IFB2026-03_Bid_Request_Packet.pdf
PDF 2 MB Posted
- Attached to
- IFB2026-03 Pure Storage
- Solicitation number
- 0000040400
- Issued by
- California
About this file
This is an Invitation for Bid (IFB) packet issued by the Superior Court of California, County of Kern, for the procurement of Pure Storage IT goods and services. The court seeks to purchase Pure Storage subscription renewals, upgraded controller hardware, and installation services across three arrays. The bid packet includes seven line items: support subscription renewals for Arrays #1 and #2 (36 months each, October 22, 2026 through October 21, 2029), upgraded controller hardware for Arrays #1 and #2, corresponding installation and activation services for the upgrades, and an Evergreen Forever subscription extended service agreement for Array #3 (36 months). No bidders' conference or site visit is scheduled. The bid due date is 3:00 p.m. Pacific Standard Time on Thursday, October 1, 2026, with submission required via email to purchasing@kern.courts.ca.gov or hand delivery to 1430 Truxtun Avenue, 5th floor, Bakersfield, California 93301. The court intends to award a three-year purchasing contract on a lowest responsive bid basis and will issue purchase orders on an annual basis. Goods must be delivered within 30 days of order receipt.
Bidders must submit California seller's permits, completed Payee Data Records, and Appendix A certifications regarding Generative AI use. Pricing must be quoted as F.O.B. Destination unless otherwise specified, with freight costs to be included or identified separately. Sales tax at 8.25 percent applies to taxable items delivered in Kern County. The court will not accept bids referencing alternative terms and conditions or attempting to modify the court's standard Purchase Order Terms and Conditions. Only Pure Storage manufactured items are acceptable; no equivalent substitutes are permitted. The court reserves the right to cancel the IFB if budget funding becomes unavailable, to reject all bids if they are not competitive or reasonably priced, and to accept or reject any items in whole or in part. Vendor's quote constitutes an irrevocable offer for 90 days following the bid due date. Payment is due 30 days from receipt of correct, itemized invoices. Bidders must certify compliance with the Darfur Contracting Act, Congolese conflict minerals provisions, disabled veteran business enterprise (DVBE) requirements, and tax delinquency verification. Disabled veteran business enterprises may receive a three percent incentive on lowest responsive quote evaluations if requirements are met.
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Superior Court of California, County of Kern
Invitation for Bid No. IFB2026-03
The Superior Court of California, County of Kern (the “Court”) is considering the purchase of certain IT and IT goods and services. If Vendor is interested in selling these goods to the Court, it must complete and sign the quote below and submit it to the Court.
IFB Issue Date: September 16, 2026
Bid Due Date and Time: No later than 3:00 p.m. on Thursday, October 1, 2026. Pacific Standard Time. The Court must receive the quote before the Quote Due Date and Time.
Submit Bid Via:
☐ E-Mail to: purchasing@kern.courts.ca.gov OR
☐ Deliver to 1430 Truxtun Ave., 5th floor, Bakersfield, CA 93301
Court Contact: Richard Tapia at Richard.Tapia@kern.courts.ca.gov interested bidders must submit any questions regarding this quote or the items listed in writing to the buyer at the email listed above.
Delivery:
☒ Goods must be delivered to the Court’s within 30 days from receipt of order.
Award Basis:
☒ Lowest Responsive Bid
Instructions to Bidder:
1. Review description of each required item. Provide quote/unit and calculate the extended cost. Unit Cost quoted is used to calculate extension costs.
2. Review Rules Governing Non-IT and IT Goods and Services RFQs (available at https://www.courts.ca.gov/documents/jbcl-manual.pdf).
Notes:
1. Vendor must submit a copy of its California Sellers’s Permit with its quote (see the Rules Governing Non-IT and IT Goods and Services RFQ (available at https://www.courts.ca.gov/documents/jbcl-manual.pdf) for additional details.
2. Vendor must submit completed Payee Data Record.
3. Vendor must bid Pure Storage items as listed only - No other Mfg. is acceptable.
4. Vendor must complete and submit Appendix A – Generative AI Contract Provisions
5. Provide pricing as requested. The Court intends to award a 3-Year Purchasing Contract to the awarded Vendor and will issue purchase orders on an annual basis.
6. The Pure Storage Installation Service is a one-time cost to be billed in the first Year of the Purchasing Contract
7. If you are submitting your response via email, please only send attachments as a PDF file. Any emails sent with Zip file attachments will be blocked by the Court’s security measures.
