2. QUESTIONS REGARDING THE RFP
Proposers interested in responding to the RFP may submit questions via email to the
Solicitations Mailbox on procedural matters related to the RFP or requests for
clarification or modification of the RFP no later than the deadline for questions listed in
the timeline of the RFP. Once submitted, questions become part of the procurement file
and are subject to disclosure. Proposers are accordingly cautioned not to include any
proprietary or confidential information in questions. If the Proposer is requesting a
change, the request must set forth the recommended change and the Proposer’s reasons
for proposing the change. Questions or requests submitted after the deadline for questions
will not be answered. Without disclosing the source of the question or request, a copy of
the questions and the Judicial Council’s responses will be made available prior to the
proposal due date and time.
3. ERRORS IN THE RFP
A. If, before the proposal due date and time listed in the timeline of the RFP, a
Proposer discovers any ambiguity, conflict, discrepancy, omission, or error in the
RFP, the Proposer must immediately notify the Judicial Council via email to the
Solicitations Mailbox and request modification or clarification of the RFP.
Without disclosing the source of the request, the Judicial Council may modify the
RFP before the proposal due date and time by releasing an addendum to the
solicitation.
B. If a Proposer fails to notify the Judicial Council of an error in the RFP known to
the Proposer, or an error that reasonably should have been known to the Proposer,
before the proposal due date and time listed in the timeline of the RFP, the
Proposer shall propose at its own risk. Furthermore, if the Proposer is awarded the
agreement, the Proposer shall not be entitled to additional compensation or time
by reason of the error or its later correction.
4. ADDENDA
A. The Judicial Council may modify the RFP before the proposal due date and time
listed in the timeline of the RFP by issuing an addendum which will be posted at
1
RFP Title: Internet-Based Employment Recruitment Software Application & Maintenance Services
RFP Number: TCAS-2026-01-JU
https://courts.ca.gov/policy-administration/bidders-solicitations. It is each
Proposer’s responsibility to inform itself of any addendum.
B. If any Proposer determines that an addendum unnecessarily restricts its ability to
propose, the Proposer shall immediately notify the Judicial Council via email to
the Solicitations Mailbox no later than one day following issuance of the
addendum.
5. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS
A Proposer may withdraw its proposal at any time before the deadline for submitting
proposals by notifying the Judicial Council in writing of its withdrawal. The notice must
be signed by the Proposer. The Proposer may thereafter submit a new or modified
proposal, provided that it is received at the JBE no later than the proposal due date and
time listed in the timeline of the RFP. Modifications offered in any other manner, oral or
written, will not be considered. Proposals cannot be changed or withdrawn after the
proposal due date and time listed in the timeline of the RFP.
6. ERRORS IN THE PROPOSAL
If errors are found in a proposal, the Judicial Council may reject the proposal; however,
the Judicial Council may, at its sole option, correct arithmetic or transposition errors or
both. If these corrections result in significant changes in the amount of money to be paid
to the Proposer (if selected for the award of the agreement), the Proposer will be
informed of the errors and how they were corrected, and given the option to abide by the
corrected amount or withdraw the proposal.
7. RIGHT TO REJECT PROPOSALS
A. Before the proposal due date and time listed in the timeline of the RFP, the
Judicial Council may cancel the RFP for any or no reason. After the proposal due
date and time listed in the timeline of the RFP, the Judicial Council may reject all
proposals and cancel the RFP if the Judicial Council determines that: (i) the
proposals received do not reflect effective competition; (ii) the cost is not
reasonable; (iii) the cost exceeds the amount expected; or (iv) awarding the
contract is not in the best interest of the Judicial Council.
B. The Judicial Council may or may not waive an immaterial deviation or defect in a
proposal. The Judicial Council’s waiver of an immaterial deviation or defect shall
in no way modify the RFP or excuse a Proposer from full compliance with RFP
specifications. Until a contract resulting from this RFP is signed, the Judicial
Council reserves the right to accept or reject any or all of the items in the
proposal, to award the contract in whole or in part and/or negotiate any or all
items with individual Proposers if it is deemed in the Judicial Council’s best
interest. A notice of intent to award does not constitute a contract, and confers no
right of contract on any Proposer.
C. The Judicial Council reserves the right to issue similar RFPs in the future. The
RFP is in no way an agreement, obligation, or contract and in no way is the
2
RFP Title: Internet-Based Employment Recruitment Software Application & Maintenance Services
RFP Number: TCAS-2026-01-JU
Judicial Council or the State of California responsible for the cost of preparing the
proposal.
D. Proposers are specifically directed NOT to contact any Judicial Council personnel
or consultants for meetings, conferences, or discussions that are related to the RFP
at any time between release of the RFP and any award and execution of a
contract. Unauthorized contact with any Judicial Council personnel or consultants
may be cause for rejection of the Proposer’s proposal.
8. EVALUATION PROCESS
A. The Judicial Council will follow the following process in evaluating proposals.
1. The Judicial Council will first open the non-cost portion of each proposal
received by the appropriate deadline to confirm that it meets the format
requirements specified in the RFP.
2. The Judicial Council will complete its evaluation of the non-cost portions
of all such proposals using the methods specified in the RFP.
3. The Judicial Council will publish the results of the completed non-cost
evaluation at https://courts.ca.gov/policy-administration/bidders-
solicitations. Because the small business preference and DVBE incentive
cannot be properly applied until both the non-cost and cost portions of the
proposals have been scored, these factors will be excluded when
publishing the results of the completed non-cost evaluation.
