| Location: | California |
|---|---|
| Posted: | Jul 17, 2026 |
| Due: | Aug 14, 2026 |
| Agency: | Superior Court of California, County of Santa Clara |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | 71726C |
| Publication URL: | To access bid details, please log in. |
| Bid # | Title | Deadline | Documents |
| 71726C | Reporter Transcript Archival | 8/14/2026 | Request for Proposal |
REQUEST FOR
PROPOSALS
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
REGARDING:
RFP 71726C
Reporter Transcript Archival
PROPOSALS DUE:
8/14/2026 NO LATER THAN 1:00 P.M. PACIFIC TIME
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GS-036 REV 4/8/26
| EVENT | DATE |
|---|---|
| RFP issued | 7/17/2026 |
1.0 BACKGROUND INFORMATION
The Superior Court of California, County of Santa Clara ("Court") is inviting qualified vendors to submit a bid
proposal to provide access to a secure server for archival of reporter transcripts.
2.0 DESCRIPTION OF SERVICES AND DELIVERABLES
The Santa Clara County Superior Court ("Court") seeks the services of a person or entity with expertise in providing
access to a cloud-based server environment for archival of reporter transcripts. Scope of work includes but is not
limited to the following:
* Contractor shall provide and maintain a secure, cloud-based server environment for the electronic storage
and archiving of court reporter transcripts, notes, dictionaries, and related files. The solution shall not require
the Court to purchase or install additional hardware or software.
* Contractor shall provide 24x7 access to the server for authorized Court reporters and Court Information
Technology (IT) staff.
* Contractor shall store all files uploaded by authorized Court personnel on the server. Uploaded files may
include raw note files, dictionaries, final transcripts, and audio files.
* Contractor shall not open, inspect, or review any files uploaded to the server by the Court.
* Contractor shall provide the capability to upload audio files in .MP3 format. If audio files are uploaded in .WAV
format, Contractor shall convert the files to .MP3 format prior to archival. All archived audio files shall be stored
in .MP3 format and shall be returned to the Court in .MP3 format upon download.
* Contractor shall ensure the server is available twenty-four (24) hours per day, seven (7) days per week, except
during scheduled maintenance.
* Contractor shall perform scheduled maintenance, whenever possible, during non-business hours or weekends
and shall provide advance notice to the Court regarding scheduled maintenance activities.
* Contractor shall provide all system updates at no additional cost to the Court during the term of the Agreement.
* Contractor shall create regular backup copies of all files stored on the server and provide the backup copy to
the Court via FTP transfer or another secure method accessible through the Court's network.
* Contractor shall maintain the confidentiality and security of Court data and ensure that only Court-authorized
individuals have access to stored information.
* Contractor shall provide regular notification, preferably quarterly, to the Court containing a secure website link
to access archived notes.
* Contractor shall maintain a separate electronic file for each Death Penalty Case, accessible through the same
secure website.
* Contractor shall provide ongoing telephone technical support for all server-related issues.
* Contractor shall work with Court IT staff to configure the server environment to comply with the Court's network
requirements.
* Contractor shall provide training to authorized Court users on system functionality and use.
* Contractor shall provide training to Court IT staff on configuring additional Windows PCs for use with the
system.
3.0 TIMELINE FOR THIS RFP
Court has developed the following list of key events related to this RFP. All dates are subject to change at the
discretion of Court.