8. The Court reserves the right to cancel this IFB if budget funding is no longer available for Award
List of Goods and Price Quote (not including tax)
Item No. Description Quantity U/M Unit Cost Extension
FA-C70R4-482TB FRV SUB NBD 24H SUP
Support subscription renewal for the installed array, including next-day business support service and 24-hour support coverage Manufacturer Part Number: FA0126161 Array # 1 Term: 10/22/2026 – 10/21/2029
36 Each
No Equivalent
PURE FA-C60 / 70 TO C70R5-FC FF UPG
Pure Storage upgraded Controller hardware for Array # 1 Manufacturer Part Number: FA0313339
1 Each
No Equivalent
PURE STORAGE INSTALLATION UPG SVC
Installation and activation of Pure Storage upgraded Controller hardware for Array #1 On-site service One-Time Cost Manufacturer Part Number: FA0130890
1 Each
No Equivalent
FA-C70R4-482TB FRV SUB NBD 24H SUP
Support subscription renewal for the installed array, including next-day business support service and 24-hour support coverage Manufacturer Part Number: FA0126161 Array # 2 Term: 10/22/2026 – 10/21/2029
36 Each
No Equivalent
PURE FA-C60 / 70 TO C70R5-FC FF UPG
Pure Storage upgraded Controller hardware for Array # 2 Manufacturer Part Number: FA0313339
1 Each
No Equivalent
PURE STORAGE INSTALLATION UPG SVC
Installation and activation of Pure Storage upgraded Controller hardware for Array # 2 On-site service One-Time Cost Manufacturer Part Number: FA0130890
1 Each
No Equivalent
PURE FA-E-1050TB PRM FVR 1MO.
Pure Storage Evergreen Forever Subscription Extended Service Agreement Manufacturer Part Number: FA0110167 Array # 3 Term: 10/22/2026 – 10/21/2029
36 Each
No Equivalent
Notes
PAYMENT SCHEDULE:
Will annual payments be acceptable for the 3-year term? YES______ NO_______
BID TERMS – TO BE COMPLETED/SIGNED BY VENDOR
COOPERATIVE AGREEMENTS: The Superior Court of California, County of Kern participates in cooperative agreements such as NASPO-Value Point; U.S. Communities, NJPA, NPP and others.
Please provide the best pricing available to the Courts.
FREIGHT/SHIPPING/HANDLING COSTS:
If you are not quoting F.O.B. Destination in the unit cost, please indicate the freight, or a freight not-to-exceed amount. This cost will be considered in the award basis
1 LS $_________ $__________
CALIFORNIA TAXES:
Is this taxable? Yes_______ No ________ Include the current sales tax amount, if applicable. The County pays sales tax at the rate of 8.25 % for items delivered in Kern County. Identify items that are taxable.
1 LS $_________
PAYMENT TERMS:
Please provide your payment terms (i.e.
“Net”, “Net 30”, etc.): _______________
DELIVERY DAYS:
Delivery will be made in _______days after receipt of purchase order _________ days
VENDOR BID NOTES:
Please provide any notes or details regarding your bid that the Court needs to be aware of.
If selected by the Court, Vendor agrees (i) to sell the requested goods to the Court at the prices specified above,
(ii) to deliver the goods to the Court by the dated specified above, and (iii) that the purchase will be governed solely by the Courts Purchase Order Terms and Conditions (attached) without regard to any additional or other terms and conditions proposed by Vendor. Vendor acknowledges that this RFQ is governed by the Court’s Rules Governing Non-IT and IT Goods and Services RFQs (attached).
Submitted by: ____________________________ Vendor Name: _________________________________
____________________________ Address: ______________________________________ (Print or type name and title)
Signature: __________________________________ Email: _____________________________________
Phone: _____________________________________
Fax: _____________________________________
TAX ID: ____________________________________
Rules Governing IT Goods and Services RFQs
Submission of Quotes. Vendor must sign and submit its quote using the Court’s form. Quotes may be submitted by mail (to the address specified on the quote) or by fax (to the fax number specified on the quote). Quotes sent to any other address or fax number will not be considered. The Court must receive the quote on or before the Quote Due Date and Time. Late quotes will not be accepted.
Faxed Quotes. All pages of a faxed quote received before the Quote Due Date and Time will be considered the complete quote.
Please be advised that there may be a heavy demand placed on the fax machine receiving quotes and the Court assumes no responsibility if Vendor cannot transmit its quote via fax, or if the entire quote is not received before the Quote Due Date and Time.
Process. Before the Quote Due Date and Time, the Court may cancel the RFQ for any or no reason. After the Quote Due Date and Time, the Court may reject all quotes and cancel the RFQ if the Court determines that: (i) the quotes received are not really competitive; (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 Court. The Court reserves the right to accept or reject any or all of the items in the quote, to award the contract in whole or in part and/or negotiate any or all items with a vendor if it is deemed in the Court’s best interest. The RFQ is not an order, agreement, or obligation on behalf of the Court, and in no way is the Court responsible for the cost of preparing the quote.
Offer Period. Vendor may withdraw its quote at any time before the Quote Due Date and Time by notifying the Court in writing of its withdrawal. The notice must be signed by Vendor. Quotes cannot be changed or withdrawn after the Quote Due Date and Time;
Vendor's quote is an irrevocable offer for ninety (90) days following the Quote Due Date and Time.
Terms. Upon award of the contract, the Court will issue a purchase order (including the Court’s Purchase Order Terms and Conditions) to the selected vendor. Quotes that reference other terms and conditions or propose changes to the Court’s Purchase Order Terms and Conditions, may be rejected. If the selected vendor rejects or attempts to amend or supplement the Court’s purchase order, the Court may cancel the award and award the contract to the next qualified vendor.
