Court Interpreter Education and Training Services for the California Court Interpreter Workforce Pilot Program

1. BACKGROUND INFORMATION 3

2. PURPOSE AND INFORMATION 4

3. REQUIREMENTS 4

4. DESCRIPTION OF SERVICES AND DELIVERABLES 5

5. TIMELINE FOR THIS RFP 9

6. RFP ATTACHMENTS AND LINKS 9

7. PAYMENT INFORMATION 12

8. WRITTEN QUESTIONS 13

9. RESPONDING TO THIS RFP 13

10. PROPOSAL CONTENTS 15

11. SELECTION PROCESS 20

12. EVALUATION OF PROPOSALS 21

13. CONFIDENTIAL OR PROPRIETARY INFORMATION 21

14. CONTRACT TERMS AND ADMINISTRATIVE RULES 22

15. DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE 22

16. GENERATIVE ARTIFICIAL INTELLIGENCE 24

17. ADMINISTRATIVE RULES GOVERNING RFPs 25

18. PROTESTS 25

Attachments

ADMINISTRATIVE RULES GOVERNING REQUESTS FOR PROPOSALS

JUDICIAL COUNCIL STANDARD TERMS AND CONDITIONS (sample contract document)

PROCUREMENT ACCESSIBILITY QUESTIONNAIRE

COST PROPOSAL INSTRUCTIONS AND CERTIFICATION FORM

COST PROPOSAL

REFERENCE FORM

LINKS

SUBMISSION OF QUESTIONS

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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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BIDDER DECLARATION

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DVBE DECLARATION

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BACKGROUND INFORMATION

The Judicial Council of California ("Judicial Council") is the policymaking body of the California court system, which includes 58 superior courts, the courts of appeal, and the Supreme Court. Under the authority of the state's Constitution and with the leadership of the Chief Justice of the California Supreme Court, the Judicial Council is responsible for ensuring the fair, impartial, and consistent administration of justice. The Judicial Council promulgates rules and procedures for court administration, develops and implements policies for the judicial branch, and makes recommendations annually to the Governor and the Legislature. Judicial Council staff assist the Judicial Council with implementing policies and supporting court operations.

Within the Judicial Council is Leadership Support Services, which houses the Language Access Services Program ("LASP"). LASP comprises the Court Interpreters Program ("CIP") unit and the Language Access Implementation ("LAI") unit. LAI works on making the courts more language accessible, and CIP works on court interpreter matters such as interpreter testing and credentialing.

The Judicial Council is the credentialing authority for California court interpreters. To become a certified or registered court interpreter, an individual must pass the required examinations and complete enrollment with the Judicial Council CIP.

California is currently experiencing a shortage of credentialed court interpreters in the state's most frequently interpreted languages. To address this issue, the 2023 Budget Act created the California Court Interpreter Workforce Pilot Program ("Pilot Program") and dedicated $6.8 million to the program. The five-year Pilot Program started July 1, 2024, and concludes June 30, 2029.

The Pilot Program's objective is to increase the number of applicants eligible for employment with the courts as credentialed court interpreters. The Pilot Program will meet this objective by providing Pilot Program Participants with access to education and training opportunities that assist them to pass their required examinations.

CIP oversees the Pilot Program which requires all program Participants to take the English Only Written Exam (which is required for all languages), followed by taking either (1) the oral Bilingual Interpreting Exam ("BIE") for certified languages, (2) the Oral Proficiency Examinations ("OPEs") for registered languages (in English and the target language, if available), or (3) the American Sign Language ("ASL") Texas Board of Evaluation of Interpreters ("BEI") Court Interpreter Certification ("CIC") for ASL court interpreter certification. More information regarding the California or Texas court interpreter exams is available at: .

PURPOSE AND INFORMATION

The purpose of this RFP is for the Judicial Council to enter into Agreement(s) with highly qualified Proposer(s) who currently provide court interpreter education and training services and who can provide classes/programs to Participants who are enrolled in the Pilot Program.

Under the Agreement(s), selected Proposer(s) will provide education and training services for active Pilot Program participants ("Participants") who are seeking to become California credentialed court interpreters.

Participants will select classes/programs which meet their individual needs from the selected Proposers' current available repertoire of curriculum.

The Judicial Council will pay selected Proposer(s) for the classes/programs that Participants select.

The Judicial Council anticipates up to 300 Participants may seek classes/programs, in a calendar year, from selected Proposer(s).

