REQUEST FOR PROPOSAL. Consulting Services for Strategic Planning, Change Management, Performance Management, and Leadership Development

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1 REQUEST FOR PROPOSAL Consulting Services for Strategic Planning, Change Management, Performance Management, and Leadership Development Notice to Prospective Proposers You are invited to review and respond to this Request for Proposal (RFP), entitled Consulting Services # RESPONSES DUE APRIL 28, 2014 BY 4:00 P.M. The point of contact for the administration of this RFP is Terry Quadros Please note that no verbal information given will be binding upon the Court unless such information is issued in writing as an official addendum.

2 Table of Contents Pages Introduction Summary of the Intended Procurement 1 Issuing Body 1 Background 1 Procurement and Evaluation Process 1 Procurement Schedule and General Instructions 1 Contact List 1 Minimum Qualifications 2 Proposal Preparation Costs 2 Disposition of Material and Confidential or Proprietary Information 2 Pre-Proposal Process 3 Request for Clarifications or Modifications 3 Ambiguity, Discrepancies, or Omissions 3 Contact with Court 3 RFP Addenda 3 Submission of Proposals 4 Proposal Delivery 4 Amendment or Withdrawal of Proposals 4 Mistake in Proposal 4 Error in Submitted Proposals 5 Authorized Signatures, Validity Period of Proposals 5 Knowledge of Requirements 5 Independence of Proposal and Joint Proposals 5 Covenant Against Gratuities 5 Disable Veteran Business Enterprise Preference 6 Overview of Evaluation Process 6 Evaluation Committee 6 Reservation of Rights 6 No Commitment to Award 7 Evaluation of Cost Sheets 7 Requests for Additional Information 8 No Obligation to Execute a Sole Contract 8 Evaluation Components 8 Interviews and Negotiations 8 Interviews 8 Negotiations 8 Payment 9 News Releases 9 Award of Contract 9 Project Management 9 Protest Procedures 9 Form of Protest 10 Prior to Submission of Proposal 10 After Award 10 Appeals Process 10 Form of Protest

3 Table of Contents Pages Proposal Format and Content 11 Executive Summary 11 Executive summary content 11 Vendor Information, Validity, and Authorized Signature 11 Company and Subcontractor Information 11 Company Background Information 11 Subcontractors 12 Experience and Qualifications 12 Prior Experience and References 12 Subcontractors 13 Methodology 13 Methodology/Technology 13 Acceptance of Terms 13 Scope of Work 14 General Description-Scope of Work 14 Required Attachment Check List 15 Proposal/Proposer Certification Sheet with Attachment 16 Cost Sheet (in sealed envelope affixed to Technical Proposal) 18 Proposer References 19 Darfur Contracting Act Certification 20 Scope of Work 21 General Provisions 23

4 1. INTRODUCTION SUMMARY OF THE INTENDED PROCUREMENT 1.1 Issuing Body The Superior Court of California, County of San Francisco is issuing this Request for Proposal ( RFP ) seeking qualified Vendors who have California Judicial Branch consulting experience to provide as needed services to assist in planning and implementing organizational change, establishment of a performance management system, strategic planning, and leadership development. 1.2 Background The Superior Court of California, County of San Francisco (Court) is the 9th largest court by number of bench officers and ranks 10th in the number of total filings by a California Court. The Court has approximately 52 judicial officers and 450 employees who provide services to county residents and businesses. Operational and administrative services are provided at four Court facilities. 2. PROCUREMENT AND EVALUATION PROCESS 2.1 Procurement Schedule and General Instructions The Court has developed the following list of key events from RFP issuance through notice of award. All deadlines are subject to change at the Court s discretion. No. EVENTS Key Dates 1 Issue RFP April 10, Deadline for Vendor Questions April 18, 2014 by 4:00 P.M. send to tquadros@sftc.org 4 Posting of Responses to Vendor Questions April 23, 2014 Posted at 5 Proposal Due Date and Time April 28, 2014 by 4:00 P.M. 6 Evaluation of Bid Packets April 29-May 2, Post Proposer s Scores May 5, 2014 Posted at 8 Notice of Intent to Award May 5, 2014 Posted on 9 Proposed Award Date May 19, Contract period begins May, Contact List Questions concerning this Request for Proposal must be directed in writing to the Submittal Contact: Terry Quadros Administrative Analyst II 400 McAllister Street, Room 205 San Francisco, CA tquadros@sftc.org 1 P age

