Section § 38030

Explanation

The law requires each department in the California Health and Welfare Agency to identify specific programs that give out direct service contracts. These programs must either award contracts totaling over $250,000 or issue more than five direct service contracts per year. However, contracts with other government agencies, regional centers, or area agencies on aging are excluded from this requirement.

Each department under the Health and Welfare Agency shall identify each program (1) within which direct service contracts are awarded totaling in the aggregate contract amount of more than two hundred fifty thousand dollars ($250,000), and (2) which awards more than five direct service contracts per year. For the purposes of this chapter, “direct service contracts” shall not include contracts, grants, or subventions to other governmental agencies or units of government nor contracts with regional centers or area agencies on aging.

Section § 38031

Explanation

This law requires every department to create an annual timeline for each program. The timeline should include important dates like proposal requests, bid deadlines, contract announcements, and evaluations. If funding is uncertain or delayed, the timeline must note this and provide a range of possible dates when funding decisions will be finalized. The calendar must be accessible to the public and updated yearly.

For each program identified pursuant to Section 38030, each department shall develop an annual calendar identifying target dates for requests for proposal, contract bid deadlines, contract award announcements, contract approvals, and contract evaluations. Where funding or funding levels for a program are uncertain or subject to delays beyond the control of the program, the calendar shall so indicate and shall specify a range of dates within which final decisions on funding availability are likely to be made. Each such calendar shall be available to the public and shall be updated at least annually.

Section § 38032

Explanation

This section requires each department to create and keep a main list used for sending out Requests for Proposals (RFPs) for each program noted in another section. The list must include an explanation of how new names can be added and any affirmative action policies relevant to how contracts are managed.

For each program identified pursuant to Section 38030, each department shall develop and maintain a central distribution list for requests for proposal. Such lists shall contain a statement of the basis for making additions to the list and any affirmative action policies pertinent to the program’s contracting practices.

Section § 38033

Explanation

This law section mandates that every request for proposal (RFP) must include detailed information such as the program’s goals and objectives, the minimum range of services needed, and both qualitative and quantitative measures for evaluating the service outcomes. It also requires clear criteria and a description of the process and timeline for reviewing and approving bids, as well as the minimum performance standards agencies need to meet to get a service contract.

Each request for proposal shall contain, but not be limited to, the following information: the goals and objectives of the entire program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures which will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable which will be followed to review and approve bids, and all minimum performance standards any agency must meet prior to direct service contract approval.

Section § 38034

Explanation

This law requires that for each specific government program, departments must detail several things: how long each step will take, the names and contact details of staff responsible for each step, any legal requirements and sign-off needed before finalizing a contract, and conditions for any advance or interim payments. All this information must be provided in writing to all bidders.

For each program identified pursuant to Section 38030, each department shall identify the following steps: time estimated for each step; specific staff names, office addresses, and telephone numbers for those responsible for each step; and legal requirements and signatory approvals required prior to final approval of any contract. Any conditions for advance or interim payments shall also be identified. All bidders shall receive, in writing, all information required pursuant to this section.

Section § 38035

Explanation

This law requires each department to provide agencies with direct service contracts all the necessary forms and information needed for payment and reporting. They must also outline how they will evaluate the contracts, handle payment recovery, and the conditions under which they might withhold payments or terminate contracts due to poor performance. All this information should be shared before the contract is finally approved.

For each program identified pursuant to Section 38030, each department shall identify and transmit to all agencies awarded direct service 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 made available to each agency awarded a direct service contract prior to final approval of the contract.

Section § 38036

Explanation

Every department within the Health and Welfare Agency must create a process to handle complaints or disagreements related to the granting or management of contracts for direct services.

Each department under the Health and Welfare Agency shall develop a grievance procedure for resolving disputes arising from the awarding or administering of direct service contracts.

Section § 38037

Explanation

This law requires all departments under the Health and Welfare Agency to create a plan, called an implementation schedule, for developing necessary information as outlined in this chapter. They must send these schedules to specific legislative and research offices within 90 days after the law takes effect. The schedule should detail actions for one year from when the law is implemented.

Pursuant to Section 38030 through Section 38035, inclusive, all departments under the Health and Welfare Agency shall prepare an implementation schedule to develop the information required pursuant to this chapter. These schedules shall be transmitted within 90 days after the effective date of this chapter to the Joint Legislative Budget Committee and the Assembly and Senate Offices of Research for their review. The implementation schedule shall cover the period of one year from the effective date of this chapter.