California Judicial Branch Contract Law

California Judicial Branch Contract Law

On March 24, 2011, Senate Bill 78 was enacted creating a new Part 2.5 of the Public Contract Code (PCC) designated the California Judicial Branch Contract Law (JBCL). With certain exceptions, the JBCL requires that superior and appellate courts, the Judicial Council, and the Habeas Corpus Resource Center comply with provisions of the PCC that are applicable to state agencies and departments related to the procurement of goods and services.

PCC 19206 of the JBCL requires the Judicial Council to adopt and publish a Judicial Branch Contracting Manual incorporating procurement and contracting policies and procedures that these judicial branch entities must follow. On August 26, 2011, the Judicial Council adopted the Judicial Branch Contracting Manual (Manual) to comply with PCC 19206. The effective date of this Manual is October 1, 2011.

Notification to the California State Auditor

Under PCC 19204(a), any JBE contract with a total cost estimated at more than $1 million is subject to the review and recommendations of the California State Auditor to ensure compliance with the California Judicial Branch Contract Law. Each JBE must notify the State Auditor, in writing, of the existence of any such contract within 10 court days of entering into the contract. The date of “entering into the contract” is the date on which the contract is fully executed by all parties. CSA has set up the following electronic mailbox for JBEs to provide notice to the State Auditor of contracts with a total cost estimated at more than $1 million: Judicial.branch.contracts@auditor.ca.gov. (Exempted from this requirement are administrative or infrastructure IT projects with total costs estimated at more than $5 million which are subject to reviews and recommendations as specified in GC 68511.9 and do not need to be reported to CSA under PCC 19204(a)).