4. The Judicial Council will publicly open the cost portion of the proposals
as specified in the RFP. The Judicial Council will not, however, open the
cost portion of any proposal determined to have a material deviation in the
non-cost portion.
5. The Judicial Council will evaluate the cost portion of the proposals opened
in paragraph 8.A.4. All figures entered on the cost portion must be clearly
legible.
B. Proposals that contain false or misleading statements may be rejected if in the
Judicial Council’s opinion the information was intended to mislead the evaluation
team regarding a requirement of the RFP.
C. During the evaluation process, the Judicial Council may require a Proposer's
representative to answer questions with regard to the Proposer’s proposal. Failure
of a Proposer to demonstrate that the claims made in its proposal are in fact true
may be sufficient cause for deeming a proposal non-responsive.
D. The Judicial Council’s Small Business Preference Procedures for the Procurement
of Information Technology Goods and Services (“Small Business Procedures”)
address the resolution of certain ties involving the small business preference. In
the event of a tie not addressed in the Small Business Procedures, the contract will
be awarded to the winner of a single coin toss. The coin toss will be witnessed by
two Judicial Council employees. The Judicial Council will provide notice of the
3
RFP Title: Internet-Based Employment Recruitment Software Application & Maintenance Services
RFP Number: TCAS-2026-01-JU
date and time of the coin toss to the affected Proposers, who may attend the coin
toss at their own expense.
9. DISPOSITION OF MATERIALS
All materials submitted in response to the RFP will become the property of the Judicial
Council and will be returned only at the Judicial Council’s option and at the expense of
the Proposer submitting the proposal.
10. PAYMENT
A. Payment terms will be specified in any agreement that may ensue as a result of
the RFP.
B. THE JBE DOES NOT MAKE ADVANCE PAYMENT FOR SERVICES.
Payment is normally made based upon completion of tasks as provided in the
agreement between the Judicial Council and the selected Proposer. The Judicial
Council may withhold ten percent of each invoice until receipt and acceptance of
the final deliverable. The amount of the withhold may depend upon the length of
the project and the payment schedule provided in the agreement between the
Judicial Council and the selected Proposer.
C. Upon a Proposer’s timely request, the Judicial Council may consider a Proposer’s
“best financing alternative” (including lease or purchase alternatives). If the RFP
is posted more than 30 days before the proposal due date and time listed in the
timeline of the RFP, the Proposer’s request must be received by the Judicial
Council at least 30 days before the proposal due date and time. If the solicitation
is posted less than 30 days before the proposal due date and time, the Proposer’s
request must be received by the Judicial Council by the day that is halfway
between the posting date and the proposal due date. The Judicial Council may
determine that a specific financing alternative should not be considered.
11. AWARD AND EXECUTION OF AGREEMENT
A. Award of contract, if made, will be in accordance with the RFP to a responsible
Proposer submitting a proposal compliant with all the requirements of the RFP
and any addenda thereto (including any administrative or technical requirements),
except for such immaterial defects as may be waived by the Judicial Council.
B. A Proposer submitting a proposal must be prepared to use a standard Judicial
Council contract form rather than its own contract form.
C. The Judicial Council will make a reasonable effort to execute any contract based
on the RFP within forty-five (45) days of selecting a proposal that best meets its
requirements. However, exceptions taken by a Proposer may delay execution of a
contract.
D. Upon award of the agreement, the agreement shall be signed by the Proposer in
two original contract counterparts and returned, along with the required
attachments, to the Judicial Council no later than ten (10) business days of receipt
4
RFP Title: Internet-Based Employment Recruitment Software Application & Maintenance Services
RFP Number: TCAS-2026-01-JU
of agreement form or prior to the end of June if award is at fiscal year-end.
Agreements are not effective until executed by both parties. Any work performed
before receipt of a fully-executed agreement shall be at the Proposer’s own risk.
12. FAILURE TO EXECUTE THE AGREEMENT
The period for execution set forth in section 11 (Award and Execution of Agreement)
may only be changed by mutual agreement of the parties. Failure to execute the
agreement within the time frame identified above constitutes sufficient cause for voiding
the award. Failure to comply with other requirements within the set time constitutes
failure to execute the agreement. If the successful Proposer refuses or fails to execute the
agreement, the Judicial Council may award the agreement to the next qualified Proposer.
13. NEWS RELEASES
News releases or other publicity pertaining to the award of a contract may not be issued
without prior written approval of a supervisor or manager of the Judicial Council Branch
Accounting and Procurement, Trial Court Administrative Services office.
14. ANTI-TRUST CLAIMS
A. In submitting a proposal to the Judicial Council, the Proposer offers and agrees
that if the proposal is accepted, the Proposer will assign to the Judicial Council
all rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act
Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or
services by the Proposer for sale to the Judicial Council pursuant to the
proposal. Such assignment shall be made and become effective at the time the
Judicial Council tenders final payment to the Proposer. (See Government Code
section 4552.)
B. If the Judicial Council receives, either through judgment or settlement, a
monetary recovery for a cause of action assigned under this section, the
Proposer shall be entitled to receive reimbursement for actual legal costs
incurred and may, upon demand, recover from the Judicial Council any portion
of the recovery, including treble damages, attributable to overcharges that were
paid.
C. Upon demand in writing by the Proposer, the Judicial Council shall, within one
year from such demand, reassign the cause of action assigned under this
section if the Proposer has been or may have been injured by the violation of
law for which the cause of action arose and (a) the Judicial Council has not
been injured thereby, or (b) the Judicial Council declines to file a court action
for the cause of action. (See Government Code section 4554.)
5
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.
