38030-38037

HEALTH AND SAFETY CODE
SECTION 38030-38037




38030.  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.


38031.  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.


38032.  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.




38033.  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.



38034.  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.



38035.  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.


38036.  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.



38037.  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.