5 2.1.2 Minimum Qualifications To be considered for full evaluation and possible award, Vendors must first meet the threshold minimum qualification requirements listed in the table below. Subject to the Court s discretion to waive minor deviations or defects, only those proposals that meet all of the foregoing minimum qualifications shall be considered for a full evaluation and a possible contract award. Vendors who fail to meet any of the listed minimum qualifications will be notified in writing. No. Minimum Qualifications 1 Vendor shall be regularly and continuously engaged in the business of organizational development, learning, behavior, strategic planning, systems thinking and/or related fields for at least five (5) years at the time they submit their bid. 2 Vendor shall have content expertise in executive coaching, leadership development/training, strategic planning, and related processes. 3 Vendor shall have content expertise in judicial branch services and administration and specific experience in working with public agencies and related funding/revenue streams. 4 Vendors shall not be currently under suspension or debarment by any state or federal government agency and shall not be tax delinquent with the State of California or Federal Government (reference Attachment B, Proposal/Proposer Certification Form). 5 Upon award of the contract, the Vendor must be able to meet insurance requirements, and provide a certificate to meet the requirements of such coverage, as set forth in Exhibit B General Provisions, of the attached contract exhibits. 6 Vendor must have any/all required licenses and permits to operate in the State of California, County of San Francisco. A copy of current business license(s), professional certifications, or other credentials; proof that the Proposer, if a corporation, is in good standing and qualified to conduct business in California must be included with your Proposal and attached to Attachment B, Proposer/Proposal Certification Form Proposal Preparation Costs Vendors submitting proposals do so entirely at their expense. There is no express or implied obligation by the Court to reimburse a Vendor for any costs incurred in preparing or submitting proposals, providing additional information when requested by the Court, participating in any selection interviews, site visits, or participating in this procurement Disposition of Material and Confidential or Proprietary Information All materials submitted in response to this RFP will become the property of the Court and will be returned only at the Court s option and at the expense of the Vendor submitting the Proposal. One copy of each proposal will be retained by the Court for official files and will become a public record. Release of bidding proposal packets submitted in response to this RFP will not be released by the Court during the proposal evaluation process or prior to a contract award. Once contract(s) are fully executed, the Court may release information following the established guidelines of California Rule of Court California judicial branch entities are subject to rule of the California Rule of Court, which governs public access to judicial administrative records (see If information submitted in a proposal contains material noted or marked as confidential and/or proprietary that, in the Court s sole opinion, meets the disclosure exemption requirements of Rule , then that information will not be disclosed upon a request for access to such records. If the Court finds or reasonably believes that the material so marked is not exempt from disclosure, the Court will disclose the information regardless of 2 P age

6 the marking or notation seeking confidential treatment. The Profit and Loss document for a private company may be kept confidential if a statement identifying the company is privately owned and requesting confidentiality is on the document. Absence of this statement will render the document public. 2.2 Pre-Proposal Process Request for Clarifications or Modifications Vendors interested in responding to this RFP may submit questions on procedural matters related to the RFP or requests for clarification or modification of this RFP, including questions regarding the General Provisions to Terry Quadros at tquadros@sftc.org by the date and time stated in Section 2.1 (Key Dates). If the Vendor is requesting a change, the request must set forth the recommended change and the Vendor s reasons for proposing the change. All questions and requests must be submitted in writing no later than the date specified in Section 2.1(Key dates), Procurement Schedule. Questions or requests submitted after the due date will not be answered. Without disclosing the source of the question or request, the Court will post a copy of the question(s) with the Court s response(s) on the Court s website; If a Vendor s question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors, the Vendor may submit the question in writing, conspicuously marking it as "CONFIDENTIAL." With the question, the Vendor must submit a statement explaining why the question is confidential. If the Court concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If the Court does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the Vendor will be notified Ambiguity, Discrepancies, or Omissions If a Vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Vendor shall immediately provide the Submittal Contact listed in Section written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, the Court may modify the RFP prior to the date fixed for submission of proposals by providing an addendum to potential Vendors and by posting the addendum to the Court s website If, prior to the date fixed for submission of proposals, a Vendor submitting a proposal knows of or should have known of an error in the RFP, but fails to notify the Court of the error, the Vendor shall propose at its own risk, and if the Vendor is awarded the contract, the Vendor shall not be entitled to additional compensation or time by reason of the error or its later correction Contact with Court Vendors are specifically directed NOT to contact any Court personnel or consultants for meetings, conferences, or discussions that are specifically related to this RFP at any time prior to any award of a contract. Unauthorized contact with any Court personnel or consultants may be cause for rejection of the Vendor s proposal. 3 P age

