The department shall develop an annual calendar identifying target dates for contract application deadlines, contract award announcements, contract approvals, and contract evaluations. Each calendar shall be available to the public and shall be updated at least annually.
Article 14Contract Procedures
Section § 8325
This rule requires the department to create a yearly calendar outlining important deadlines and events related to contracts, such as when applications are due and when announcements will be made. This calendar must be accessible to the public and updated at least once a year.
annual calendar contract deadlines application deadlines contract award announcements contract approvals contract evaluations public access yearly update department responsibility target dates for contracts
Section § 8326
This law requires the department to create and keep an updated list to distribute information about application opportunities.
The department shall develop and maintain a central distribution list for application announcements.
central distribution list application announcements information distribution department's responsibility develop list maintain list application opportunities centralized process communications management information dissemination applicant notifications list maintenance information updates
Section § 8327
This law requires that announcements for applications must include detailed information. Specifically, they should state the program's goals, the kinds of services needed, how success will be measured, the review and approval process, and the performance standards agencies need to meet before a contract is approved.
Application announcements shall contain, but not be limited to, the following information: the goals and objectives of the program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures that will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable
that will be followed to review and approve applications, and all minimum performance standards any agency is required to meet prior to contract approval.
application announcements program goals service evaluation review process approval methodology performance standards contract approval minimum range of services quantitative measures qualitative measures timetable for review service outcomes evaluation criteria purchasing services application criteria
Section § 8329
This law section requires the department to include specific information in any application announcement. They must outline the estimated timeline for each step, details of the staff responsible, the legal requirements, and the conditions for any advance payments required for the contract approval process.
(a)CA Education Code § 8329(a) The department shall include all of the following in the application announcement:
(1)CA Education Code § 8329(a)(1) The time estimated for each step.
(2)CA Education Code § 8329(a)(2) The specific staff names, office addresses, and telephone numbers for those responsible for each step.
(3)CA Education Code § 8329(a)(3) The legal requirements and signatory approvals required prior to final approval of any contract.
(4)CA Education Code § 8329(a)(4) Any conditions for advance payments shall also be identified.
(b)CA Education Code § 8329(b) This information shall be provided in any application announcement.
application announcement staff names office addresses telephone numbers step timeline legal requirements signatory approvals contract approval advance payments department responsibility
Section § 8330
This law requires that before finalizing any contracts, the department must provide agencies with specific forms and information needed for contract payments and evaluations. It also outlines conditions for handling nonperformance, such as payment recovery and contract termination.
The department shall identify and transmit to all agencies awarded contracts forms required for contract payments, management information or reports required pursuant to contract objectives, and conditions and methods for contract evaluations. Methods and conditions for payment recoveries,
withholding of payments, and contract terminations relating to nonperformance shall also be identified. This information shall be provided in all cases prior to final approval of any
contract, unless the information is provided in the contract document.
contract payments management information contract objectives contract evaluations payment recoveries withholding payments contract terminations nonperformance contract conditions contract methods final approval contract documentation transmit to agencies contract forms information for agencies
Section § 8331
This law requires the department to create a process for handling disagreements about giving out or managing contracts. This is an additional option besides the remedies available under a specific government procedure framework.
The department shall develop a grievance procedure for resolving disputes arising from the awarding or administering of contracts, in addition to the remedies provided under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
grievance procedure contract disputes awarding contracts administering contracts dispute resolution Administrative Procedure Act remedies Department responsibility contract management government contracts dispute handling process
Section § 8332
This law is about improving the process for state-subsidized preschool program contracts in California. It aims to make the approval process faster by having the Department of Finance and the Department of General Services review and approve contract terms quickly, typically within 30 working days. If there are conflicts, they should be resolved within another 30 days. Contracts need to be issued by June 1, and new funding applications should be available within 45 days after new funds are approved. The law also allows for changes to fee schedules based on updated data, with the condition that contractors are notified in advance. The main goal is to keep preschool services running smoothly without unnecessary delays.
(a)CA Education Code § 8332(a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state subsidized preschool program contracts with public and private agencies by the timely approval of contract provisions by the Department of Finance, the Department of General Services, and the department and by authorizing the department to establish a multiyear application, contract expenditure, and service
review as may be necessary to provide timely service while preserving audit and oversight functions to protect the public welfare.
(b)CA Education Code § 8332(b) The Department of Finance and the Department of General Services shall approve or disapprove annual contract funding terms and conditions, including the family fee schedules, and contract face sheets submitted by the department not more than 30 working days from the date of
submission, unless unresolved conflicts remain between the Department of Finance, the department, and the Department of General Services. The department shall resolve conflicts within an additional 30 working day time period. Contracts and funding terms and conditions shall be issued to contractors no later than June 1. Applications for new preschool funding shall be issued not more than 45 working days after the effective date of authorized new allocations of preschool moneys.
