PUBLIC CONTRACT CODE
SECTION 19201-19210
19201. This part may be cited as the California Judicial Branch
Contract Law.
19202. The Legislature finds and declares that placing all public
contract provisions for judicial branch entities in one part will
make that law clearer and easier to find. Further, it is the intent
of the Legislature in enacting this part to achieve the objectives as
set forth in Sections 100, 101, and 102.
19203. This part shall apply to all contracts initially entered
into or amended by judicial branch entities on or after October 1,
2011.
19204. (a) All judicial branch entities shall comply with the
provisions of this code that are applicable to state agencies and
departments related to the procurement of goods and services,
including information technology goods and services. All contracts
with total cost estimated at more than one million dollars
($1,000,000), except contracts covered by Section 68511.9 of the
Government Code, shall be subject to the review and recommendations
of the Bureau of State Audits to ensure compliance with this part.
All judicial branch entities shall notify the State Auditor, in
writing, of the existence of any such contracts within 10 business
days of entering the contract. In addition, all administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000) shall be subject to the reviews and
recommendations of the California Technology Agency, as specified in
Section 68511.9 of the Government Code.
(b) Except as provided in subdivision (c), procurement and
contracting for the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of court facilities
shall be conducted by judicial branch entities consistent with the
relevant provisions of this code applicable to state agencies.
(c) Notwithstanding any other provision of law, this part does not
apply to procurement and contracting by judicial branch entities
that are related to trial court construction, including, but not
limited to, the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of trial court
facilities. However, this part shall apply to contracts for
maintenance of all judicial branch facilities that are not under the
operation and management of the Department of General Services.
(d) Only until the Judicial Council adopts the Judicial Branch
Contracting Manual required pursuant to Section 19206, judicial
branch entities shall instead be governed by applicable policies and
procedures in the State Administrative Manual and the State
Contracting Manual, or policies and procedures as otherwise required
by law to be adopted by the Department of General Services applicable
to state agencies.
19205. (a) As used in this part, "judicial branch entity" means any
superior court, court of appeal, the California Supreme Court, the
Judicial Council, the Habeas Corpus Resource Center, or the
Administrative Office of the Courts.
(b) Where there is a reference in this code to an officer or
employee of a state agency, for purposes of this part, these terms
shall refer to a member, judicial officer, officer, employee, or
other person of a judicial branch entity, as applicable.
19206. The Judicial Council shall adopt and publish no later than
January 1, 2012, a Judicial Branch Contracting Manual incorporating
procurement and contracting policies and procedures that must be
followed by all judicial branch entities subject to this part. The
policies and procedures shall include a requirement that each
judicial branch entity shall adopt a local contracting manual for
procurement and contracting for goods or services by that judicial
branch entity. The policies and procedures in the manuals shall be
consistent with this code and substantially similar to the provisions
contained in the State Administrative Manual and the State
Contracting Manual.
19207. Except as provided in subdivision (a) of Section 19204 or as
otherwise specifically required by law applicable to any judicial
branch entity, nothing in this part is intended, nor shall it be
construed, to require the approval, review, or involvement of any
other state entity, including, but not limited to, 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.
19208. Nothing in this part is intended, nor shall it be construed
to permit, the application of provisions of this code that do not
apply to state agencies and departments.
19209. (a) Notwithstanding Section 10231.5 of the Government Code,
beginning in 2012, twice each year, the Judicial Council shall
provide a report to the Joint Legislative Budget Committee and the
State Auditor that provides information related to procurement of
contracts for the judicial branch. One report shall be provided no
later than February 1 of each year, covering the period from July 1
through December 31 of the prior year, and the second report shall be
provided no later than August 1 of each year, covering the period
from January 1 through June 30 of the same year.
(b) Each of the two annual reports shall include a list of all
vendors or contractors receiving payments from any judicial branch
entities. For each vendor or contractor receiving any payment during
the reporting period, the report shall provide a separate listing for
each distinct contract between that vendor or contractor and a
judicial branch entity. For every vendor or contractor listed in the
report, including for each distinct contract for those contractors or
vendors with more than one payment during the period, the report
shall further identify the amount of payment to the contractor or
vendor, the type of service or good provided, and the judicial branch
entity or entities with which the vendor or contractor was
contracted to provide that service or good.
(c) Each of the two annual reports shall include a list of all
contract amendments made during the report period. For each
amendment, the report shall identify the vendor or contractor, the
type of service or good provided under the contract, the nature of
the amendment, the duration of the amendment, and the cost of the
amendment.
19210. (a) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the State Auditor shall establish a pilot
program to audit six trial courts. That entity shall select the trial
courts using the following criteria:
(1) Two trial courts selected from counties with a population of
200,000 or less.
(2) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(3) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall assess the implementation of this part by the
judicial branch.
(b) Based on the results of the pilot program audits described in
subdivision (a), the State Auditor shall, on or before December 15,
2013, commence an audit of the trial courts, provided that every
trial court is audited in the manner prescribed by this section at
least once every four years. The audits shall assess the
implementation of this part by the judicial branch. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(c) Notwithstanding Section 10231.5 of the Government Code, the
State Auditor shall compile the trial court audit findings and report
the results of these audits to the Legislature, the Judicial
Council, and the Department of Finance no later than April 1 of each
year. An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(d) The reasonable and necessary contracted cost of the audits
conducted pursuant to this section shall be paid from funds of the
local trial court being audited.
(e) (1) On or before December 15, 2013, and biennially thereafter,
the State Auditor shall perform an audit of the Administrative
Office of the Courts, the Habeas Corpus Resource Center, and the
appellate courts to assess their implementation of this part.
(2) The State Auditor shall provide a copy of the final audit
report of the Administrative Office of the Courts to the Legislature,
the Judicial Council, and the Department of Finance upon issuance.
An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(f) The State Auditor shall conduct the audits required pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
(g) If the State Auditor is selected as the auditing entity
pursuant to subdivision (j) of Section 77206 of the Government Code,
then the State Auditor may combine the results of any audit of a
trial court conducted pursuant to that section with an audit of the
same trial court conducted pursuant to this section. The State
Auditor may also combine the results of an audit of the
Administrative Office of the Courts pursuant to Section 77206 of the
Government Code with the results of an audit of the Administrative
Office of the Courts pursuant to this section.
(h) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
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