Award Basis. If the “lowest responsive quote” box is checked, the contract will be awarded (if at all) to the responsible Vendor that submitted the lowest responsive quote. If the “highest scored quote” box is checked, the contract will be awarded (if at all) to the responsible Vendor that submitted the highest scored quote. 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 Court employees. The Court will provide notice of the date and time of the coin toss to the affected vendors, who may attend the coin toss at their own expense. During the evaluation process, the Court may require Vendor to answer questions or provide clarifications regarding Vendor’s quote. Failure to answer such questions or provide the requested clarifications may result in the quote being deemed non-responsive.
Seller’s Permit and Payee Data Record. Vendor must submit with its quote, for itself and each of its affiliates that make sales for delivery into California, a copy of either (a) a California seller's permit issued under Revenue and Taxation Code (“RTC”) 6066 et seq.
or (b) a certificate of registration issued under RTC 6226. If awarded the contract, Vendor must complete and submit to the Court a Payee Data Record form.
Certifications. Vendor certifies: (i) [Darfur Contracting Act] it is not a “scrutinized company” as defined in Public Contract Code (“PCC”) 10476 (applicable if Vendor currently or within the previous three years has had business activities or other operations outside of the United States); (ii) [Congolese Conflict minerals] it is not a “scrutinized company” as defined in PCC 10490(b), or the goods or services Vendor would provide to the Court are not related to products or services that are the reason Vendor must comply with Section 13(p) of the Securities Exchange Act of 1934; (iii) [DVBE Violation] Vendor is not on the Department of General Services’ (“DGS”) list of firms and persons that have been suspended or debarred from contracting with the state because of a violation of PCC 10115.10, regarding disabled veteran business enterprises (“DVBEs”); and (iv) [Tax delinquency] it is not on the Franchise Tax Board’s list of 500 largest state income tax delinquencies, or the Board of Equalization’s list of 500 largest delinquent sales and use tax accounts.
DVBE Incentive. Eligibility for and application of the DVBE incentive are governed by the Court’s DVBE Rules and Procedures.
Vendor will receive a DVBE incentive if, in the Court’s sole determination, Vendor has met all applicable requirements.
DVBE incentive qualification is optional. Failure to qualify for the DVBE incentive will not render a quote non-responsive.
For lowest responsive quote RFQs: if Vendor receives the DVBE incentive, the dollar amount of its quote will be reduced (for evaluation purposes only) by an amount equal to 3% of the lowest responsive quote. For highest scored quote RFQs: if Vendor receives the DVBE incentive, a specified number of points will be added to the score assigned to Vendor’s quote.
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, Vendor may have an approved Business Utilization Plan (“BUP”) on file with DGS.
If Vendor wishes to seek the DVBE incentive:
1. Vendor must complete and submit with its quote the “Bidder Declaration” document (available from the Court upon request). Vendor must submit with the Bidder Declaration all materials required in the Bidder Declaration.
2. Vendor must submit with its quote a “DVBE Declaration” document (available from the Court upon request) completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Vendor is itself a DVBE, it must complete and sign the DVBE Declaration. If Vendor will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Declaration. NOTE: The DVBE Declaration is not required if Vendor 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 Vendor not receiving the DVBE incentive. In addition, the Court may request additional written clarifying information. Failure to provide this information as requested will result in Vendor not receiving the DVBE incentive. If Vendor receives the DVBE incentive: (i) Vendor will be required to complete a post-contract DVBE certification if DVBE subcontractors are used; (ii) Vendor must use any DVBE subcontractor(s) identified in its quote unless the Court approves in writing the substitution of another DVBE; and (iii) failure to meet the DVBE commitment set forth in its quote will constitute a breach of contract. FRAUDULENT MISREPRESENTATION IN CONNECTION WITH THE DVBE INCENTIVE IS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT OR FINE, AND VIOLATORS ARE LIABLE FOR CIVIL PENALTIES. SEE MILITARY
AND VETERANS CODE 999.9.
Errors. If errors are found in a quote, the Court may reject the quote. The Court may, at its sole option, correct arithmetic or transposition errors or both. The Court may or may not waive an immaterial deviation or defect in a quote. The Court’s waiver of an immaterial deviation or defect shall in no way modify the RFQ or excuse a Vendor from full compliance with RFQ specifications.
Protests. Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contract Manual (see www.courts.ca.gov/documents/jbcl-manual.pdf). Failure 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 Quote Due Date and Time. Protests should be sent to the Court Contact on the page 1 of the
RFQ.
Confidential information. Quotes are subject to disclosure pursuant to applicable provisions of the PCC and Rule 10.500 of the California Rules of Court. Disclosure will be made regardless of whether the quote (or portions thereof) is marked “confidential,” “proprietary,” or otherwise, and regardless of any statement in the quote (a) purporting to limit the Court’s right to disclose information in the quote, or (b) requiring the Court to inform or obtain the consent of Vendor prior to the disclosure of the quote (or portions thereof). Accordingly, Vendor should not include confidential or proprietary information in its quote.
Miscellaneous. 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 17030. It is unlawful to prohibit a printer or copier cartridge that is sold to a judicial branch entity from being recycled or remanufactured.