The Judicial Council does not make any guarantees of how many Participants may enroll in the selected Proposer(s) classes/programs.

The Judicial Council may award one (1) to five (5) Agreements with an initial term of 12 months, effective approximately January 1, 2027, through December 31, 2027, with two (2) additional consecutive one-year option terms.

The estimated overall three-year budget for this RFP is $3,600,000.00 and is based on State funding availability.

REQUIREMENTS

Proposers must have at least five (5) years of verifiable experience providing court interpreter education and training services which assist students to prepare for their court interpreter examinations.

Classes/programs must be available online (live webinars or self-paced e-learning modules), in-person instruction, or a combination of these formats (hybrid).

Proposers must have knowledge of the subject matters listed in this Section:

Core competencies for court interpreters: legal procedures, specialized terminology (criminal, civil, family), and courtroom etiquette.

Interpreter ethics: professional codes of conduct, confidentiality, and impartiality.

Modes of interpretation: simultaneous interpretation, consecutive interpretation, and sight translation (sight translation is the immediate oral or signed interpretation of a written text from one language into another language, preserving meaning, tone, and intent).

Exam preparedness, including teaching methods that progressively develop court interpreting skills and help candidates to successfully pass required examinations.

Proposers must offer courses that directly relate to one or more of the following interpreter classifications: certified court interpreter, registered court interpreter, or ASL court interpreter.

Prerequisite assessment: If available through the Proposer's services, Proposers may offer candidates language assessments or pre-tests to determine language proficiency and candidate readiness for the different California interpreter examinations.

DESCRIPTION OF SERVICES AND DELIVERABLES

Scope of Work.

The Judicial Council seeks the services of highly qualified Proposers who can provide court interpreter classes/programs each of the agreement to over 300 Participants who are studying to become credentialed California court interpreters through the Pilot Program. The Judicial Council will reimburse selected Proposers for classes that Participants register for. Accordingly, the Proposer must provide a way in which Participants register for classes without being charged.

Selected Proposer(s) will provide an array of education and training classes/programs that Participants can select from.

Selected Proposer(s) will provide Participants options for taking classes such as in-person, on-line (e.g., self-paced courses, or virtual webinars with live instruction), or hybrid formats.

Selected Proposer(s) will provide Participants with a certificate of completion for each class/program.

Selected Proposer(s) will provide the Judicial Council Project Manager with Participant data as follows:

Participant's first and last name and unique identification number.

Classes/programs Participant is enrolled in.

Participant's date of enrollment, date they completed or left the classes/programs, and number of days they participated in the class/program.

Participant's final class/program grade (letter grade, pass/fail, etc.).

Participant's assessment reports (see Section 4.1.8.3 below).

Classes/programs shall:

Provide Participants with education and training on the necessary court interpreting skills and techniques required to become a California credentialed court interpreter.

Prepare Participants for their required certification examinations, which may include:

Written Exam - English Only (required for all languages)

Bilingual Interpreting Exam (certified languages)

Oral Proficiency Exam (registered languages)

Texas BEI CIC (ASL court interpreter)

Offer language assessments and pretests to Participants, if available, to determine interpreting or language proficiency and exam readiness.

Proposer's Curriculum. Selected Proposer's curriculum will provide Participants the training necessary to prepare them to take the California interpreter credentialing examination(s) that corresponds with their language. Proposers must offer courses that relate to at least one of the following examinations:

Written Exam in English Only. Selected Proposer(s) will provide the Participants who are studying for the Written Exam (English Only) with the following curriculum elements:

What to expect on the exam and study tips.

Court related terms and usage, including legal terminology.

Idioms, antonyms, and synonyms.

Review of the .

Provide Participants with practice exams.

Review case studies with Participants to build their skills.

Provide Participants feedback during class instruction.

Bilingual Interpreting Exam (BIE). Selected Proposer(s) will provide Participants who are studying for the BIE for certified languages with the following curriculum elements:

What to expect on the exam and study tips.

Court related terms and usage, including legal terminology.

Modes of interpretation: consecutive, simultaneous, and sight translation (to/from interpreting language).

Review case studies with Participants to build their skills.

Court interpretations via mock scenarios.

Provide Participants real-time mock BIEs and provide Participants with instructor feedback in person, virtually, or in writing.

Memory and organization.

Note taking.

Language neutral classes.

Classes specifically designed for speakers in the foreign languages being tested, if available.