EVENT DATE
RFP issued 7/17/2026
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GS-036 REV 4/8/26
| EVENT | DATE |
|---|---|
| Deadline for questions | 7/28/2026 |
| Questions and answers posted | 8/3/2026 |
| Latest date and time proposal may be submitted | 8/14/2026 @ 1:00 pm |
| Anticipated interview dates (estimate only) | 8/24/2026 - 8/28/2026 |
| Evaluation of proposals (estimate only) | 9/3/2026 |
| Notice of Intent to Award (estimate only) | 9/11/2026 |
| Negotiations and execution of contract (estimate only) | 9/21/2026 |
| Contract start date (estimate only) | 10/12/2026 |
| Contract end date (estimate only) | 6/30/2029 |
| ATTACHMENT | DESCRIPTION | ||||
|---|---|---|---|---|---|
| Attachment 1: Administrative Rules Governing RFPs (Non-IT Services) | These rules govern this solicitation. | ||||
| Attachment 2: Court Standard Terms and Conditions | If selected, the person or entity submitting a proposal (hereinafter referred to as "Proposer") must sign this Court Standard Form agreement (the "Terms and Conditions"). The following provisions within the Terms and Conditions are minimum contract terms and conditions ("Minimum Terms"): _____. | ||||
| Attachment 3: Proposer's Acceptance of Terms and Conditions | On this form, Proposer must indicate acceptance of the Terms and Conditions or identify exceptions to the Terms and Conditions. Note: A material exception to a Minimum Term will render a proposal non-responsive. | ||||
| Attachment 4: General Certifications Form | Proposer must complete the General Certifications Form and submit the completed form with its proposal. | ||||
| Attachment 5: Darfur Contracting Act Certification | Proposer must complete the Darfur Contracting Act Certification and submit the completed certification with its proposal. | ||||
| Attachment 6: Payee Data Record Form | This form contains information Court requires in order to process payments and must be submitted with the proposal. | ||||
| DVBE Incentive | For Proposers claiming the DVBE incentive, complete the DVBE Declaration and Bidder Declaration forms to receive the 3% incentive. See section 13.0. | ||||
| [Only for solicitations of $1,000,000 or more] Attachment 7: Iran Contracting Act Certification | Proposer must complete the Iran Contracting Act Certification and submit the completed certification with its proposal. | ||||
| (Only for solicitations of $100,000, or more) Attachment 8: Unruh and FEHA Certification | Proposer must complete the Unruh Civil Rights Act and California Fair Employment and Housing Act Certification and submit the completed certification with its proposal. |
EVENT DATE
Deadline for questions 7/28/2026
Questions and answers posted 8/3/2026
Latest date and time proposal may be submitted 8/14/2026 @ 1:00 pm
Anticipated interview dates (estimate only) 8/24/2026 - 8/28/2026
Evaluation of proposals (estimate only) 9/3/2026
Notice of Intent to Award (estimate only) 9/11/2026
Negotiations and execution of contract (estimate only) 9/21/2026
Contract start date (estimate only) 10/12/2026
Contract end date (estimate only) 6/30/2029
4.0 RFP ATTACHMENTS
The following attachments are included as part of this RFP:
ATTACHMENT DESCRIPTION
Attachment 1: These rules govern this solicitation.
Administrative Rules
Governing RFPs (Non-IT
Services)
Attachment 2: Court If selected, the person or entity submitting a proposal (hereinafter
Standard Terms and referred to as "Proposer") must sign this Court Standard Form
Conditions agreement (the "Terms and Conditions").
The following provisions within the Terms and Conditions are minimum
contract terms and conditions ("Minimum Terms"): _____.
Attachment 3: Proposer's On this form, Proposer must indicate acceptance of the Terms and
Acceptance of Terms and Conditions or identify exceptions to the Terms and Conditions.
Conditions
Note: A material exception to a Minimum Term will render a
proposal non-responsive.
Attachment 4: General Proposer must complete the General Certifications Form and submit the
Certifications Form completed form with its proposal.
Attachment 5: Darfur Proposer must complete the Darfur Contracting Act Certification and
Contracting Act Certification submit the completed certification with its proposal.
Attachment 6: Payee Data This form contains information Court requires in order to process
Record Form payments and must be submitted with the proposal.
For Proposers claiming the DVBE incentive, complete the DVBE
DVBE Incentive Declaration and Bidder Declaration forms to receive the 3% incentive.
See section 13.0.
[Only for solicitations of Proposer must complete the Iran Contracting Act Certification and
$1,000,000 or more] submit the completed certification with its proposal.