PIIBCB!SE QBPEB TEB¥S !NP CQNPITIQNS
l\CCEPTl\NCE: BY DELIVERING THE ORDERED GOODS OR COMMENCING PERFORMANCE UNDER TIIIS ORDER, VENDOR AGREES TO TIIE SPECIFICATIONS, TERMS, AND CONDITIONS IN OR REFERENCED BY THIS DOCUMENT (COLLECTIVELY, THE "ORDER"). THIS ORDER CONSTITUTES THE ENTIRE AGREEMENT BETWEEN COURT AND VENDOR, AND SUPERSEDES ALL PRIOR AGREEMENTS, WRITTEN OR ORAL, WITH RESPECT TO THE SUBJECT MATTER HEREOF. VENDOR'S ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS ARE EXPRESSLY EXCLUDED FROM THIS ORDER AND COURT DOES NOT AGREE TO SUCH TERMS OR CONDITIONS. THIS ORDER'S TERMS AND CONDITIONS MAY ONLY BE V ARIED BY A WRITING SIGNED BY
COURT'S DULY AUTIIORIZED REPRESENTATIVE.
l\IIPIT R IGBT· Vendor must maintain records relating to performance and billing by Vendor under this Order until five years after final payment. During the period of time that Vendor is required to retain such records, Court or its representative may, during normal business hours, inspect and make extracts or copies of such records and other materials for purposes of confirming the accuracy of invoices submitted hereunder.
PEX,IYEBY !NP Pl\CKINQ SX,IPS· Time is of the essence to delivery and any other performance required of Vendor. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or any other purpose will be paid by Court unless it is expressly included on the face of this Order.
Unless stated otherwise in this Order, the shipping point for all deliveries under this Order will be "F.O.B. Destination-Freight Prepaid." Unless otherwise shown on this Order, on "F.O.B. Shipping Point" transactions, Vendor must arrange for lowest-cost transportation, prepay and add freight to its invoice, and furnish supporting freight bills over $25. If delivery is to be made by a carrier, an itemized delivery ticket must be attached to the outside of the package. Each container must be marked with the Order number, part number and quantity. An itemized packing slip with Court's Order number, description of the goods, quantity and unit of measure and item/part number must be included in the shipment of the goods. If Vendor ships multiple containers for the Order, Vendor must also number the containers with shipping labels, identify the total number of containers, and identify the container in which the packing slip is enclosed. Vendor bears the risk of loss or damage to the ordered goods until Vendor delivers the goods to Court's place of business unless a different F.O.B. point is indicated on the face of this Order. Notwithstanding such delivery, Vendor bears the risk ofloss or damage to the goods purchased under this Order in the event of and from the time Court gives notice of rejection or termination of this Order.
PI SPJITE BESQT,JJTIQN· The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Order.
INPEMNITY· Vendor will indemnify, defend, and hold harmless Court, other California judicial branch entities, and their officers, agents, and employees from and against all claims, losses, and expenses, including attorneys' fees and costs, that arise out of (i) a defect, whether latent or patent, in the goods or services purchased hereunder, (ii) an act or omission of Vendor, its agents, employees, independent contractors, or subcontractors in the performance of this Order, (iii) the alleged or actual infringement of any third party intellectual property or other rights by the goods or services purchased hereunder, and (iv) a breach of a representation, warranty, or other provision of this Order.
This indemnity applies regardless of the theory ofliability on which a claim is made or a loss occurs. This indemnity will survive the expiration or termination of this Order or delivery and acceptance of the goods and services. This indemnity does not cover claims, losses or expenses to the extent they arise out of the gross negligence of court.
INSPECTION !NP l\CCEPTl\NCE· Notwithstanding any prior inspection or payments, all goods and services delivered hereunder are subject to final inspection and acceptance or rejection by Court at any time within thirty days after delivery to Court. All items which are not in compliance with the specifications hereof, which are not as warranted or which are shipped late, shipped in excess or insufficient quantities or substituted for items ordered hereunder may be rejected by Court and returned or held at Vendor's expense and risk. Payment does not constitute an acceptance of the material nor impair Court's right to inspect or any of its remedies.
INSJJBl\NCE· Vendor will maintain insurance that is sufficient in scope and amount to permit Vendor to pay in the ordinary course of business insurable claims, losses and expenses, including insurable claims, losses and expenses that arise out of Vendor's performance of this Order. Vendor will maintain employer's liability and workers' compensation coverage at statutory levels covering all employees performing work under this Order.
INYQICES Pl\YMENT !NP SETQEE: Court has no obligation to pay for any item until one original and two copies ofa correct, itemized invoice for the item is received at the address shown on the face of this Order. Payment is due thirty days from receipt of a correct, itemized invoice. Each invoice must be printed on Vendor' s standard printed bill form, and must include at a minimum (i) the Order number, (ii) Vendor's name and remit address, (iii) the nature of the invoiced charge, (iv) the total invoiced amount, and (v) such detail as is reasonably necessary to permit Court to evaluate the goods received and the services performed, if any, including without limitation the number of hours worked and the applicable hourly rate. Amounts owed to Court due to rejections of goods or services or discrepancies in an invoice will be, at Court's option, fully credited against future invoices payable by Court, or paid by Vendor within thirty days from Vendor's receipt of a debit memo or other written request for payment by Court. Court has the right at any time to set off any amount owing from Vendor to Court against any amount payable by Court under this Order or any other transaction or occurrence.
