RFP_25-10__Labor_Consultant.docx

REQUEST FOR PROPOSALS

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO

REGARDING:

RFP 25-10 LABOR CONSULTANT

PROPOSALS DUE:

FEBRUARY 6, 2026. NO LATER THAN 3:00 P.M. PACIFIC TIME

RFP 25-10 Labor Consultant

Rev. 2025-10 Page 9 of 9

1.0 BACKGROUND INFORMATION

The Superior Court of California, County of San Bernardino (“Court”) is seeking proposals from qualified persons or entities (hereinafter referred to as “Bidder” or “Bidders”) with expertise in providing labor consultant services.

Pursuant to California Rules of Court 10.653(b) and Court policy, representatives of a court must meet and confer in good faith regarding matters within the scope of representation with representatives of a recognized employee organization. The Court currently requires labor consultant services for the following recognized employee organizations: Teamsters Local 1932 (Teamsters) and Service Employees International Union Local 721(SEIU), but may add additional organizations if necessary. The Court’s Executive Officer or delegate serves as the representative of the Court in matters relating to employment conditions and employer-employee relations. Proposer must have at least five (5) years of experience in the techniques and role of a Chief Negotiator with labor unions on behalf of management in public sectors.

The type of award anticipated is Firm Fixed Price for a term of three (3) years. A copy of this solicitation will be posted on the following websites: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx and https://sanbernardino.courts.ca.gov/general-information/request-proposal.

2.0 DESCRIPTION OF GOODS AND/OR SERVICES

See Exhibit A: Statement of Work: Note: certificates of insurance are required before work can begin.

3.0 TIMELINE FOR THIS RFP

The Court has developed the following list of key events related to this RFP. All dates are subject to change at the discretion of the Court.

3:00 PM Pacific Time

3:00 PM Pacific Time

February 16, 2026

February 23, 2026

4.0 RFP ATTACHMENTS

5.0 PAYMENT INFORMATION

See Exhibit B: Payment Provisions.

6.0 PRE-PROPOSAL CONFERENCE

A pre-bid conference is not scheduled for this solicitation. Questions are to be submitted per Attachment 1 Section 2 Questions Regarding the Solicitation.

7.0 SUBMISSION OF PROPOSALS

7.1. 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 – unbound is preferred. Emphasis should be placed on conformity to the RFP’s instructions and requirements, and completeness and clarity of content.

7.2. The Bidder must submit its proposal in two parts, the non-cost portion and the cost portion:

7.2.1. The Bidder must submit one (1) paper original of the non-cost portion of the proposal. The original must be signed by an authorized representative of the Bidder. The original non-cost portion of the proposal must be submitted to the Court in a single sealed envelope, separate from the cost portion. The Bidder must write “non-cost” and the RFP title and number on the outside of the sealed envelope.

7.2.2. The Bidder must submit one (1) paper original of the cost portion of the proposal. The original must be signed by an authorized representative of the Bidder. The original cost portion of the proposal must be submitted to the Court in a single sealed envelope, separate from the non-cost portion. The Bidder must write “cost” and the RFP title and number on the outside of the sealed envelope.

7.2.2.1. The Bidder must submit an electronic version of the entire proposal on USB Flash Drive inside the cost portion sealed envelope. The files contained on the USB Flash Drive should be in PDF, Word, or Excel formats.

7.3. Proposals must be delivered by the date and time listed on the coversheet of this RFP to:

Superior Court of California, County of San Bernardino Attn: Purchasing, RFP # 25-10 Labor Consultant 247 West Third Street, 11th Floor San Bernardino, CA 92415-0066

7.4. Late bids will not be accepted. Bids should be sent by courier service (e.g. FedEx or UPS) or delivered by hand. Bids sent by USPS generally do not arrive at the Court on time because they are delivered to County Central Mail first, which adds 1-7 days to the delivery transit time. The RFP title and number must be stated on the outside of the delivery envelope or package.

7.5. Only written bids will be accepted. Bids may not be transmitted by fax or email.

8.0 PROPOSAL CONTENTS

All information submitted in the proposal must be clearly legible.