Oral Proficiency Exams (OPEs). Selected Proposer(s) will provide Participants who are studying for the OPE for registered languages (required in English and the target language, if available) with the following curriculum elements:

What to expect on the exams (English and target language, if available) and study tips.

Court related terms and usage to include legal terminology.

Modes of interpretation: consecutive, simultaneous and sight translation.

Review case studies with Participants to build their skills.

Court interpretations via mock scenarios.

Language neutral classes.

Provide Participants feedback during class instruction.

Memory and organization.

Note taking.

Classes specifically designed for speakers in the foreign language being tested.

American Sign Language (ASL). Selected Proposer(s) will provide Participants who are studying for the Texas BEI CIC for ASL court interpreter certification with the following curriculum elements:

What to expect on the exam and study tips.

Court related terms and usage to include legal terminology.

Modes of interpretation: consecutive, simultaneous and sight translation.

Review case studies with Participants to build their skills.

Idioms, antonyms, and synonyms.

Provide Participants feedback during class instruction.

Memory and organization.

Note taking.

Court interpretations via mock scenarios.

More information on the Texas BEI CIC is located on their .

Compliance with Level A and AA success criteria and conformance requirements specified in Web Content Accessibility Guidelines ("WCAG") 2.1, and all California and federal disability laws, rules, and regulations applicable to the JBE, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).

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 contract document that will be executed as a result of an award made under this RFP; however, prospective Contractors are hereby advised that Judicial Council payments are made by the State of California, and the State does not make any advance payment for services.

Subject to the terms in Attachment B, the selected Proposer(s) will be paid a Firm Fixed Hourly Instructional Rate established in the approved Proposer's Cost Proposal for the services and deliverables outlined in Section 4.

Proposers will provide discount rates based on the number of Participants registering for the Proposer's classes/programs.

Travel expenses will not be reimbursed under an Agreement issued from this RFP.

Selected Proposer(s) shall submit invoices to the Judicial Council in arrears no more frequently than monthly based on Participant enrollment in classes/programs.

Up to five (5) Agreement(s) may be issued under this RFP. The estimated RFP budget is $3,600,000.00 and is dependent upon the availability of State funds. The value of each Agreement will be determined during Agreement negotiations.

Initial Term: January 1, 2027, through December 31, 2027

Option Term 1: January 1, 2028, through December 31, 2028

Option Term 2: January 1, 2029, through December 31, 2029

Judicial Council will endeavor to pay invoices within sixty (60) days after receipt of a correct, itemized invoice. In no event shall Judicial Council 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 Proposer'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 Proposer'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 must 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 Technical Proposal ("Technical Proposal") and the Proposer's Cost Proposal ("Cost Proposal").

Proposal Submission Requirements.

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

Technical Proposal Submission.

Proposers must submit one (1) electronic file of the Technical Proposal using PDF or Word format. The Technical 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 Technical Proposal. Proposers must include the RFP number and 'Technical Proposal' in the name of the electronic file of the Technical Proposal.

Cost Proposal Submission.

Proposers must submit one (1) electronic file of the Cost Proposal using Attachment D and Attachment E which is attached hereto. The Cost Proposal must be submitted to Judicial Council separate from the Technical Proposal; the Cost Proposal must not be combined or incorporated in any way with the Technical 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., "Technical 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 the 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) assume all risk for ensuring the Judicial Council's receipt of Proposals no later than the date and time specified in the Schedule of Events.

PROPOSAL CONTENTS

Technical Proposal (70 points). The following information must be included in the Technical Proposal. Any Technical Proposal lacking any of the following information may be deemed non-responsive. The Technical Proposal is to be 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 identify the proposed prime contractor, any proposed subcontractors (if applicable), and include all relevant contact information. Note that if the Proposer is a sole proprietor using his or her social security number, the social security number will be required prior to finalizing a contract. 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.

Conflict of Interest. If applicable, provide a statement of any recent, current, or anticipated contractual obligations that relate in any way to similar work, the services, or Judicial Council that may have a potential to conflict with the Proposer's ability to provide the services described herein to Judicial Council.

Program Design and available Curriculum (27 Points). Proposers must describe the following:

Languages in which classes or programs are offered.

Instructor to student ratio for classes/programs.

The formats in which classes/programs are offered.

List of available classes/programs Participants will have access to which includes the number of class/program hours, languages, and method of instruction delivery (remote, in-person, self-paced, or hybrid).