7 2.2.4 RFP Addenda The Court may modify this RFP prior to the date fixed for submission of proposals by posting an addendum on the Court s website It is the responsibility of all Vendors to review the Court s website for potential RFP updates. If any Vendor determines that an addendum unnecessarily restricts its ability to propose, it must notify the Submittal Contact listed in Section no later than three (3) business days following the date the addendum is provided. Pricing shall reflect all addenda issued by the Court. The Court will interpret the proposal to include all addenda issued in any resulting contract. 2.3 Submission of Proposals Proposal Delivery Before submitting a response to this solicitation, the Vendor shall review, correct all errors and confirm compliance with the RFP requirements. All figures entered on the cost sheets must be clearly legible and must be printed in ink or type written. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal. All proposals must be submitted under sealed cover and sent to the Superior Court of California, County of San Francisco, 400 McAllister Street, Room 205, San Francisco, CA by dates and times shown in Section 2.1 Key Dates. Proposals received after this date and time will not be considered. The Court will not accept faxed proposals. A minimum of one (1) original and (3) three copies of the proposal must be submitted. The original proposal must be marked "ORIGINAL". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package. The proposal envelopes must be plainly marked with the RFP title, your firm name and address, and must be marked with "DO NOT OPEN. The cost information must be submitted in a separate sealed envelope. The envelope shall be affixed to the outside of the proposal package and marked Sealed Cost Proposal-DO NOT OPEN Amendment or Withdrawal of Proposals A Vendor may amend its proposal prior to the Proposal Closing Time. All amendments must be in writing, follow the format outlined in Section 3 and be received by the Court prior to the Proposal Closing Time. A Vendor may withdraw its proposal at any time prior to the Proposal Closing Time by notifying the Submittal Contact listed in Section in writing of its withdrawal. Amendments or withdrawals offered in any other manner than described above will not be considered. Proposals cannot be amended or withdrawn after the Proposal Closing Time Mistake in Proposal If prior to a contract award, a Vendor discovers a mistake in their proposal that renders the Vendor unwilling to perform under any resulting contract, the Vendor must immediately notify the Submittal Contact listed in Section in writing and request to withdraw the proposal. 4 P age

8 2.3.4 Error in Submitted Proposals If an error is discovered in a Vendor s proposal, the Court may at its sole discretion retain the proposal and allow the Vendor to submit certain arithmetic corrections. The Court may, at its sole discretion, allow the Vendor to correct obvious clerical errors. In determining if a correction will be allowed, the Court will consider the conformance of the proposal to the format and content required by the solicitation, the significance and magnitude of the correction, and any unusual complexity of the format and content required by the solicitation. If the Vendor s intent is clearly established based on review of the complete proposal submitted, the Court may, at it sole option, allow the Vendor to correct an error based on that established intent. The total price of unit-price items or individual line items will be the product of the unit or line item price and the quantity. If the unit or line item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, the unit or line item price shall be the amount obtained by dividing the extension price by the item quantity Authorized Signatures, Validity Period of Proposals An individual who is authorized to bind the proposing firm contractually shall sign Attachment B, Proposal/Proposer Certification Form. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected. Proposals will be valid for ninety (90) days after the Proposal Due Date specified in Section 2.1(Key dates). In the event a final contract has not been awarded by the date specified in Section 2.1, the Court reserves the right to negotiate extensions to the Proposal Validity Date Knowledge of Requirements The Vendor shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the proposal. Failure to examine any document, drawing, specification, or instruction will be at the Vendor s sole risk. Where applicable, the Vendor should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work and specifications. Vendors shall be responsible for knowledge of all items and conditions contained in their proposals and in this RFP, including any Court issued clarifications, modifications, amendments, or addenda. The Court will provide notice or post addenda and clarifications to the Court s website however, it is the Vendor s responsibility to ascertain that the proposal includes all addenda issued prior to the Proposal Due Date Independence of Proposal and Joint Proposal Unless a Vendor is submitting a joint proposal, the Vendor represents and warrants that by submitting its proposal it did not conspire with any other Vendor to set prices in violation of anti-trust laws. A proposal submitted by two or more Vendors participating jointly in one proposal may be submitted, but one Vendor must be identified as the primary contractor and the other as the subcontractor. The Court assumes no responsibility or obligation for the division of orders or purchases among Vendors and their Subcontractors Covenant Against Gratuities Vendor warrants by signing its proposal that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by the Vendor or any agent, director, or representative of the Vendor to any officer, official, agent, or employee of the Court, with a view toward securing an award or securing favorable treatment with respect to any determinations concerning the performance of any resulting contract. For breach or violation of this warranty, the Court will have the right to terminate any resulting 5 P age