8.1. Non-cost Portion. The following information must be included in the non-cost portion of the proposal. A proposal lacking any of the following information may be deemed non-responsive:

8.1.1. Bidder’s legal name, address, and telephone number.

8.1.2. Name, title, address (if different), telephone number, and email address of the individual who will act as the Bidder’s designated representative for the purposes of this RFP.

8.1.3. 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.

8.1.4. Names, addresses, and telephone numbers of a minimum of three (3) clients for whom the Bidder has conducted similar services. The Court may check references listed by the Bidder.

8.1.5. Proposed method to complete the work:

Provide a comprehensive methodology describing how you will serve as the Agency’s Chief Negotiator for collective bargaining and related labor‑management activities. Your approach must demonstrate knowledge of public‑sector labor relations (including applicable state/federal law and PERB procedures), a clear plan to meet the Scope of Work, and a disciplined project management framework.

8.1.5.1. Negotiations Strategy & Work Plan

Strategy selection (e.g., traditional, interest‑based bargaining), sequencing of proposals, costing of packages, and timeline from pre‑bargaining through tentative agreements and ratification; prior utilized plan may be submitted and may omit customer name.

Milestone plan covering discovery, proposal drafting, caucus preparation, mediation/fact‑finding/arbitration contingencies, and post‑agreement implementation.

8.1.5.2. Legal & Compliance Framework

Approach to staying compliant with applicable statutes and regulations (e.g., meet‑and‑confer obligations, negotiability, unfair labor practice defenses), and coordination with Agency Counsel (e.g. Judicial Council of California or internal Counsel).

8.1.5.3. Proposal Costing

Method for modeling compensation proposals (salary schedules, differentials, benefits), fiscal impact analyses, and presentation of trade‑offs to leadership.

8.1.5.4. Stakeholder Engagement & Governance

Plan for briefings to executive leadership and the governing body; protocols for communications, confidentiality, and documentation of bargaining history.

8.1.5.5. Risk Management

Identification of negotiation risks (e.g., impasse, arbitration exposure, public communications), with mitigation strategies and decision frameworks.

8.1.5.6. Grievance/Contract Administration Support

Processes for grievance tracking, contract interpretation, training for managers, and labor‑management negotiations committee facilitation.

8.1.5.7. Team, Resources & Tools

Key personnel roles with resumes included and track record of negotiations (lead negotiator, costing analyst, subject‑matter experts), toolsets (proposal trackers, costing models, dashboards), and back‑up coverage.

8.1.6. Attachments 3-Exhibit D.

Bidder must include the following properly completed attachments or exhibits, with the original “wet” or digital signature of person duly authorized to legally bind the bidder. Digital signatures must be verifiable and legally sufficient (e.g DocuSign, Adobe Sign, etc):

8.1.6.1. Acceptance of Terms and Conditions

8.1.6.2. General Certifications Form

8.1.6.3. Good Standing Form

8.1.6.4. Darfur Contracting Act Certification

8.1.6.5. Bidder Declaration. Bidder must complete this form and submit the completed form with its bid only if it wishes to claim the DVBE incentive associated with this solicitation.

8.1.6.6. DVBE Declaration. Bidder must complete this form and submit the completed form with its bid only if it wishes to claim the DVBE incentive associated with this solicitation.

8.1.6.7. Unruh Civil Rights Act and California Fair Employment and Housing Act Certification. Bidder must complete this form and submit the completed form with its proposal only if its cost proposal exceeds $100,000.00.

8.1.7. Copies of the Bidder’s (and any subcontractors’) current business licenses, professional certifications, or other credentials.

8.2. Cost Portion. The following information must be included in the cost portion of the proposal:

8.2.1. Bidder must include the properly completed Exhibit C: Cost Worksheet.

8.2.2. Bidder must submit Exhibit C – Cost Worksheet, properly completed, including “Not to Exceed” flat monthly fees or blended hourly rates for all work and expenses payable under the contract, if awarded, including the initial term and all available options. Bidder may submit the same or different fees or rates for each of the three possible years. Actual pre-approved travel expenses will be reimbursed according to the terms of the contract.

9.0 OFFER PERIOD

A Bidder’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, the Court reserves the right to negotiate extensions to this period.

