Report 2012-301 Recommendation 5 Responses

Report 2012-301: Judicial Branch Procurement: Six Superior Courts Generally Complied With the Judicial Branch Contracting Law, but They Could Improve Some Policies and Practices (Release Date: March 2013)

Recommendation #5 To: Superior Court of California, County of Orange

To ensure that transactions reflect the State's priorities regarding businesses owned by disabled veterans, and to comply with requirements in the judicial contracting manual, the courts we reviewed should develop formal policies to implement the DVBE program.

1-Year Agency Response

The Superior Court of California, County of Orange (Orange court) has fully addressed the recommendation. Effective January 22, 2014, the Orange court began issuing solicitations with the Disabled Veteran Business Enterprise (DVBE) incentives. During the last 12 months, the Orange court developed DVBE rules and procedures including developing a method for monitoring adherence to DVBE goals, using existing state government resources to administer the program, and creating incentive amounts and a formula for incentive calculation for procurements subject to DVBE incentives. In addition, the court designated a DVBE advocate, adopted related forms, and created a public Web page with DVBE information.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

As of September 2013, the Superior Court of Orange County (court) has taken several steps toward addressing the state auditor's recommendation regarding the Disabled Veteran Business Enterprise (DVBE) program. First, the court designated one of its senior contracts administrators as a DVBE advocate. That individual has drafted a DVBE policy addressing general policy, eligibility advocate responsibilities, incentive, incentive waiver, DVBE maximum, forms, and subcontractors. The policy is currently under review by the court's executive management. The court plans to adopt DVBE rules and procedures. Once the executive management adopts the policy, the court will incorporate corresponding DVBE language into its solicitation documents, contract documents, local contracting manual, and corresponding desk procedures. The court is also considering whether to post a Web page with DVBE information. The court is working toward an implementation date of January 2014.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

During the last sixty (60) days, Superior Court of California, County of Orange (Orange court) has taken steps towards compliance: Specifically, the Orange court has designated a DVBE Advocate and adopted rules and procedures for the DVBE program. Pending activities include, but are not limted to, establishing a methodology to track and report DVBE participation statistics and adopting standard solictation forms that include DVBE requirements. The Orange court is committed to remain on track with the implementation schedule date of January 2014.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2012-301

Agency responses received after June 2013 are posted verbatim.