Attachment 7: Iran
Contracting Act Certification
(Only for solicitations of Proposer must complete the Unruh Civil Rights Act and California Fair
$100,000, or more) Employment and Housing Act Certification and submit the completed
Attachment 8: Unruh and certification with its proposal.
FEHA Certification
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5.0 PAYMENT INFORMATION
The Court will pay monthly invoices. NET 30.
No reimbursement for any travel, fuel, food & beverages and other miscellaneous expenses without Court's pre-
approval.
6.0 SUBMISSIONS OF PROPOSALS
6.1 Proposals should provide straightforward, concise information that satisfies the requirements of the
"Proposal Contents" section below. Expensive bindings, color displays, and the like are not necessary or
desired. Emphasis should be placed on conformity to the RFP's instructions and requirements, and
completeness and clarity of content.
6.2 Proposer must submit its proposal in two parts, the technical proposal and the cost proposal.
a. Proposer must submit an electronic copy of the technical proposal. The technical proposal must be
signed by an authorized representative of Proposer. The technical proposal must be submitted
to Court via email to solicitationsmailbox@scscourt.org. Proposer must write the RFP title and
number in the subject line of the email.
b. Proposer must submit an electronic copy of the cost proposal. The cost proposal must be submitted
in the same email as the technical proposal above, (via email to:
solicitationsmailbox@scscourt.org) but should be a separate attachment from the technical
proposal and marked "COST PROPOSAL." The proposal must be signed by an authorized
representative of Proposer.
6.3 Late proposals will not be accepted.
7.0 PROPOSAL CONTENTS
7.1 Technical Proposal: The following information must be included in the technical proposal. A proposal
lacking any of the following information may be deemed non-responsive.
a. Proposer's name, address, telephone and fax numbers, and federal tax identification number. If
Proposer is a sole proprietor using their social security number, the social security number does not
need to be included but will be required before finalizing a contract.
b. Name, title, address, telephone number, and email address of the individual who will act as
Proposer's designated representative for purposes of this RFP.
c. For each key staff member: a resume describing the individual's background and experience, as
well as the individual's ability and experience in conducting the proposed activities.
d. Names, addresses, and telephone numbers of a minimum of three (3) clients for whom Proposer
has conducted similar services. Court may check any and all references listed by Proposer.
e. Proposed method to complete the work.
(1) The proposal should include a description of the electronic "court reporters notes" storage
system, information on how court reporter notes are uploaded for storage and also
downloaded. It should include whether an electronic copy of a system back-up is provided to
the court. If so, how often it is provided and delivery method (for example, through an SFTP
process to electronically transmit the data to the court's network).
f. Acceptance of the Terms and Conditions.
(1) On Attachment 3, Proposer must check the appropriate box and sign the form. If Proposer
marks the second box, it must provide the required additional materials. An "exception"
includes any addition, deletion, or other modification.
(2) If exceptions are identified, Proposer must also submit (i) a red-lined version of the Terms
and Conditions that implements all proposed changes, and (ii) a written explanation or
rationale for each exception and/or proposed change.
(3) Note: A material exception to a Minimum Term will render a proposal non-responsive.
g. Certifications, Attachments, and other requirements.
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| CRITERION | MAXIMUM NUMBER OF | ||
|---|---|---|---|
| POINTS | |||
| Quality of work plan submitted | 20 | ||
| Experience on similar assignments | 5 | ||
| Cost | 40 | ||
| Credentials of staff to be assigned to the project | 10 | ||
| Acceptance of the Terms and Conditions | 20 | ||
| Ability to meet timing requirements to complete the project | 5 |
(1) Proposer must complete the General Certifications Form (Attachment 4) and submit the
completed form with its proposal.
(2) Proposer must complete the Darfur Contracting Act Certification (Attachment 5) and submit
the completed certification with its proposal.