9 contract in whole or in part. The right and remedies of the Court provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under the resulting contract Disable Veteran Business Enterprise Preference The Court has waived the inclusion of DVBE participation in this solicitation. As such, DVBE incentives will not be awarded or considered in this solicitation. 2.4 Overview of Evaluation Process Evaluation Committee The Court will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received from Vendors will be reviewed and evaluated by a committee of qualified personnel ( Evaluation Committee ). The name, units, or experience of the individual members will not be made available to any Vendor or the Public. All proposals submitted, except for the cost proposals, will be screened to determine if the proposal meets the Minimum Qualifications as set forth in Section Vendors satisfying the minimum qualifications will then be evaluated in accordance with the Evaluation Components set forth in Section 2.5. The Evaluation Committee will first review and complete the evaluation of the technical proposals, without the cost proposal. Thereafter, the cost proposals will be opened, reviewed, and evaluated to determine an overall evaluation score Reservation of Rights The Court, in its complete discretion, may eliminate proposals that have not met the Minimum Qualifications of Section or have not scored adequately in relation to other proposals to warrant further consideration during any phase of the evaluation process. The Court reserves the right to reject any or all proposals, in whole or in part, and may or may not waive any immaterial deviation or defect in a proposal. The Court s waiver of an immaterial deviation or defect shall in no way modify the RFP document or excuse a Vendor from full compliance with RFP document specifications. If a proposal fails to meet a material RFP document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements of the RFP document. Material deviations cannot be waived. Unless otherwise specified in the RFP, the Court may accept any item or combination of items as specified in the RFP, of any proposal unless the Vendor expressly restricts an item or combination of items in its proposal and conditions its response on receiving all items for which it provided a proposal. In the event that the Vendor so restricts its proposal, the Court may consider the Vendor s restriction and evaluate whether the award on such basis will result in the best value to the Court or may determine in its sole discretion that such restriction is non-responsive and renders the Vendor ineligible for further evaluation. The Court reserves the right to negotiate with Vendors who have presented, in the opinion of the Evaluation Committee, the best proposal in an attempt to reach a contract. If no contract is reached, the Court can negotiate with other Vendors or make no award under this RFP. At any time the Evaluation Committee can reject all proposals and make no award under this RFP. Moreover, the Court reserves the right to reconsider any proposal submitted at any phase of the procurement. The Court also reserves the right to meet with Vendors to gather additional information. Proposals that contain false or misleading statements may be rejected if in the Court s opinion the information was intended to mislead the Court 6 P age

10 regarding a requirement of the RFP document. The Court may investigate the qualifications of any Vendor under consideration, require confirmation of information furnished by a Vendor, and require additional evidence of qualifications to perform the Scope of Work described in this RFP. The Court reserves the right to: A. Reject any or all of the proposals; B. Issue subsequent RFP; C. Cancel the entire RFP; D. Remedy errors in the RFP; E. Reduce the Scope of Work for a reasonable amount if in the best interest and at the sole discretion of Court; F. Appoint Evaluation Committees to review proposals; G. Seek the assistance of outside technical experts to review proposals; H. Approve or disapprove the use of particular Subcontractors and suppliers; I. Establish a list of Potential Vendors eligible for discussions after review of written proposals; J. Negotiate with any, all, or none of the Vendors; K. Solicit best and final offers (BAFO) from all or some of the Vendors; L. Award a contract to one or more Vendors; M. Accept other than the lowest priced proposal, if such award is in the best interest of Court; N. Waive informalities and irregularities in proposals; O. Award a Contract without discussions or negotiations; P. Disqualify a proposal upon evidence of collusion with intent to defraud, or other illegal practice(s) on the part of a Vendor; and/or, Q. Take any/all other actions related to this RFP and this RFP process that may be deemed necessary by Court to meet the needs of the Court and the community which it serves No Commitment to Award Issuance of the RFP and receipt of proposals does not commit the Court to award a contract. The Court expressly reserves the right to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Contractor concurrently, or to cancel all or part of this RFP Evaluation of Cost Sheets Cost sheets will be reviewed only if a proposal is determined to be otherwise qualified. All figures entered on the cost sheets must be clearly legible and must be printed in ink or type written. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in blue ink by the person signing the proposal. Where more than one line item is specified in the solicitation, the Court reserves the right to determine the highest evaluated Proposer, either on the basis of individual items, combination of items as specified in the RFP, or on the basis of all items included in the RFP, unless otherwise expressly provided. Unit or line item prices Unit or line item prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $ each would exceed this limitation. Unit prices that exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes. Using the example just cited, the 6 at the end of the unit price would be dropped off leaving a unit price of $ each Requests for Additional Information The Court reserves the right to seek clarification or additional information from any Vendor throughout the solicitation process. The Court may require a Vendor s representative to answer questions during the 7 P age

