REQUEST FOR
PROPOSALS
SUPREME COURT OF CALIFORNIA
REGARDING:
PUBLICATION OF CALIFORNIA OFFICIAL REPORTS
RFP NUMBER: RFP-CAL-2023-01-RP
PROPOSALS DUE:
5/10/2024 NO LATER THAN 4:00 P.M. PACIFIC TIME
RFP Title: Publication of California Official Reports
RFP Number: RFP-CAL-2023-01-RP
1.0 BACKGROUND INFORMATION
1.1 Judicial Branch Entities.
The Supreme Court of California (the “Supreme Court” or “Court”) was established
in 1849, and is authorized by the California Constitution as the court of last resort in
the courts of the State of California (“State”). It is headquartered in San Francisco
and regularly holds sessions in Los Angeles and Sacramento. Its decisions are
binding on all other California state courts.
The Judicial Council of California (“Judicial Council”), chaired by the Chief Justice
of California, is the policy-making entity of the California judicial branch. The
California Constitution directs the Judicial Council to improve the administration of
justice by surveying judicial business, recommending improvements to the courts,
and making recommendations annually to the governor and the legislature. The
Judicial Council also adopts rules for court administration, practice, and procedure,
and performs other functions prescribed by law.
1.2 Description of Business Needs.
a) Under the California Constitution, article VI, section 14, the Legislature shall
provide for the prompt publication of opinions of the Supreme Court, and the
Courts of Appeal as the Supreme Court deems appropriate, and the opinions are to
be made available for publication by any person for public use and reference
(Government Code sections 68902-68905). Government Code section 68902
further states that “the opinions of the Supreme Court, the courts of appeal, and of
the appellate divisions of the superior courts as the Supreme Court may deem
expedient shall be published in the official reports. The reports shall be published
under the general supervision of the Supreme Court.”
b) Government Code section 68903 establishes that the official reports shall be
published pursuant to a contract entered into on behalf of the State of California by
the Chief Justice of California, the Secretary of State, the Attorney General, the
President of the State Bar of California, and the California Reporter of Decisions,
who also serves as secretary. The California Reporter of Decisions also serves as
program manager for the contract. The Court, the Secretary of State, the Attorney
General, and the President of the State Bar of California are collectively referred to
as the “State Entities”.
1.3 Request for Proposals (“RFP”). On behalf of the State Entities, the Judicial
Council seeks proposals (“Proposal”) from a qualified person or entity
(“Publisher(s)” or “Proposer(s)”) to provide prompt publication of case law
opinions into official reports (“Official Reports”) for the State Entities, and the
public as set forth in this RFP:
a) Under Government Code section 68904, the contract to be entered into among
the selected Publisher, and State Entities shall be for a period of not less than
RFP Title: Publication of California Official Reports
RFP Number: RFP-CAL-2023-01-RP
two (2) but no more than seven (7) years on the terms and conditions that are
favorable and advantageous to the state and to the public.
b) The goal of this RFP is to establish a multi-party agreement (“Agreement”)
among the State Entities, and the selected Publisher for an initial term of five (5)
years with one (2) two-year option to extend (“Option Term”) exercisable at the
sole discretion of the Court, for a total term of seven (7) years. The decision to
extend the Agreement will be based, at least in part, on the selected Publisher’s
performance and its completed progress towards achieving the expansion of free
public access to official versions of California’s case law.
c) Questions. Publishers may submit a request for clarifications or questions
regarding this RFP to the Judicial Council using the format provided in
Attachment 10. Requests shall be submitted via e-mail to
Solicitations@jud.ca.gov no later than the date specified in the RFP
Timeline. The Publisher must write in the subject line of the email:
Questions, the RFP number and title.
d) Publishers, their employees and agents may not contact the Judicial Council,
the Court (or any other judicial branch entity), any other State Entity, or court
personnel during the solicitation process regarding this RFP in any other
manner other than set forth in this RFP. Violation of this restriction may
result in disqualifying a Publisher from consideration for an award under this
RFP at the sole discretion of the Judicial Council.
e) Administrative Rules Governing this RFP. The Administrative Rules
governing this RFP can be found in Attachment 1. By virtue of submission
of a Proposal, the Publisher agrees to be bound by said Administrative Rules.
f) The Judicial Council reserves the right to reject any and all Proposals, in
whole or in part, to amend or cancel this RFP, to award an Agreement in
whole or in part and/or negotiate certain terms and conditions with individual
Publishers, and to not award any Agreements based on submitted Proposals.
2.0 DESCRIPTION OF SERVICES AND DELIVERABLES
2.1 The Judicial Council, on behalf of the Court and the other State Entities, is seeking
a qualified Publisher to provide services (and related deliverables) regarding the
prompt publication of case law opinions into Official Reports, according to the
specifications below. As further described below, this RFP also seeks services to
help produce the California Style Manual.