(3) If Proposer is a California corporation, limited liability company ("LLC"), limited partnership
("LP"), or limited liability partnership ("LLP"), Proposer must submit proof that it is in good
standing in California. If Proposer is a foreign corporation, LLC, LP, or LLP, and Proposer
conducts or will conduct (if awarded the contract) intrastate business in California, Proposer
must submit proof that it is qualified to do business and is in good standing in California. If
Proposer is a foreign corporation, LLC, LP, or LLP, and Proposer does not (and will not if
awarded the contract) conduct intrastate business in California, Proposer must submit proof
that it is in good standing in its home jurisdiction.
(4) Copies of Proposer's (and any subcontractors') current business licenses, professional
certifications, or other credentials.
(5) Proof of financial solvency or stability (e.g., balance sheets and income statements).
(6) [for solicitations of $1,000,000 or more] Proposer must complete the Iran Contracting Act
Certification (Attachment 7) and submit the completed certification with its proposal.
(7) (for solicitations of $100,000 or more) Proposer must complete the Unruh Civil Rights Act and
California Fair Employment and Housing Act Certification (Attachment 8) and submit the
completed certification with its bid.
7.2 Cost Proposal. The following information must be included in the cost proposal.
a. A detailed line item budget showing total cost of the proposed services.
b. A full explanation of all budget line items in a narrative entitled "Budget Justification."
c. A "not to exceed" total for all work and expenses payable under the contract, if awarded.
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 Business and Professions Code Section 17030.
8.0 OFFER PERIOD
Proposer's proposal is an irrevocable offer for ninety (90) days following the proposal due date. In the event a final
contract has not been awarded within this period, Court reserves the right to negotiate extensions to this period.
9.0 EVALUATION OF PROPOSALS
At the time proposals are opened, each proposal will be checked for the presence or absence of the required
proposal contents.
Court will evaluate the proposals on a 100 point scale using the criteria set forth in the table below. The award, if
made, will be to the highest-scored proposal.
If a contract will be awarded, Court will post an intent to award notice at www.scscourt.org.
MAXIMUM NUMBER OF
CRITERION
POINTS
Quality of work plan submitted 20
Experience on similar assignments 5
Cost 40
Credentials of staff to be assigned to the project 10
Acceptance of the Terms and Conditions 20
Ability to meet timing requirements to complete the project 5
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10.0 INTERVIEWS
Court may conduct interviews with Proposers to clarify aspects set forth in their proposals or to assist in finalizing
the ranking of top-ranked proposals. The interviews may be conducted in person, by virtual meeting platform, or
by phone. If conducted in person, interviews will likely be held at Court's offices. Court will not reimburse Proposers
for any costs incurred in traveling to or from the interview location. Court will notify eligible Proposers regarding
interview arrangements.
11.0 CONFIDENTIAL OR PROPRIETARY INFORMATION
PROPOSALS ARE SUBJECT TO DISCLOSURE PURSUANT TO APPLICABLE PROVISIONS OF THE
CALIFORNIA PUBLIC CONTRACT CODE AND RULE 10.500 OF THE CALIFORNIA RULES OF COURT. Court
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 will be disclosed in response to
applicable public records requests. Such disclosure will be made regardless of whether the proposal (or portions
thereof) is marked "confidential," "proprietary," or otherwise, and regardless of any statement in the proposal (a)
purporting to limit Court's right to disclose information in the proposal, or (b) requiring Court 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. Proposers are accordingly cautioned
not to include confidential, proprietary, or privileged information in proposals.
12.0 DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE
A Disabled Veteran Business Enterprise (DVBE) incentive of three percent (3%) is offered to all DVBE Proposers
participating in this solicitation. To apply for the DVBE incentive, Proposers must complete Attachment 10 (Bidder
Declaration form) and Attachment 11 (DVBE Declaration form). Proposers must submit these forms along with
their RFP for review. Proposers can click on the links above for access to fillable forms, or go to Court's website
at http://www.scscourt.org/general_info/vendors/dvbe.shtml
13.0 PROTESTS
Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contracting Manual (see
www.courts.ca.gov/documents/jbcl-manual.pdf). Failure of a Proposer to comply with the protest procedures set
forth in that chapter will render a protest inadequate and non-responsive, and will result in rejection of the protest.