l,EQl\l, CQMPX,Il\NCE· (a) Vendor must observe and comply with all federal, state, city, and local laws, rules, and regulations affecting goods and services under this Order. (b) Vendor and its subcontractors, if any, must not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, disability (mental or physical) including HIV and AIDS, medical condition (including cancer and genetic characteristics), marital or domestic partner status, age ( 40 and over), request for family and medical care leave, sex (including gender and gender identity) or sexual orientation. Vendor must ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Vendor and its subcontractors, if any, must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (c) Vendor must comply with the Americans with Disabilities Act (ADA) of 1990 (42 USC Sec. 012101 et seq.) which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA, as well as California's Fair Employment and Housing Act (Government Code section 12990 et seq.). (d) This Order incorporates the terms and conditions set forth in the document entitled "JBCL Appendix,"(as may be amended from time to time) posted at http://www2.courtinfo.ca.gov/termsandconditions8.pdf. If some or all of the goods being provided by Vendor are on CAL OSHA' s "Hazardous Substances List," Vendor will, upon request, forward a completed Material Safety Data Sheet (MSDS) to Court. This Order shall be governed by the laws of the State of California without regard to its conflict oflaws provisions. For Orders $100,000 or more, Vendor certifies, under penalty of perjury, that it: (i) is in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code); (ii) is in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of the Title 2 of the Government Code); and (iii) does not have any policy against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, that is used to discriminate in violation of the Unruh Civil Rights Act or the California Fair Employment and Housing Act.
PBEYl\IT,INQ W7\GR, For public works projects over $1,000, this Order incorporates the terms and conditions set forth in the document entitled "Prevailing Wage Required Provisions," (as may be amended from time to time) posted at http://www.courts.ca.gov/documents/prevailing-wage-requirements.docx.
STl\TJIS l\S INPEPENPENT CQNTBl\CTQR !NP SJIBCQNTBl\CTS· Vendor is an independent contractor and while performing work on or off Court's premises neither it nor any of its agents or employees will be considered agents or employees of Court. Vendor may not assign, subcontract, or delegate its obligations under this Order without the prior written consent of Court, and any attempted assignment, subcontract, or delegation is void. Subject to the foregoing, the terms and conditions of this Order apply to any assignee, subcontractor, or delegate.
TRRMINl\TIQN· Court may terminate all or part of this Order for any or no reason at any time by giving notice to Vendor. Should Court terminate this Order for convenience, Court's liability will be: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten percent of the purchase price; (b) for custom products, the lesser of (i) a reasonable price for raw materials, components, work in progress, and any finished units on hand, or (ii) the price, set forth in this Order, per finished unit, after giving effect to any discount Court would otherwise be entitled to. For termination of any separate services specifically ordered, liability will be the lesser of (a) a reasonable price for the services rendered prior to termination, or (b) the price for the services. If any hourly or other time-based rate for services is specified in this Order, such rate will be used in determining a reasonable price. Upon receipt of a termination notice, Vendor must, unless otherwise directed, cease work and follow Court's directions as to work in progress and fmished goods.
W7\R R l\NTI ES: Vendor warrants that it complies with all applicable laws and regulations, and that it shall obtain and keep current all necessary licenses, approvals, permits, and authorizations required by applicable laws and regulations for the performance of Vendor's obligations. Vendor warrants that all goods delivered will (a) be free from defects in workmanship, material, and mannfacture (including, without limitation, defects which could create a hazard to life or property); (b) be new, not refurbished or reconditioned, unless stated otherwise in this Order; ( c) be of merchantable quality and fit for the purposes intended by Court to the extent disclosed to Vendor; ( d) comply with the requirements of this Order; and ( e) comply with all applicable laws and regulations. Vendor warrants that all services will be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations, and in accordance with industry standards.
l\BTIFICI!l, INTELl,IQENCE: This Order incorporates the terms and conditions (as may be amended from time to time) posted at:
https://courts.ca.gov/system/files/file/genai-provisions-031726.pdf
Purchase Order Terms and Conditions (rev. March 2026)
PAYEE DATA RECORD
Required in lieu of IRS W-9 form when receiving payments from the Judicial Council of California (JCC) on behalf of the Superior Courts of California Revised 09/15/2025
Instructions
See page two for additional instructional information and Privacy Statement. Complete all information on this form, sign, and date. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used to prepare Information Returns (1099). Return this form to your court representative who will forward it to the Judicial Council of California.
SECTIONS 2 THRU 5 – VENDOR COMPLETE
Legal Name
PAYEE'S LEGAL NAME - AS SHOWN ON FEDERAL INCOME TAX RETURN
BUSINESS NAME - IF DIFFERENT FROM ABOVE E-MAIL ADDRESS
REMITTANCE MAILING ADDRESS
CITY, STATE, ZIP CODE
PHONE NUMBER
Payee Entity Type
Complete One Box
Only
NOTE:
A taxpayer identification number is required
ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)
PARTNERSHIP CORPORATION EXEMPT (NON-PROFIT)
LIMITED LIABILITY COMPANY CORPORATION – LEGAL GOVERNMENT (FEDERAL, STATE, LOCAL)
INDIVIDUAL/SOLE PROPRIETOR CORPORATION – MEDICAL ESTATE OR TRUST
ENTER SOCIAL SECURITY NUMBER (SSN)
Note: If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN; however, the IRS prefers that you use your SSN. For trial court employee vendor number, the SSN is not required
Resident Status check the appropriate box
California Resident - Qualified to do business in California or maintains place of business
California Nonresident (see page 2) – Payment(s) to non-resident for services may be subject to State Income Tax withholding.
