POLICIES

Superior Court, San Joaquin County's ("Court") policies and procedures are governed by Trial Court Financial Policies and Procedures established by the Administrative Office of the Courts, Judicial Council of California.

BIDS

It is the Court's policy to obtain competitive bids whenever possible. Written bids are the primary means of obtaining prices; phone quotations are solicited when practical. All written bids are due on the time and date specified on the bid form/notice.

All bids will be posted on the Court's web site "www.stocktoncourt.org." Follow the "Purchasing" links. The may also be found on the Department of General Services web site at "www.cscr.dgs.ca.gov/cscr". The bid forms/notices will be available in pdf (Acrobat Reader) format. You can obtain a free version of Acrobat Reader @ www.adobe.com.

SPECIFICATONS

Written specifications are used in the bidding process to describe the level of quality required. Unless otherwise specified, all merchandise purchased is new and unused.

In addition to specifications, certain terms and conditions governing purchases are outlined in the bid form/notice. Award is made to the vendor/contractor who meets the specifications, terms and conditions stated, including delivery requirements, and offers the lowest price. Cash discounts are considered in the award.

AWARDS

The Court intends to be completely open and fair to all vendors in selecting the best possible service providers within budgetary and other constraints described in the solicitation document. In applying evaluation criteria and making the selection, members of the evaluation team will exercise their best judgment

Purchases will be from the lowest responsive bidder that best meets the specifications of the bid.

The Court reserves the right to reject if:

1. It is in the Court's best interest to do so.
2. It is nonresponsive to the solicitation requirements.
3. The submitting firm or individual does not meet the Court's stated criteria for contractor responsibility.

PROTEST PROCEDURES

The Court will process bid protests in a timely and consistant manner to assure that all prospective contractors are accorded fair and equal consideration for the award of contracts or purchase orders. Two types of protests will be accepted:

1. Protests based on defective specifications or improprieties.
2. Protests based upon award.

Prior to Submission of Bid or Proposal. Any interested party that is an actual or prospective bidder within a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or the other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to submission of a bid or proposal. Such protest is required to be received prior to the date and time that proposals are due.

After Award. Vendors submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it needs all of the following conditions:

1. 1. The vendor has submitted a proposal that it believes to be responsive of the solicitation document.
2. The vendor believes that its proposal meets the Court's administrative requirements and technical requirements, proposes items and/or service of proven quality and performance, and offers a competitive cost to the Court.
3. The vendor believes that the Court has incorrectly selected another vendor submitting a proposal for an award.

Such protest is required to be received no later than five (5) business days after the protesting party knows or should have known of the facts and circumstances upon which the protest is based.

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 quailified to protest should contact the Court Purchasing Agent at the address below:

Superior Court, San Joaquin County
Attn: Court Purchasing Agent
222 E. Weber Avenue, Room 130
Stockton, CA 95202

1. The protest is required to be in writing and sent by certified or registered mail or delivered personally to the address listed above. If the protest is hand-delivered, a receipt is required.
2. The protest will include the name, address, telephone and facsimilie numbers of the party protesting or their representative.
3. The title of the solicitation document under which the protest is submitted will be included.
4. A detailed description of the specific legal and factual grounds of the protest and any supporting documentation will be included.
5. The specific ruling or relief requested will be stated.

The Court, at its discretion, may make a decision regarding the protest without requesting further documents from the protestor. Therefore, the initial protest submittal should 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.

Determination of Protest Submitted Prior to Submission of Bid or Proposal. Upon receipt of a timely and proper protest based on allegedly restrictive or defective specifications or improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a bid or proposal, the Court will provide a written determination to the protestor prior to the proposal closing date. If required, the proposal closing date may be extended to allow for a reasonable time to review the protest. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract.

Appeals Process. The Court Purchasing Agent's decision will be considered the final action by the Court unless the protesting firm or individual thereafter seeks an appeal of the Court Purchasing Agent's decision by filing a request for appeal with the Court Fiscal Manager within five (5) calendar days of the issuance of the Court Purchasing Agent's decision. The justification for appeal is limited to: (1) facts and/or information related to the protest, as previously submitted; or (2) the decision of the Court Purchasing Agent was in error of law or regulation. The request for appeal will include: (1) the name, address, telephone and facsimile numbers of the vendor 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 Court Fiscal Manager or his/her designee will review the request and the decision of the Court Purchasing Agent and will issue a final determination. The decision of the Court Executive Officer will constitute the final action of the Court.

Protest Remedies: If the protest is upheld, the Court will consider all circumstances surrounding the procurement in its decision for a fair and reasonable remedy, including the serousness of the procurement deficiency, the degree of prejudice to the protesting party or to the integrity of the competitive procurement system, the good faith of the parties, the extent of performance, the cost to the Court, the urgency of the procurement, and the impact of the recommendation(s) on the Court. The Court may recommend any combination of the following remedies:

1. Terminate the contract for convenience.
2. Re-complete the contract.
3. Issue a new solicitation.
4. Refrain from exercising options to extend the term under the contract.
5. Award a contract consistent with the statute or regulation.
6. Other such remedies as may be required to promote compliance.

Failure of the bidder to comply with these protest procedures will render a protest untimely and inadequate and may result in rejection thereof by the Court.