The deadline for the Court to receive a Solicitation Specifications Protest is the Proposal Due Date specified in
this RFP. Solicitation Specifications Protests will not be accepted for solicitations below $50,000 for Non-IT Goods
or $5,000 for Non-IT Services. In order to be considered valid, all such protests must be submitted by email to:
solicitationsmailbox@scscourt.org no later than the Proposal Due Date (Indicate in the email subject line
"SOLICITATION SPECIFICATIONS PROTEST", RFP Number, and Name of Your Firm).
A solicitation specifications protest must include the following information:
a. Contact information of the Protester or its representative (this must include name, address, and
telephone number, and should include e-mail address and fax number);
b. The title of the Solicitation Document to which the protest is related;
c. The specific alleged deficiency in the solicitation's technical, administrative, or cost specifications or
requirements;
d. A detailed description of the specific legal and factual grounds of protest and any supporting
documentation; and
e. The specific ruling or relief requested.
14.0 GENERATIVE ARTIFICIAL INTELLIGENCE
Definitions:
"Artificial intelligence" or "AI" means technology that enables computers and machines to reason, learn, and act
in a way that would typically require human intelligence.
"Generative Artificial Intelligence" or "GenAI" means an artificial intelligence system that can generate derived
synthetic content, including text, images, video, audio, code, and data visualizations, that emulates the structure
and characteristics of the system's training data.
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14.1 In its proposal, Proposer must notify the Court if Proposer's goods or services contain or utilize GenAI (or
will contain or utilize GenAI), or if GenAI is or will be included in any services, goods, or deliverables that
materially impact:
a. functionality of a Court 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 a contract could cause major disruptions to Court operations);
b. risks to Court (i.e., the work using GenAI could have a significant, substantial effect on Court's
operations, finances, security, or reputation, and failure to perform such work in accordance with
a contract would constitute a high likelihood of damage to Court); or
c. contract performance (i.e., when failure to conduct work which uses GenAI in accordance with a
contract would constitute a material breach of contract).
14.2 Proposer's failure to disclose GenAI to Court may result in disqualification (at the Court's sole discretion),
and Court reserves the right to seek any and all relief it may be entitled to as a result of such non-
disclosure.
14.3 Court 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 Court, as determined by Court in its sole discretion.
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ATTACHMENT 1
ADMINISTRATIVE RULES GOVERNING RFPS
(NON-IT SERVICES)
1. COMMUNICATIONS WITH COURT REGARDING THE RFP
Except as specifically addressed elsewhere in the RFP, Proposers must send any communications regarding the
RFP to solicitationsmailbox@scscourt.org (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 Proposer is requesting a change, the request must set forth the recommended change
and 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 Court's
responses will be made available prior to the proposal due date and time.
3. ERRORS IN THE RFP
3.1 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, Proposer must immediately notify Court via email to the
Solicitations Mailbox and request modification or clarification of the RFP. Without disclosing the source of the
request, Court may modify the RFP before the proposal due date and time by releasing an addendum to the
solicitation.
3.2 If a Proposer fails to notify Court of an error in the RFP known to Proposer, or an error that reasonably should
have been known to Proposer, before the proposal due date and time listed in the timeline of the RFP, Proposer
proposes at its own risk. Furthermore, if the Proposer is awarded the agreement, Proposer will not be entitled
to additional compensation or time by reason of the error or its later correction.
4. ADDENDA
4.1 Court 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 prior to its submission of a
proposal.
4.2 If any Proposer determines that an addendum unnecessarily restricts its ability to propose, Proposer must
immediately notify Court via email to the Solicitations Mailbox no later than one (1) 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 Court in
writing via email at solicitationsmailbox@scscourt.org of its withdrawal. The notice must be signed by Proposer.