11 evaluation process with regard to the proposal. Failure of a Vendor to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive No Obligation to Execute a Sole Contract The Court has the right to award zero, one, two, or more contracts through this RFP. No guarantee or promise is made by Court of any sole or exclusive contracting relationship with any of the Vendors. 2.5 Evaluation Components Proposals will be evaluated to determine the proposal or proposals that offer the best value to the Court and the community which the Court serves. The proposals that meet the minimum qualifications will be evaluated and scored according to the criteria indicated below. There are 100 possible points. Vendors must score at least seventy-five (75) points to be considered responsive to this RFP. A responsive proposal is one, which meets or exceeds the requirements stated in this RFP. A. Price 60% B. Methodology/Technical Approach 25% C. References 15% The evaluation will be based upon such factors as: Cost/Pricing; Quality of Methodology/Technical Approach; does the methodology depict a logical approach to fulfilling the requirements of the RFP; Understanding of the project as outlined in the RFP; Experience in providing high quality services of similar type or work in this RFP; and Financial viability and stability. Although some factors may be weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for an award. With regard to cost, the Court reserves the right, in its sole discretion, to reject any proposal whose price is outside the competitive range. 2.6 Interviews and Negotiations Interviews Following the initial screening of proposals, the Court reserves the right to require and each Vendor must be prepared to conduct oral presentations and other discussions (written or verbal) on the content of its proposal. If the Court determines that interviews or presentations are required, selected Vendors will be notified in writing of the date, place, time and format of the interview or presentation. Vendors will be responsible for all costs related to the interview, which, at the Court s sole discretion, may be in-person and/or by teleconference. Failure to participate in such interviews or presentations shall result in a Vendor s disqualification from further consideration Negotiations If the Court desires to enter into negotiations, they may do so with one or more Vendors. If the Court enters into negotiations and no contract is reached, the Court can negotiate with other Vendors or make no award under this RFP. The Court reserves the right to award a contract, if any, without negotiations Payment The court does not make any advance payment for goods or services. Payment is made based upon completion of tasks as provided in the contract between the Court and any selected Vendor(s). 8 P age

12 2.6.4 News Releases News releases pertaining to the award of any contract resulting from this RFP may not be made by a Vendor without the prior written approval of the Superior Court of California, County of San Francisco. 2.7 Award of Contract The Evaluation Committee will make a final recommendation for the award of a Contract. Upon award, the successful Vendor(s) will be required to execute a Contract in accordance with the Scope of Work and provide a certificate of insurance in conformance with the requirements set forth in the General Provisions within fifteen (15) business days of award. Contracts are not effective until signed by both parties. Service shall start on the express date set by the awarding agency and the Vendor, after all approvals have been obtained and the Contract is fully executed. Should the Vendor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Vendor, reserves the right to terminate the Contract. In addition, the Vendor shall be liable to the Court for the difference between the Vendor s proposal price and the actual cost of performing work by another Vendor. All performance under the Contract shall be completed on or before the termination date of the Contract Project Management Upon execution of a Contract(s), the Court and Contractor will assemble a Project Management Team, which shall include the Vendor and Court Project Managers. The Vendor shall staff an upper-level relationship manager for this project, providing strategic support, a senior interface with Court Management, and a point of escalation for any and all needs. 2.8 Protest Procedures Failure of Vendor to comply with the protest procedures set forth in this Sections 2.8.1, 2.8.2, 2.8.3, and will render a protest inadequate and untimely, and will result in rejection of the protest. In no event shall a protest be considered if all submittals are rejected or after a Contract has been executed Form of Protest A Vendor who is qualified to protest shall submit the written protest to the Submittal Contact who will forward the matter to the Chief Financial Officer. a) The protest must be in writing and sent by certified or registered mail or delivered personally to the address noted in Section If the protest is hand-delivered, a receipt must be requested. b) The protest shall include the name, address, telephone and facsimile numbers of the party protesting or their representative. c) The title of the RFP under which the protest is submitted shall be included. d) A detailed description of the specific legal and factual grounds of protest and any supporting documentation shall be included. e) The specific ruling or relief requested must be stated. The Court, at its discretion, may make a decision regarding the protest without requesting further information or documents from the protestor. Therefore, the initial protest submittal must include all grounds for the protest and all evidence available at the time the protest is submitted. If the protestor later raises new grounds or evidence that was not included in the initial protest but which could have been raised at that time, the Court will not consider such new grounds or new evidence. 9 P age