10.0 EVALUATION OF PROPOSALS

10.1. The Court will evaluate proposals as described in the Administrative Rules (Attachment 1) on a 100 point scale using the criteria set forth in the table below:

CRITERION

MAXIMUM NUMBER OF POINTS

10.2. Award, if made, will be to the highest scored proposal. If a contract will be awarded, the Court will post a Notice of Intent to Award at https://sanbernardino.courts.ca.gov/general-information/request-proposal.

11.0 INTERVIEWS

The Court may conduct interviews with Bidders to clarify aspects set forth in their proposals or to assist in finalizing the ranking of top-ranked proposals. The interview process may require a demonstration. The interview may also require a demonstration of equivalence if a brand name is included in the specifications. The interviews may be conducted in person or by phone. If conducted in person, interviews will likely be held at the Court’s offices. The Court will not reimburse Bidders for any costs incurred in traveling to or from the interview location. The Court will notify eligible Bidders regarding interview arrangements.

12.0 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, The Court will not disclose (i) social security numbers, or (ii) balance sheets or income statements submitted by a Bidder 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 ©,” or otherwise, and regardless of any statement in the proposal (a) purporting to limit the Court’s right to disclose information in the proposal, or (b) requiring the Court to inform or obtain the consent of the Bidder 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 Bidder to the potential public disclosure of its proposal content, as set forth in this Section 12. Bidders are accordingly cautioned not to include confidential, proprietary, or privileged information in proposals.

13.0 DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION GOALS

Qualification for the DVBE incentive is not mandatory. Failure to qualify for the DVBE incentive will not render a proposal non-responsive.

Eligibility for and application of the DVBE incentive is governed by the Court’s DVBE Rules and Procedures. Bidder will receive a DVBE incentive if, in the Court’s sole determination, Bidder has met all applicable requirements. If Bidder receives the DVBE incentive, the dollar amount of its bid will be reduced (for evaluation purposes only) by an amount equal to 3% of the lowest responsible bid, not to exceed $100,000.00.

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, Bidder may have an approved Business Utilization Plan (“BUP”) on file with the California Department of General Services (“DGS”).

If Bidder wishes to seek the DVBE incentive:

1. Bidder must complete and submit with its bid Attachment 7A - Bidder Declaration). Bidder must submit with the Bidder Declaration all materials required in the Bidder Declaration.

2. Bidder must submit with its bid Attachment 7B - 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 Bidder 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 Bidder not receiving the DVBE incentive.

If this solicitation is for IT goods and services, the application of the DVBE incentive (including the maximum value of the DVBE incentive) may be affected by application of the small business preference. For additional information, see the Court’s Small Business Preference Procedures for the Procurement of Information Technology Goods and Services.

If Bidder receives the DVBE incentive: (i) Bidder will be required to complete a post-contract DVBE certification if DVBE subcontractors are used; (ii) Bidder must use any DVBE subcontractor(s) identified in its bid unless the Court approves in writing the substitution of another DVBE; and (iii) failure to meet the DVBE commitment set forth in its bid will constitute a breach of contract.

If using DVBE subcontractors, the Bidder must complete and return to the Court a copy of the post-contract certification form (https://www.courts.ca.gov/documents/JBCM-Post-Contract-Certification-Form.docx), promptly upon completion of the awarded contract, and by no later than the date of submission of Bidder’s final invoice to the Court. If the Bidder fails to do so, the Court will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000 until the Bidder submits a complete and accurate post-contract certification form.

When a Bidder fails to comply with the post-contract certification requirement in this section and a payment withhold is applied to a contract, the Court shall allow the Bidder to cure the deficiency after written notice. Notwithstanding the foregoing and 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 Bidder refuses to comply with the certification requirements, the Court shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000.

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 MVC 999.9.

14.0 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 of a Bidder 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 two (2) days after Questions and Answers are posted. Protests should be sent to:

Superior Court of California, County of San Bernardino Attn: Susan Jones, Assistant General Counsel 247 West Third Street, 3rd Floor San Bernardino, CA 92415-0214

Throughout the review process, the Court has no obligation to delay or otherwise postpone an award of contract based on a Bidder protest. In all cases, the Court reserves the right to make an award when it is determined to be in the best interest of the Court to do so.

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