Proposer may thereafter submit a new or modified proposal, provided that it is received at Court 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, Court may reject the proposal; however, Court may, at its sole option, correct
arithmetic or transposition errors or both on the basis that the lowest level of detail will prevail in any discrepancy. If
these corrections result in significant changes in the amount of money to be paid to Proposer (if selected for the
award of the agreement), Proposer will be informed of the errors and corrections thereof and will be given the option
to abide by the corrected amount or withdraw the proposal.
7. RIGHT TO REJECT PROPOSALS
7.1 Before the proposal due date and time listed in the timeline of the RFP, Court may cancel the RFP for any or
no reason. After the proposal due date and time listed in the timeline of the RFP, Court may reject all
proposals and cancel the RFP if Court 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 Court.
7.2 Court may or may not waive an immaterial deviation or defect in a proposal. Court's waiver of an immaterial
deviation or defect in no way modifies the RFP or excuses a Proposer from full compliance with RFP
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GS-036 REV 4/8/26
specifications. Until a contract resulting from this RFP is signed, Court 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 deemed in Court's best interest. A notice of intent to award does not constitute a
contract, and confers no right of contract on any Proposer.
7.3 Court 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 Court or the State of California responsible for the cost of preparing the proposal.
7.4 Proposers are specifically directed NOT to contact any Court 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 Court personnel or consultants may be
cause for rejection of Proposer's proposal.
8. EVALUATION PROCESS
8.1 An evaluation team will review all proposals that are received by the appropriate deadline to determine the
extent to which they comply with RFP requirements.
8.2 Proposals that contain false or misleading statements may be rejected if in Court's opinion the information
was intended to mislead the evaluation team regarding a requirement of the RFP.
8.3 During the evaluation process, Court may require a Proposer's representative to answer questions with
regard to their 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.
8.4 In the event of a tie, the contract will be awarded to the winner of a single coin toss. The coin toss will be
witnessed by two (2) Court employees. Court 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 Court and will be returned only at Court's
option and at the expense of Proposer submitting the proposal.
10. PAYMENT
10.1 Payment terms will be specified in any agreement that may ensue as a result of the RFP.
10.2 COURT DOES NOT MAKE ADVANCE PAYMENT FOR SERVICES. Payment is normally made based upon
completion of tasks as provided in the agreement between Court and the selected Proposer. Court may
withhold ten percent (10%) 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 Court and the selected Proposer.
11. AWARD AND EXECUTION OF AGREEMENT
11.1 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 Court.
11.2 A Proposer submitting a proposal must be prepared to use a standard Court contract form rather than its
own contract form.
11.3 Court 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.
11.4 Upon award of the agreement, an agreement will be signed by Proposer and returned, along with the
required attachments, to Court 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 is at 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, Court 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 Court.
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14. ANTI-TRUST CLAIMS
14.1 In submitting a proposal to Court, Proposer offers and agrees that if the proposal is accepted, the Proposer
will assign to Court 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 (Business and Professions Code Section
16700 et seq.), arising from purchases of goods, materials, or services by Proposer for sale to Court
pursuant to the proposal. Such assignment will be made and become effective at the time Court tenders
final payment to the Proposer. (See Government Code Section 4552.)
14.2 If Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned
under this section, Proposer will be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from Court any portion of the recovery, including treble damages, attributable
to overcharges that were paid.
14.3 Upon demand in writing by Proposer, Court will, within one (1) year from such demand, reassign the cause
of action assigned under this Section if Proposer has been or may have been injured by the violation of law
for which the cause of action arose and (a) Court has not been injured thereby, or (b) Court declines to file
a court action for the cause of action. (See Government Code Section 4554.)
15. AMERICANS WITH DISABILITIES ACT
Court complies with the Americans with Disabilities Act (ADA) and similar California statutes. Requests for
accommodation of disabilities by Proposers should be directed to the ADA Coordinator by calling 408-792-4203 or
by email at ADACoordinator@scscourt.org.
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GS-036 REV 4/8/26

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