How the Proposer will assist Participants with the three (3) modes of interpretation (Sight translation, consecutive, and simultaneous).

How the Proposer will provide Participants and the Judicial Council Project Manager access to grades, and/or class/program certificates of completion.

Ethics classes provided by Proposer.

Proposer's language assessments or pre-tests to determine language proficiency and candidate readiness for the different California interpreter examinations. If none are available, does the Proposer plan to create language assessments?

How often the Proposer offers new curriculum and the process for vetting the curriculum.

Proposer's teaching methods and how much individual interaction Participants will receive with instructors.

Any study groups the Proposer organizes to help Participants.

Any mock examinations the Proposer administers to assist Participants.

Any planned courtroom observations the Proposer organizes for the benefit of the Participants.

Demonstrated Experience & Relevance (10 points). Proposers must describe the following:

Years of operation providing interpreting classes or programs for California court interpreter language credentialing.

Experience of Proposer's key management team assigned to work with the Judicial Council's Project Manager (provide resumes).

Proposer's plan to manage the account and interact with the Judicial Council Project Manager.

Years of experience of Proposer's instructors and longevity with the Proposer, and experience of Proposer's curriculum development team.

Experience of Proposer's IT staff to manage web-based class platform access issues.

Percentage of the Proposer's students who have passed the California Written Exam, BIE, OPE, and/or BEI (Do not include federal exam data, only provide California exam data).

Implementation Plan & Organizational Capacity (20 Points). Proposers must describe the following:

Their implementation plan and organizational capacity to possibly receive over 300 Participants (annually) registering for classes/programs.

Proposer's staffing levels to handle the potential influx of Participants registering for classes.

Does the Proposer have enough instructors to provide curriculum instruction for the potential influx of Participants? If not, how will the Proposer rectify the staffing levels?

The Proposer's process for managing Participant complaints (grades) and the complaint resolution process.

The Proposer's process for Participant complaints against instructors.

The Proposer's customer service operation hours and staffing levels to handle the potential influx of Pilot Program Participants.

The Proposer's web-based platform so Participants can self-register for classes and access their grades or certificates of completion, and the capacity to manage the potential influx of Pilot Program Participants visiting the webpage.

The Proposer's process for Participants to register for classes or programs via the Proposer's customer service center (Telephone).

The Proposer's process to provide the Judicial Council voucher codes so Participants can register for classes/programs at no cost to themselves.

Acceptance of the Terms and Conditions (10 Points).

On the Bidder's Acceptance of Terms and Conditions , the Bidder must check the appropriate box and sign the form. If the Bidder 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 Technical 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: .

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.

Attachment F: Reference Form. Proposer must complete the Reference Form and provide the 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.

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. Please note a business license may have several differing naming conventions based upon the issuing city or county (e.g., Business License, Business Tax Certificate, Business Operations Tax Certificate, etc.).

Copies of the Proposer's (and any subcontractors') professional certifications or other credentials.

The Proposer must complete the Procurement Accessibility Questionnaire (Attachment C) and submit the completed questionnaire with its proposal.

Cost Proposal (30 Points). The following information must be included in the Cost Proposal. A Cost Proposal lacking any of the following information may be deemed non-responsive. The Judicial Council expects Proposers to offer bulk discount pricing.

The Proposer must complete and submit Cost Proposal Instructions and Certification Form (Attachment D). Attachment D must be signed by an authorized representative of the Proposer's organization.

The Proposer must complete and submit the Cost Proposal (Attachment E).

The Proposer must not change the format of Attachment E.

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

Technical 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 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 evaluation team may adjust Proposers' scores of non-cost criteria.

Cost Proposals. The evaluation team will evaluate the opened Cost Proposals.

Award. The highest-scoring Proposer(s) after applying any DVBE incentive or discounts, who meet the minimum requirements in Section 3.0 above, will be contacted regarding contract award and contract discussions. 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 Judicial Council may request clarification from Proposers after the submission of proposals. Additionally, at any time, the 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 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.

Execution. 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 Judicial Council.

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 12.2 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 Judicial Council. If the Proposer fails to do so, Judicial Council will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000, until the Proposer submits a complete and accurate post-contract certification form.

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

FRAUDULENT MISREPREPRETATION 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 services contain or utilize GenAI (or will contain or utilize GenAI), or if GenAI is or will be included in any services 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: .