13 2.8.2 Prior to Submission of Proposal A Vendor with a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or other improprieties in the RFP process that are apparent, or should have been reasonably discovered prior to the submission of a proposal. Such protest must be received prior to the Proposal Closing Time (Section 2.1; Key Dates). The Vendor must have exhausted all administrative remedies specified in Section Request for Clarification or Modifications; Section Ambiguity, Discrepancies, Omissions; Section RFP Addenda; and this Section as applicable, prior to submitting the protest. Failure to do so may be grounds for denying the protest After Award A Vendor submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it meets all of the following conditions: a) The Vendor has submitted a proposal that it believes to be responsive to the solicitation document; b) The Vendor believes that its proposal meets the administrative and technical requirements of the solicitation, proposes items and/or services of proven quality and performance, and offers a competitive cost; and c) The Vendor believes and has reasonable justification that the Court has incorrectly selected another Vendor submitting a proposal for an award. Such protests must be received by the Court no later than five (5) business days after the Notice of Award is posted to the Court s website Appeals Process The decision of Chief Financial Officer (CFO) will be considered the final action by the Court unless the protesting Vendor thereafter seeks an appeal of the CFO s decision by filing a request for appeal with T. Michael Yuen, CEO, within two (2) calendar days of the issuance of the CFO s decision. The justification for appeal is limited to: facts and/or information related to the protest, as previously submitted, that was not available at the time the protest was originally submitted; or the decision of the CFO was in error of law or regulation. The request for appeal will include (1) the name, address, telephone and facsimile numbers of the proposer filing the appeal or their representative, (2) a copy of the Court s decision; and (3) the legal and factual basis for the appeal and the ruling or relief requested. Issues that could have been raised earlier will not be considered on appeal. Upon receipt of a request for appeal, the CEO or his designee will review the request and the decision which will be issued no later than ten (10) days following the receipt of the appeal. The CEO response will constitute the final action. 3. PROPOSAL FORMAT AND CONTENT Responsive proposals shall provide straightforward, concise information that satisfies the requirements of this solicitation. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis shall be placed on conformity to the Court s instructions, requirements of this RFP, and the completeness and clarity of content. Proposals must include the following: A. Table of Contents B. Executive Summary C. Validity and Authorized Signature D. Company Background and Subcontractor Information 10 P age

14 E. Experience and Qualifications F. Methodology/Technical Approach G. Cost Proposal (in separate sealed envelope) H. Additional Required Forms i. Check List ii. References iii. Proposal/Proposer Certification Form iv. Darfur Contracting Certification Proposals will be double-sided and in Times New Roman 12 font. 3.1 Executive Summary Executive Summary Content (Maximum 2 pages) The Vendor must provide an Executive Summary of its proposal. The Executive Summary shall be a high-level, general overview of how the vendor proposes to accomplish the requirements of this RFP. The Executive Summary shall demonstrate the Vendor understands the RFP requirements. The Vendor shall also address in this section how it meets the Minimum Qualification requirements in Section Vendor Information, Validity, and Authorized Signature The Executive Summary shall include the vendor information, validity period, and authorized signature, as required in Section Company and Subcontractor Information Company Background Information (Maximum 3 pages) The Court requires the Vendor to be a reputable company of strong financial standing with five (5) years prior experience providing consulting services in the area of planning and implementing organizational change, strategic planning, and leadership development. The Vendor s proposal must provide the information requested below. If the Vendor is a joint venture, information about the prime Contractor and the Subcontractor must be submitted separately. The information to be provided is as follows: a. Complete name and address. b. Federal tax identification number. c. If incorporated, state in which incorporated. d. A short narrative description of the Vendor s organization, including organizational charts and indication of company officers where applicable. e. Principal type of business. f. Total number of years in business. g. Number of years providing products and services similar in size and scope to those requested in this RFP. h. Significant transactional events in the past five (5) years such as: bankruptcies, mergers, acquisitions, initial public offerings (IPO's). i. Annual contract value of the Vendor s three (3) largest contracts for similar products and services in the past three (3) years. j. Percent of turnover of service staff for each of the last three (3) years in the Vendor s organization that will be responsible for providing products and services described in this RFP (e.g. Account Manager, Customer Service personnel, etc.). k. If Subcontractors are proposed for this RFP, describe the Vendor s contract management process for Subcontractors included in the Vendor s proposal and provide copies of signed formal contracts. 11 P age