2.1.1 Constitutional Provisions, Statutes, and Rules; Style Manual.
a) California Constitution, article VI, section 14, Government Code sections
68902 through 68905, and California Rules of Court, rules 8.1100 through
8.1125, as all those provisions may from time to time be revised and
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RFP Title: Publication of California Official Reports
RFP Number: RFP-CAL-2023-01-RP
amended, are incorporated by reference in this RFP. The specified
provisions will also be incorporated by reference in the Agreement.
b) The California Style Manual, Fourth Edition, as it may be revised,
supplemented, amended, or replaced by a new edition from time to time, is
incorporated by reference in this RFP. The style manual will also be
incorporated by reference in the Agreement.
2.1.2 Print Criteria.
a) The selected Publisher will publish and sell both print and computer
versions (electronic versions) of the Official Reports for opinions received
during the term of the Agreement.
2.1.3 Place of Performance.
a) In its Proposal, the Publisher must specify the locations at which work will
be performed under the Agreement. If work will be performed in more than
one location, the Publisher must specify the parts of the work to be
performed at each location. Alternate locations for performing, which
would be utilized pursuant to the disaster contingency plan (see Section
2.1.8), must also be specified.
b) The selected Publisher will provide editorial, manufacturing, marketing,
sales, distribution, customer service, and any other operation or procedure
services necessary to perform the obligations specified in this RFP.
2.1.4 Bond.
a) Within five business days from the date the Agreement is signed, the
Publisher must, pursuant to Government Code section 68905, subdivision
(d), furnish a bond, satisfactory to the State, in the penal sum of $10,000 for
the faithful performance of the Agreement. The bond must be filed in the
Office of the Secretary of State of the State of California.
2.1.5 Copies of Publications; Online Access.
a) For each Official Reports advance pamphlet and bound volume, the
Publisher must provide the Reporter of Decisions, at the Publisher’s
expense, and at no cost to the State, with twelve (12) printed copies to the
Court. This material will be limited to the exclusive use of the Reporter of
Decisions and staff, and the material will not be returned upon termination
of the Agreement.
b) The Publisher must also provide the Reporter of Decisions and staff, at the
Publisher’s expense, and at no cost to the State, with access to any online
research service, website, or other remote-access computer database that the
Publisher makes commercially available. This access will be limited to the
Reporter of Decisions and staff.
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RFP Title: Publication of California Official Reports
RFP Number: RFP-CAL-2023-01-RP
c) For each edition of the California Style Manual produced, the Publisher
must provide the Reporter of Decisions, at the Publisher’s expense, and at
no cost to the State, with twelve (12) printed copies to the Court. This
material will be limited to the exclusive use of the Reporter of Decisions and
staff, and the material will not be returned on termination of the Agreement.
2.1.6 Transmittal of Manuscript and Other Materials.
a) The Publisher must provide, at the Publisher’s expense, and at no cost to the
State, for transmittal of manuscript, documents, and other materials required
to fulfill editorial and manufacturing responsibilities described in this RFP.
In lieu of transmittal provisions for paper versions of manuscript,
documents, and other materials, the Publisher may provide for transmittal
via computer-based methods and procedures (e.g., e-mail, file transfer
protocol, or other Internet-based methods), subject to the approval of the
Reporter of Decisions for non-paper-based transmittal provisions. The
Publisher’s computer-based methods and procedures must be generally
compatible with the computer systems and software used by the Reporter of
Decisions. The Publisher’s methods for transmittal must ensure receipt of
manuscript, documents, and other materials within 24 hours after dispatch.
2.1.7 Inspections and Meetings.
a) The Reporter of Decisions, on behalf of the State, must be given the
continuing right to inspect, at reasonable intervals, all premises used in the
performance of editorial, manufacturing, and publishing obligations
described in this RFP. The Publisher must provide for this right of
inspection with any subcontractors.
b) The Publisher will be responsible for all reasonable expenses relating to any
meeting or inspection pertaining to the Official Reports, including the
reasonable transportation, lodging, and related travel expenses of State
personnel necessary to the purpose of any meeting or inspection. The
Publisher shall not be reimbursed by the State for such expenses.
2.1.8 Disaster Contingency Plan.
a) The Proposal must include at least one alternative plan or arrangement for
continuing publication of the Official Reports should any event or
circumstance (e.g., a human-caused or natural disaster) cause a business
interruption either for the Publisher or any subcontractor. The plan or
arrangement must be detailed and specific. Identification and use of certain
subcontractors that may be utilized if the plan is implemented will be
subject to the requirements set forth in the Agreement.
2.2 General Publishing Duty; Licensing and Proprietary Considerations.
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