RFP Title: MASTER AGREEMTNS FOR IT CONSULTING MANAGED SERVICES
RFP Number: IT-2025-203-RB
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 solicitations@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 JBE’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 JBE via email to the Solicitations Mailbox and
request modification or clarification of the RFP. Without disclosing the source of the
request, the JBE 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 JBE 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 JBE may modify the RFP before the proposal due date and time listed in the timeline
of the RFP by issuing an addendum. 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 JBE via email to the Solicitations Mailbox no
later than one day following issuance of the addendum.
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RFP Title: MASTER AGREEMTNS FOR IT CONSULTING MANAGED SERVICES
RFP Number: IT-2025-203-RB
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 JBE 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 JBE may reject the proposal; however, the JBE 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 JBE may
cancel the RFP for any or no reason. After the proposal due date and time listed in the
timeline of the RFP, the JBE may reject all proposals and cancel the RFP if the JBE
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 JBE.
B. The JBE may or may not waive an immaterial deviation or defect in a proposal. The
JBE’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 JBE 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 JBE’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 JBE 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 JBE or the State of California
responsible for the cost of preparing the proposal.
D. Proposers are specifically directed NOT to contact any JBE 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 JBE personnel or consultants may be cause for rejection of the Proposer’s proposal.
8. EVALUATION PROCESS
A. The JBE will follow the following process in evaluating proposals.
1. The JBE 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 JBE will complete its evaluation of the non-cost portions of all such
proposals using the methods specified in the RFP.
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RFP Title: MASTER AGREEMTNS FOR IT CONSULTING MANAGED SERVICES
RFP Number: IT-2025-203-RB
3. The JBE will publish the results of the completed non-cost evaluation at the
following location: ___________________. 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 JBE will publicly open the cost portion of the proposals as specified in the
RFP. The JBE will not, however, open the cost portion of any proposal
determined to have a material deviation in the non-cost portion.
5.
The JBE will evaluate the cost portion of the proposals opened in item A.4
above. 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 JBE’s
opinion the information was intended to mislead the evaluation team regarding a
requirement of the RFP.
C. During the evaluation process, the JBE 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.
E. The JBE’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 JBE employees. The JBE will provide
notice of the 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 JBE and will be
returned only at the JBE’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 JBE and the selected Proposer. The JBE 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 JBE and the selected Proposer.
C. Upon a Proposer’s timely request, the JBE 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 JBE 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 JBE by the day that is halfway
between the posting date and the proposal due date. The JBE may determine that a
specific financing alternative should not be considered.
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RFP Title: MASTER AGREEMTNS FOR IT CONSULTING MANAGED SERVICES
RFP Number: IT-2025-203-RB
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 JBE.
B. A Proposer submitting a proposal must be prepared to use a standard JBE contract form
rather than its own contract form.
C. The JBE 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
JBE no later than ten (10) business days of receipt 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 JBE 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 the Procurement Manager.
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RFP Title: MASTER AGREEMTNS FOR IT CONSULTING MANAGED SERVICES
RFP Number: IT-2025-203-RB
14. ANTI-TRUST CLAIMS
A. In submitting a proposal to the JBE, the Proposer offers and agrees that if the proposal is
accepted, the Proposer will assign to the JBE 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 JBE pursuant to the proposal. Such
assignment shall be made and become effective at the time the JBE tenders final payment
to the Proposer. (See Government Code section 4552.)
B. If the JBE receives, either through judgment or settlement, a monetary recovery for the
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
JBE any portion of the recovery, including treble damages, attributable to overcharges
that were paid.
C. Upon demand in writing by the Proposer, the JBE 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 JBE has not been injured thereby, or (b) the JBE declines to file a court action for
the cause of action. (See Government Code section 4554.)
15. AMERICANS WITH DISABILITIES ACT
The JBE complies with the Americans with Disabilities Act (ADA) and similar California
statutes. Requests for accommodation of disabilities by Proposers should be directed to the
Procurement Manager.
16. FEASIBILITY STUDIES AND ACQUISITION RECOMMENDATIONS
Proposals in response to procurements for assistance in the preparation of feasibility studies or the
development of recommendations for the acquisition of IT goods and services must disclose any
financial interests (e.g., service contracts, original equipment manufacturer (OEM) agreements,
remarketing agreements) that may foreseeably allow the Proposer to benefit materially from the
JBE’s adoption of a course of action recommended in the feasibility study or of the acquisition
recommendations.
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This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.