15 3.2.2 Subcontractors If Subcontractors are proposed for this RFP, provide the following information for each Subcontractor: a. Subcontractor name and address. b. Federal identification and/or social security number. c. If incorporated, state in which incorporated. d. A short narrative of the subcontractor s organization, including organization charts and indication of company officers where applicable. e. Principal type of business. f. Total number of years in business. g. Number of years providing services similar in size and scope to those requested in this RFP. h. Significant transactional events in the past five (5) years such as: bankruptcies, mergers, acquisitions, initial public offerings (IPO's). i. Percent of turnover of service staff for each of the last three (3) years in the Subcontractor s organization that will be responsible for providing services described in this RFP (e.g. Account Manager, Customer Service personnel, etc.). 3.3 Experience and Qualifications Prior Experience and References (Maximum 5 pages) The Court requires the Vendor and its Subcontractors to have prior California Judicial Branch consulting experience in all aspects of the services described in this RFP for customers similar to or with relevance in the size, complexity and scope of this RFP. The Vendor shall: a. Describe your organizational structure. b. Describe the background, mission, goals, and services of your organization. Include specific references to your history and experience that relate to the Scope of Work in this RFP and demonstrate capacity for delivering organizational development consultancy, specifically among public agencies and the judicial branch. c. Describe your organization s experience as it pertains to providing services similar in size, complexity and scope to those required under this RFP and in the manner required pursuant to this RFP. Describe the number of years providing services similar in size and scope to those requested in this RFP. d. Provide a copy of current business license(s), professional certifications, or other credentials; proof that the Vendor, if a corporation, is in good standing and qualified to conduct business in California. Attach business license or proof of good standing to Attachment B Proposal/Proposer Certifications. e. Describe the principal type of business and total number of years in business. f. Provide the names, addresses, and telephone numbers for a minimum of three (3) customers for whom the Vendor has provided similar products and services within the last 18 months (Attachment D). The Vendor shall include a brief description of the scope of services provided to the customer and the duration of the contract. The Court may contact some or all of the references provided in order to determine the Vendor s performance record. The Court reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process. g. Provide an audited profit and loss statement and balance sheet for your company for the last three (3) years. If your company is privately owned, this information will be kept confidential by the Court. Please state on the document if your company is privately owned and you want this information to be kept confidential. 12 P age

16 3.3.2 Subcontractors If Subcontractors are proposed for this RFP, describe the Vendor s contract management process for Subcontractors included in the proposal and provide copies of signed formal contracts (e.g., teaming contracts or any other legally binding document), if any exist, between the contractor and each proposed Subcontractor. Provide a short narrative of the Subcontractor s organization including organization charts and indication of company officers where applicable; principal type of business and total number of years in business; percent of turnover in the Subcontractor s organization for each of the last five (5) years of service staff who will be responsible for providing products and services described in this RFP (e.g., Account Manager, Customer Service personnel, etc.); and number of years providing services similar in size and scope to those requested in this RFP. The Court reserves the right to approve or disapprove the use of particular Subcontractors and suppliers. 3.4 Methodology Methodology/Technical Approach (Maximum 10 pages) The Vendor shall provide a specific, detailed Work Plan that describes how the Vendor intends to provide the requested services which are set forth in Exhibit A Scope of Work. Explain in full detail, do not summarize your services in this section; rather, explain exactly how you can meet the Court s needs. The Vendor should demonstrate a clear understanding of the tasks in the Scope of Work. The Vendor shall include: a. Describe your organization s general project management approach in addressing planning, development, coordination and delivery of services related to organizational development, change management, and leadership development. b. Describe the key individuals and their roles on your team who will perform the services as outlined in the Scope of Work. Provide resumes for key team members; explain their relevant experience and expertise; describe each member s general roles and responsibilities to achieve the Scope of Work in this RFP and each member s time on the project. Indicate who will be the primary liaison between your organization and the Court. (Note: resumes do not count towards the maximum page count requirement). c. Describe your recommended timeline, including milestones, deliverables, and activities. d. Describe in detail how you will provide the Scope of Work. e. Describe your flexibility with changes requested by the Court. f. Describe your communication process with the Court (phone, , fax, in person meetings, conference calls, etc.). 13 P age