No services performed in California Copy of Franchise Tax Board waiver of State Withholding attached
Certification
NOTE:
See instructions on
Vendor Contact
Information and
Signature
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding because of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person, as defined by the IRS.
I hereby certify under the penalty of perjury that the information provided on this document is true and correct.
Should my information change, I will promptly notify the JCC at the address listed in Section 1.
VENDOR REPRESENTATIVE’S NAME (Type or Print) TITLE E-MAIL
AUTHORIZED VENDOR SIGNATURE DATE TELEPHONE
SECTION 6 – COURT COMPLETE
Vendor Category
Court Contact
Please choose from the JCC Vendor Category below
ARBITRATOR
BENEFIT PROVIDER
CONTRACTOR
COURT APPT. COUNSEL
COURT INTERPRETER
MEDIATOR
RENT
COURT REPORTER
DECEASED FINAL PAYMENT
EMPLOYEE
GARNISHMENT TRUSTEE
GRAND JURY
SETTLEMENT/ AWARDS
VOLUNTEER
RETIREE – (SELECT TYPE BELOW)
MEDICAL PREMIUM REIMB
IN LIEU OF MEDICAL PREMIUM
PENSION REPLACEMENT
COURT CONTACT NAME PHONE NUMBER EMAIL
Requirement to Complete Payee Data Record A completed Payee Data Record (in lieu of the IRS W-9) is required for payments and will be kept on file at the Judicial Council of California, Trial Court Administrative Services Office. Since each state agency with which you do business must have a separate Payee Data Record on file, it is possible for a payee to receive a similar form from various state agencies.
SECTIONS 2 THRU 5 – VENDOR COMPLETE
Enter the payee’s legal name. Sole proprietorships must also include the owner’s full name.
An individual must list his/her legal name as it appears on his/her Federal Income tax return. If a different name is used, that name should also be entered, beneath the legal name.
The mailing address should be the address at which the payee chooses to receive correspondence. The business address is the physical location of business, if different than mailing address. The phone number, e-mail address, and facsimile number should also be provided.
Check the box that corresponds to the payee business type. Check only one box. Corporations must check the box that identifies the type of corporation.
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the State provide their Taxpayer Identification Number (TIN). The TIN is required by the California Revenue and Taxation Code Section 18646 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and other information returns as required by the Internal Revenue Code Section 6109(a).
The TIN for individuals is their Social Security Number (SSN). A sole proprietor may have both a Federal Employer Identification Number (FEIN) and a SSN, the IRS prefers that sole proprietors user their SSN. Only partnerships, estates, trusts, and corporations will enter their FEIN.
Are you a California resident or non-resident?
A corporation will be defined as a “resident” if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
A partnership is considered a resident partnership if it has a permanent place of business in California.
An estate is a resident if the decedent was a California resident at the time of death.
A trust is a resident if at least one trustee is a California resident.
For individuals and sole proprietors, the term “resident” includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a non-resident.
Payments to all non-residents may be subject to withholding. Non-resident payees performing services in California or receiving rent, lease, or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for State income taxes. However, no withholding is required if total payments to the payee are $1,500 or less for the calendar year.
For information on Non-resident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov
This form must be signed. Provide the name, title, e-mail, and telephone number of the individual completing this form. Also, provide the date the form was completed.
Certification Instructions: You must cross out item 2 if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. If you are not a U.S. Citizen or U.S. person, as defined by the Internal Revenue Service, a different form may be required and tax withholdings may apply. See IRS website http://www.irs.gov/businesses/international/index.html for additional information.
SECTION 6 – COURT COMPLETE
Please check the box that best describes the type of business/work the vendor provides. This will assist us in processing payment and tax withholdings. If the court is sending the request, please include contact information to assist with processing your request. Not including court contact information may delay processing the request.
Privacy Statement: Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, State, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it.
It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and State law imposes non-compliance penalties of up to $20,000.
You have the right to access records containing your personal information, such as your SSN. To exercise the right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
mailto:wscs.gen@ftb.ca.gov http://www.ftb.ca.gov/ http://www.irs.gov/businesses/international/index.html
Electronic Funds Transfer Authorization
(Automated Clearing House - ACH) Revised 09/15/2025
SECTION 1. Enrollment Type
Please select the box that indicates the enrollment action.
New Change Cancel
If this is a change or a request to add to an existing vendor, please indicate the vendor number:
SECTION 2. Remittance E-Mail Notification
Please provide one or more Accounts Receivable e-mail addresses where ACH remittance information should be sent:
E-mail 1:
E-mail 2:
SECTION 3. Account Information
Name of Individual/Business:
Name of Financial Institution:
Branch Number or Name: Branch Phone:
Financial Institution Address (Number and Street):
City: State: Zip Code:
Type of Account: Checking Savings
Nine-Digit Routing Number: Depositor Account Number:
Re-enter Routing Number: Re-enter Account Number:
SECTION 4. Authorization
1. Select the appropriate action:
Authorize direct deposit of payments due the entity named in Section 3
Cancel direct deposit for the entity named in Section 3
2. Provide certification information:
I certify that the entire amounts authorized to be received by this account are not subject to be transferred to a foreign bank account. I acknowledge that if this box is not selected, the Judicial Council of California (JCC) will issue all payments by check only.
