California Judicial Branch Contract Law

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Judicial Branch Contract Manual (8/31/12)
Fact Sheet (October 2011)
Frequently Asked Questions (October 2011)

Please e-mail your comments or questions to JBCM@jud.ca.gov.

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, the Administrative Office of the Courts (AOC), 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 Bureau of State Audits
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 Bureau of State Audits (BSA) 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. BSA 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@bsa.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 BSA under PCC 19204(a)).

Judicial Branch Contracting Manual (8/31/12)

The Judicial Branch Contracting Manual contains policies and procedures for judicial branch entities to follow when procuring goods and services.

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Judicial Branch Contract Manual by Chapters

Cover (8/31/12)
TOC (8/31/12)
Introduction (8/31/12)
Chapter 1 Purchasing Authority (8/31/12)
Chapter 2 Procurement Planning (8/31/12)
Chapter 3 Socioeconomic and Environmental Programs (8/31/12)
Chapter 4 Competitive Solicitation Overview (8/31/12)
Chapter 5 Non-Competitively Bid (NCB) Procurements (8/31/12)
Chapter 6 Leveraged Procurement (8/31/12)
Chapter 7 Protests (4/24/12)
Chapter 8 Contracts (8/31/12)
Chapter 9 Disbursements and Payment Programs (8/31/12)
Chapter 10 Receiving, Inspection, and Acceptance or Rejection of Goods and Services (4/24/12)
Chapter 11 Contract Administration (8/31/12)
Chapter 12 Reporting Requirements (8/31/12)
Abbreviations and Acronyms (8/31/12)
Glossary (8/31/12)

Forms

These samples were written to be compliant with the Judicial Branch Contract Law (Pub. Contract Code §§19201-19210) and the Judicial Branch Contracting Manual as they existed on the date the samples were prepared. Because the Judicial Branch Contracting Manual was subsequently revised effective August 31, 2012, many samples are in the process of being revised and may not be current. Users should exercise caution if a sample predates August 31, 2012.

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Sample Local Contracting Manual

Local Contracting Manual (9/6/12)
Policies for Possible Inclusion in the Local Contracting Manual (9/6/12)

Sample Solicitation Documents

Sample Invitation for Bid (IFB) for Non-IT Goods

IFB Document (9/24/12)
Administrative Rules (Attachment 1) (9/24/12)
Bidder’s Acceptance of Terms and Conditions (Attachment 3) (9/24/12)
Darfur Contracting Act Certification (Attachment 4) (9/24/12)
Iran Contracting Act Certification (Attachment 6) Note: only for procurements of $1,000,000 or more (9/24/12)

Sample Request for Proposal (RFP) for Non-IT Services

RFP Document (9/24/12)
Administrative Rules (Attachment 1) (9/24/12)
Proposer’s Acceptance of Terms and Conditions (Attachment 3) (9/24/12)
Darfur Contracting Act Certification (Attachment 4) (9/24/12)
Iran Contracting Act Certification (Attachment 6) Note: only for procurements of $1,000,000 or more (9/24/12)

Sample Request for Proposal (RFP) for IT Goods and Services

RFP Document (9/24/12)
Administrative Rules (Attachment 1) (9/24/12)
Proposer’s Acceptance of Terms and Conditions (Attachment 3) (9/24/12)
Iran Contracting Act Certification (Attachment 5) Note: only for procurements of $1,000,000 or more (9/24/12)

Sample Contract Terms & Conditions

Full Standard Agreement

Standard Agreement (9-24-12)

Services-Short Form Agreement

Services-Short Form Agreement (9/21/12)

Sample Clauses

Sample Contractor Certification Clauses (9/24/12)
Sample Contract Provisions (9/24/12)

IT Agreement

IT Agreement (12/20/12)

JBCL Appendix

JBCL Appendix (9/17/12)

Miscellaneous JBCM Documents

Sample Sole Source Request (6/11/12)

Sample DVBE Program

The documents below provide guidance and sample forms for the establishment and management of a disabled veteran business enterprise ("DVBE" ) program. For information about DVBEs, see chapter 3 of the JBCM.

Step by step guides

Establishing a DVBE Program (2/22/13)
Running a DVBE Procurement (1/25/13)

Sample rules and procedures

DVBE Rules and Procedures (2/22/13)

Sample Forms

DVBE Waiver Form (1/25/13)
Bidder Declaration (1/25/13)
DVBE Declaration (1/25/13)
Post-Contract Certification Form (1/25/13)

Sample language for solicitation documents and contracts

Sample DVBE webpage

DVBE webpage text (2/22/13)

Supplemental Information

Other Resources

http://serranus.courtinfo.ca.gov/surplus/. This webpage, which is on the password protected Serranus website, was created by the AOC to provide the California judiciary with a central location for listing surplus goods and equipment available for sale, transfer or exchange. The site is currently managed by the AOC’s Administrative Service Division.
http://www.courts.ca.gov/procurementservices.htm. This webpage, which is on the AOC’s pubic website, provides a list of AOC master agreements. The site is currently managed by the AOC’s Finance Division.