Contracting by California’s Judicial Branch

In California’s Public Contract Code, there are provisions that deal with contracting by judicial branch entities. These provisions are contained in Part 2.5 of Division 2. Public Contract Code Section 19201 names Part 2.5 as the California Judicial Branch Contract Law.

Section 19202 provides a legislative finding and declaration that placing all public contract provisions for judicial branch entities in one part will make that law clearer and easier to find.

Section 19203 applies Part 2.5 to all contracts initially entered into or amended by judicial branch entities. Section 19204 requires all judicial branch entities to comply with the provisions of the Public Contract Code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services.

In addition, all contracts with total cost estimated at more than $1 million are subject to the review and recommendations of the Bureau of State Audits to ensure compliance with Part 2.5. All judicial branch entities are required to notify the State Auditor in writing of the existence of any of these contracts within 10 business days of entering the contract.

Moreover, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than $5 million are subject to the reviews and recommendations of the California Technology Agency.

Additionally, procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities must be conducted by judicial branch entities consistent with the relevant provisions of the Public Contract Code applicable to state agencies.

However, Part 2.5 does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, such as the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, Part 2.5 applies to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.

Section 19205 defines the term “judicial branch entity.” Section 19206 requires the Judicial Council to adopt and publish a Judicial Branch Contracting Manual incorporating procurement and contracting policies and procedures that must be followed by all judicial branch entities subject to Part 2.5.

Section 19207 specifies that nothing in Part 2.5 is intended to require the approval, review, or involvement of any other state entity, including the Department of General Services or the Secretary of California Technology, in the procurement of any judicial branch goods or services, including information technology goods or services.

Section 19209 requires the Judicial Council to annually provide a report to the Joint Legislative Budget Committee and the State Auditor that provides information related to contracts and payments for the trial courts. The report is required to be provided no later than September 30 of each year, covering the state fiscal year ending June 30 of that year.

Section 19210 requires the State Auditor to biennially identify five judicial branch entities, excluding the Administrative Office of the Courts, for audit to assess the implementation of Part 2.5 by the judicial branch entity based upon risk factors that include specified information.