If I transfer money from this account to an offshore bank, I will cancel this authorization and notify the JCC. This authorization remains in full force and effect until the JCC receives written notification from the entity of its termination in such manner as to afford the JCC and financial institution a reasonable opportunity to act on it, or until the JCC terminates the agreement. This authorization and any future notifications must be sent to one of the contacts listed in Section 5.
Authorized Signature of Entity Named in Section 3:
Provide the last 4-digits the taxpayer identification number associated with this vendor:
Date:
Phone:
SECTION 5. General Instructions
1. To enroll for direct deposit payments from the Superior Courts of California or change, or cancel your existing direct deposit, complete sections 1, 2, 3 and 4 of this form (all information must be legible).
2. Contact your financial institution to obtain routing and account number information.
3. Your direct deposit will continue to be deposited into your designated account at your financial institution until the JCC is notified that you wish to re-designate your account and/or your financial institution. To re-designate, complete and submit a new form with the new information. Do not close your old account until your first payment is deposited into your newly designated account and/or financial institution.
4. Submit this form to your court representative who will forward it to the Judicial Council of California.
1 of 2 pages
SECTION 6. Court Authorization
The information was verified through a phone call with the vendors designated contact on record.
Authorized Court Representative Signature: Date:
Phone:
rev Nov. 2018
DARFUR CONTRACTING ACT CERTIFICATION
Pursuant to Public Contract Code (PCC) section 10478, if a proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must either (i) certify that it is not a “scrutinized company” as defined in PCC 10476, or (ii) receive written permission from the JBE to submit a proposal.
To submit a proposal to the JBE, the proposer must insert its company name and Federal ID Number below and complete ONLY ONE of the following three paragraphs. To complete paragraph 1 or 2, simply check the corresponding box. To complete paragraph 3, check the corresponding box and complete the certification for paragraph 3.
Company Name (Printed) Federal ID Number
Printed Name and Title of Person Checking Box (for paragraph 1 or 2 below)
1. We do not currently have, and we have not had within the previous three years, business activities or other operations outside of the United States.
OR
2. We are a “scrutinized company” as defined in PCC 10476, but we have received written permission from the JBE to submit a proposal pursuant to PCC 10477(b).
A copy of the written permission from the JBE is included with our proposal.
OR
3. We currently have, or we have had within the previous three years, business activities or other operations outside of the United States, but we certify below that we are not a “scrutinized company” as defined in PCC 10476.
CERTIFICATION FOR PARAGRAPH 3:
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the proposer to the clause in paragraph 3. This certification is made under the laws of the State of California.
Company Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of _________ in the
State of ____________
APPENDIX A
Will your company be using Generative AI in the deliverables, services, software, or any other goods named in bid proposal submitted to the Court for IFB2026-03?
________ Yes ________ No
I hereby certify that I have read and understand the contract provisions regarding the use of Genrative AI.
If you responded “yes,” to use of AI in the deliverables, Vendor must read the “General AI Contract Provisions” listed below and provide any documentation that fully describes the Generative AI you will be using for IFB2026-03
Contractor Name (Printed)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
APPENDIX A
GENERAL AI CONTRACT PROVISIONS
SECTION 1: GENERATIVE ARTIFICIAL INTELLIGENCE
1.2 GENAI DISCLOSURE OBLIGATIONS:
(a) Disclosure Obligations:
(i) Contractor must immediately notify the JBE in writing if Contractor intends to include or provide GenAI in Deliverables; or if Contractor intends to include GenAI in any Deliverable that Materially Impacts:
(A) functionality of a JBE 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 JBE operations);
(B) risk to the JBE (i.e., the work using GenAI could have a significant, substantial effect on the JBE’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 the JBE); or
(C) contract performance (i.e., when failure to conduct work which uses GenAI in accordance with the contract would constitute a material breach of contract).
(ii) Such notification shall be provided to the JBE designee identified in this Agreement.
(iii) At the direction of the JBE, Contractor shall discontinue the provision to the JBE of any previously unreported GenAI, including GenAI that results in a Material Impact to the functionality of a JBE system, risk to the JBE, or contract performance, as determined by the JBE.
(iv) If the use of previously undisclosed GenAI is approved by the JBE, then Contractor will update the description of the goods, services, and/or deliverables, and the parties will amend the Agreement accordingly.
(b) Failure to Disclose or Discontinue GenAI Use: The JBE, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Agreement when such failure results in a Material Impact to functionality of a JBE system, risk to the JBE, or Agreement performance. The JBE is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the Agreement for cause.
1.3 CONTRACTOR’S OBLIGATIONS FOR RESPONSIBLE USE:
(a) Contractor shall ensure that it has obtained all necessary consents, permissions, and licenses from data subjects and third parties to use the GenAI for this Agreement.