(c)CA Education Code § 8332(c) With respect to subdivision (b), it is the intent of the Legislature that the Department of Finance annually review contract funding terms and conditions for the primary purpose of ensuring consistency between contracts and the budget. This review shall include evaluating any proposed changes to contract language or other fiscal documents to which the contractor
is required to adhere, including those changes to terms or conditions that authorize higher reimbursement rates, modify related adjustment factors, modify administrative or other service allowances, or diminish fee revenues otherwise available for services, to determine if the change is necessary or has the potential effect of reducing the number of full-time equivalent children that may be served.
(d)CA Education Code § 8332(d) Notwithstanding the June 1 date specified in subdivision (b), changes to the fee schedule may be made at any other time to reflect the availability of accurate data necessary for
its completion, provided it receives the approval of the Department of Finance. The Department of Finance shall review the changes within 30 working days of submission and the department shall resolve conflicts within an additional 30 working day period. Contractors shall be given adequate notice before the effective date of the approved schedules. It is the intent of the Legislature that contracts for services not be delayed by the timing of the availability of accurate data needed to update these schedules.
state subsidized preschool contract approval Department of Finance Department of General Services multiyear contracts audit and oversight funding terms and conditions family fee schedules conflict resolution contractor notification reimbursement rates service allowances fee schedule changes new preschool funding budget consistency
Section § 8333
This section explains that the department can set up a process for multiyear applications. Only public and private agencies that have run their past contracts flawlessly for the last three years can apply. To be eligible, agencies must have no audit issues, program deficiencies, contract problems, incidents of child abuse, or any management troubles. The department might include other rules to protect the public's trust.
The department may execute a multiyear application process. Multiyear applications may only be submitted by public and private agencies that have been fully compliant in executing prior contracts for at least the preceding three fiscal years as evidenced by all of the following:
(a)CA Education Code § 8333(a) No fiscal audit disclaimer.
(b)CA Education Code § 8333(b) No program quality deficiencies.
(c)CA Education Code § 8333(c) No contract compliance deficiencies.
(d)CA Education Code § 8333(d) No incidents of child abuse or molestation.
(e)CA Education Code § 8333(e) No program management, administrative, or staffing deficiencies.
(f)CA Education Code § 8333(f) Any other criteria as may be deemed necessary to safeguard the public trust.
multiyear application process public agencies private agencies fiscal audit program quality deficiencies contract compliance child abuse incidents program management administrative deficiencies staffing deficiencies public trust fiscal years eligibility criteria contract execution agency compliance
Section § 8334
This law tells the State Department of Education to create an easier application process for existing preschool program contractors to get more slots for these programs. They should work with the Department of Social Services to make this process similar to other childcare programs. But, if a contractor has issues like financial or program noncompliance, unresolved review problems, poor program quality, or financial mismanagement, they can't use this easier process. Other disqualifications include having a budget cut due to underuse, not starting on an awarded expansion, or having debts or late audits with the department.
(a)Copy CA Education Code § 8334(a)
(1)Copy CA Education Code § 8334(a)(1) The State Department of Education shall develop and implement a streamlined request for application process for existing California state preschool program contractors to be awarded new California state preschool program slots.
(2)CA Education Code § 8334(a)(2) The State Department of Education shall collaborate with the State Department of Social Services to ensure the streamlined request for application process pursuant to paragraph (1) is, where applicable, similar to the streamlined request for application process in the general childcare and development program.
(b)CA Education Code § 8334(b) A contractor who meets any of the following conditions during a request for application cycle shall be
ineligible for the streamlined request for application process:
(1)CA Education Code § 8334(b)(1) The contractor is on conditional status because of fiscal or programmatic noncompliance.
(2)CA Education Code § 8334(b)(2) The State Department of Education has conducted a review pursuant to Section 17794 of Title 5 of the California Code of Regulations and the contractor has failed to resolve items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the review report.
(3)CA Education Code § 8334(b)(3) The State Department of Education has evidence that the contractor has not been able to successfully fulfill current contract requirements by serving children in a quality program and fiscally responsible manner.
(4)CA Education Code § 8334(b)(4) As described in Section 8316, the contractor has in place or places, a person in
a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds or a state or federal crime involving moral turpitude.
(5)CA Education Code § 8334(b)(5) The State Department of Education reduced the contractor’s current year maximum reimbursement amount due to the contractor’s inability to utilize its full contract amount because of low enrollment or low expenditures for the same contract type.
(6)CA Education Code § 8334(b)(6) The contractor was previously awarded state preschool program expansion funding and has not yet started to provide services with that funding.
(7)CA Education Code § 8334(b)(7) The contractor has an outstanding accounts receivable balance with the State Department of Education.
(8)CA Education Code § 8334(b)(8) The contractor has a delinquent audit pursuant to Section
17825 of Title 5 of the California Code of Regulations.
preschool program streamlined request application process program contractors fiscal noncompliance programmatic noncompliance conditional status childcare development quality program fiscal responsibility misuse of funds enrollment issues expansion funding accounts receivable delinquent audit