17 3.4.3 Acceptance of Terms The Vendor s proposal must include a statement as to whether the Vendor accepts the General Provisions Exhibit B or whether the Vendor takes any exception to those terms. The Vendor will be deemed to have accepted such terms and conditions, except as expressly called out in the Vendor s proposal. If exceptions are taken, the Vendor must submit a redlined version of the term or condition showing all modifications proposed by the Vendor. The Vendor must provide an explanation as to why the modification is required. The Vendor s willingness to accept the General Provisions, with minor clarifications, shall be an affirmative factor in the evaluation of the Vendor s proposal. Although the Court will consider alternate language proposed by a Vendor, the Court will not be bound by contract language received as part of a prospective Vendor s response. If the Vendor requires that the Court be bound by some or all of the Vendor s proposed contract language, the proposal may be considered non-responsive and may be rejected. 4. SCOPE OF WORK 4.1 General Description Scope of Work Vendor(s) will provide as needed services to assist in planning and implementing organizational change, strategic planning, and leadership development; see Exhibit A Scope of Work for details. 5. ATTACHMENTS A. Required Attachment Check List B. Proposal/Proposer Certification Form C. Cost Sheet (in sealed envelope affixed to Technical Proposal) D. Proposer References E. Darfur Contracting Act Certification 6. EXHIBITS A. Scope of Work B. General Provisions C. Supplemental Terms and Conditions 14 P age

18 ATTACHMENT A REQUIRED ATTACHMENT CHECK LIST A complete proposal package will consist of one (1) original and three (3) copies of the Technical Proposal AND one (1) Cost Proposal. Complete this checklist to confirm the items in your proposal package. Place a check mark or X next to each item that you are submitting to the Court. For your proposal to be responsive, all required attachments must be returned. This checklist must be returned with your proposal package. Attachment Attachment Name/Description Attachment A Attachment B Attachment C Attachment D Attachment E Required Attachment Check List Proposal/Proposer Certification Sheet with attachments Cost Proposal (In sealed envelope affixed to Technical Proposal) Proposer References Darfur Contracting Act Certification 15 P age

19 ATTACHMENT B PROPOSAL/PROPOSER CERTIFICATION FORM This Vendor Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The proposal must be transmitted in a sealed envelope in accordance with RFP instructions. An Unsigned Proposal/Proposer Certification Sheet Will Be Cause for Rejection A. Our all-inclusive cost proposal is submitted in a sealed envelope marked "Cost Proposal - Do Not Open". B. Place all required attachments behind this certification sheet. C. The signature affixed hereon and dated certifies compliance with all the requirements of this RFP, including the ability and capacity to perform all the work stated in the Scope of Work. The Vendor authorizes the verification by the Court of all statements in this proposal and certification. D. The Vendor has no interest that would constitute a conflict of interest under California Public Contract Code sections , or 10411; Government Code sections 1090 et seq. or et seq.; or rule or rule of the California Rules of Court, which restrict employees and former employees from contracting with judicial branch entities. 1. Company Name 2. Telephone Number 2a. Fax Number ( ) ( ) 3. Address Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. 9. Indicate applicable license and/or certification information: 10. Proposer s Name (Print) 11. Title 12. Signature 13. Date 14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as: a. California Small Business Enterprise Yes No If yes, enter certification number: NOTE: A copy of your Certification is required to be included if either of the above items is checked Yes. Date application was submitted to OSBCR, if an application is pending: 16 P age

20 Completion Instructions for Proposal/Proposer Certification Sheet Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below. Item Numbers Instructions 1, 2, 2a, 3 Must be completed. These items are self-explanatory. 4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business. 5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit. 6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7 Enter your federal employee tax identification number. 8 Enter your corporation number assigned by the California Secretary of State s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. 9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. 10,11 12, 13, Must be completed. These items are self-explanatory. 14 If certified as a California Small Business, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR. 17 P age