Contractor represents and warrants that it has the appropriate intellectual property rights associated with any GenAI used in the Deliverables.
(b) Contractor shall ensure that the GenAI included, or made available as part of the Deliverables is equitable, non-discriminatory, and reasonably well-designed to avoid harmful, offensive, dangerous, and unlawful impact. Contractor shall be liable for any Hallucination produced by the GenAI that has an adverse impact on Generated Data or a Deliverable.
(c) Contractor shall comply with all applicable laws and regulations in relation to the provision or use of any GenAI in the Deliverables.
1.4 RIGHTS TO STATE GENERATED DATA:
JBE and Contractor agree that Generated Data created from a JBE-provided Prompt is not a derivative work of the GenAI Training Data. Notwithstanding the preceding sentence, in the event a court of competent jurisdiction determines that Generated Data created from a JBE-provided Prompt constitutes a derivative work of the GenAI Training Data, Contractor hereby grants the JBE an unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive right, and license to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the Generated Data.
1.5 CONTRACTOR’S USE OF JBE DATA:
Contractor shall not incorporate any confidential or non-public JBE data into GenAI Training Data and shall not otherwise utilize confidential or non-public JBE data to train, tune, maintain, improve, or develop GenAI, except with the express written authorization from the JBE specifying the confidential or non-public JBE data that may be used along with the acceptable scope of such usage.
SECTION 2: GENERATIVE AI SPECIAL PROVISIONS
2.1 GENAI ADDITIONAL SECURITY REQUIREMENTS:
Contractor shall allow the JBE reasonable access to the GenAI security logs, latency statistics, and other related GenAI security data that affect this Agreement and JBE Content, at no cost to the JBE.
2.2 CONFIDENTIALITY OF DATA AND PROMPTS:
Contractor shall protect from unauthorized use and disclosure any Prompts that Contractor provides to any GenAI in connection with this Agreement, as well as any Generated Data that is created based on Contractor provided Prompts.
2.3 RIGHTS IN PROMPTS AND GENERATED CONTENT:
(a) For the avoidance of doubt and for the purposes of this Agreement: (i) JBE-provided Prompts and Generated Data created from a JBE provided Prompt shall constitute a subset of the JBE’s data, and the JBE owns all rights, title, and interest to such Prompts and Generated Data; and (ii) the JBE shall own all rights, title, and interest to any Prompts or Generated Data developed or produced by the Contractor as Deliverables pursuant to this Agreement.
(b) Unless otherwise specified in this Agreement:
(i) Contractor shall not use, copy, modify, distribute, or disclose any Prompts or Generated Data for any purpose other than performing its obligations under this Agreement, unless expressly authorized by the JBE in writing.
(ii) For any Contractor-provided Prompts or Generated Data from a Contractor-provided Prompt, Contractor hereby grants the JBE an unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive right and license to use, modify, reproduce, perform, release, display, create derivative works from, and disclose such Prompts and Generated Data.
2.4. GENAI TRAINING AND GENERATED DATA REVIEW:
(a) GenAI Training Data Review: Contractor shall track and disclose the quality of the GenAI Training Data used for any GenAI in relation to this Agreement, using suitable metrics and methods to measure the accuracy, relevance, and bias of the data over time.
Contractor shall share such metrics and methods, as well as the underlying data, with the JBE upon request by the JBE or at periodic intervals as may be agreed by the JBE and Contractor. The JBE retains the right to audit, review, or investigate the quality of the GenAI Training Data at any time, upon reasonable advance notice from JBE to Contractor.
(b) Generated Data Review: Contractor shall track and disclose the quality of the Generated Data of any GenAI in relation to this Agreement, using suitable metrics and methods to measure the accuracy, relevance, and bias of the output over time. Contractor shall share such metrics and methods, as well as the underlying output, with the JBE upon request by the JBE or at periodic intervals as agreed by the Parties. The JBE retains the right to audit, review, or investigate the quality of the Generated Data at any time, subject to reasonable advance notice from JBE to Contractor.
(c) Generated Data Identification: Contractor shall ensure that all Generated Data that materially impacts Deliverables created pursuant to the Agreement contains a digital watermark or other digital identification that clearly identifies that the Generated Data was created by GenAI. Contractor shall comply with all other applicable laws, regulations, and guidelines concerning the identification Generated Data.
DEFINITIONS: the following terms shall be given the meanings shown below:
(a) Artificial Intelligence or AI: technology that enables computers and machines to reason, learn, and act in a way that would typically require human intelligence.
(b) Deliverables: any services, software, goods, and any other items to be delivered or provided by Contractor pursuant to this Agreement.
(c) GenAI Training Data: any content, information, or data that is used to train, tune, test, or validate a GenAI, including text, images, video, audio, code, or similar types of input.
(d) Generated Data: any output, results, content, or other data that is produced by GenAI, including but not limited to text, images, video, audio, code, or similar types of output.
(e) Generative AI (GenAI): 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.
(f) Hallucination: Generated Data that is nonsensical, false, or misleading, and is not based on real or existing data, but is instead produced by bias or the GenAI’s extrapolation or creative interpretation of its Gen AI Training Data.
(g) JBE: the California judicial branch entity that is entering into this Agreement.
(h)…
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