S T A T E O F N E W Y O R K
________________________________________________________________________
8946
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. RAIA -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to school lunch procure-
ment and request for proposals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 44 to read as follows:
44. ALL CONTRACTS TO PROVIDE, MAINTAIN AND OPERATE CAFETERIA OR
RESTAURANT SERVICE BY A PRIVATE FOOD SERVICE MANAGEMENT COMPANY SHALL BE
AWARDED THROUGH A REQUEST FOR PROPOSAL PROCUREMENT PROCESS. ALL
PROPOSALS SHALL BE IN SUCH FORM AS THE COMMISSIONER MAY PRESCRIBE AND
SHALL INCLUDE CRITERIA SUCH AS QUALITY, COST AND NUTRITION OF FOOD. EACH
SCHOOL DISTRICT SHALL AWARD A PRIVATE FOOD SERVICE MANAGEMENT COMPANY
WITH A COST REIMBURSABLE CONTRACT WHICH WILL ALLOW EACH SCHOOL DISTRICT
THE FLEXIBILITY TO MODIFY THEIR SCHOOL NUTRITION PROGRAM DURING THE
CONTRACT PERIOD.
S 2. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by section 1 of chapter 273 of the laws of 1999, is
amended to read as follows:
a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children[,] AND all
contracts for mobile instructional units[, and all contracts to provide,
maintain and operate cafeteria or restaurant service by a private food
service management company] shall be subject to the approval of the
commissioner, who may disapprove a proposed contract if, in his opinion,
the best interests of the district will be promoted thereby. Except as
provided in paragraph e of this subdivision, all such contracts involv-
ing an annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13870-01-4
A. 8946 2
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation, main-
tenance[,] OR mobile instructional units[, or cafeteria and restaurant
service] shall be in such form as the commissioner may prescribe.
Advertisement for bids shall be published in a newspaper or newspapers
designated by the board of education or trustee of the district having
general circulation within the district for such purpose. Such adver-
tisement shall contain a statement of the time when and place where all
bids received pursuant to such advertisement will be publicly opened and
read either by the school authorities or by a person or persons desig-
nated by them. All bids received shall be publicly opened and read at
the time and place so specified. At least five days shall elapse between
the first publication of such advertisement and the date so specified
for the opening and reading of bids. The requirement for competitive
bidding shall not apply to an award of a contract for the transportation
of pupils or a contract for mobile instructional units, if such award is
based on an evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision. The requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al extensions of a contract nor shall the requirement for competitive
bidding apply to quadrennial or quinquennial year extensions of a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured either through competitive bidding
or through evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision, when such exten-
sions (1) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, (2) [do not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder and]
in the case of contracts for the transportation of pupils, for the main-
tenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is hereby vested in the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount to be paid by the district to the contractor in any year of such
proposed extension fails to reflect any decrease in the regional consum-
er price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon
the index for all urban consumers (CPI-U) during the preceding twelve
month period; and (ii) to reject any extension of a contract after ten
years from the date transportation or maintenance service commenced
thereunder, or mobile instructional units were first provided, if in his
opinion, the best interests of the district will be promoted thereby.
Upon such rejection of any proposed extension, the commissioner may
order the board of education or trustee of the district to seek, obtain
and consider bids pursuant to the provisions of this section. The board
of education or the trustee of a school district electing to extend a
contract as provided herein, may, in its discretion, increase the amount
to be paid in each year of the contract extension by an amount not to
exceed the regional consumer price index increase for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the preceding twelve month period, provided it has
been satisfactorily established by the contractor that there has been at
A. 8946 3
least an equivalent increase in the amount of his cost of operation,
during the period of the contract.
S 3. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by section 2 of chapter 273 of the laws of 1999, is
amended to read as follows:
a. All contracts for the transportation of school children[,] AND all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units[, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company] shall be subject to the approval of the commission-
er, who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. All such contracts
involving an annual expenditure in excess of the amount specified for
purchase contracts in the bidding requirements of the general municipal
law shall be awarded to the lowest responsible bidder, which responsi-
bility shall be determined by the board of education or the trustee of a
district, with power hereby vested in the commissioner to reject any or
all bids if, in his opinion, the best interests of the district will be
promoted thereby and, upon such rejection of all bids, the commissioner
shall order the board of education or trustee of the district to seek,
obtain and consider new proposals. All proposals for such transporta-
tion, maintenance[,] OR mobile instructional units[, or cafeteria and
restaurant service] shall be in such form as the commissioner may
prescribe. Advertisement for bids shall be published in a newspaper or
newspapers designated by the board of education or trustee of the
district having general circulation within the district for such
purpose. Such advertisement shall contain a statement of the time when
and place where all bids received pursuant to such advertisement will be
publicly opened and read either by the school authorities or by a person
or persons designated by them. All bids received shall be publicly
opened and read at the time and place so specified. At least five days
shall elapse between the first publication of such advertisement and the
date so specified for the opening and reading of bids. The requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al extensions of a contract nor shall the requirement for competitive
bidding apply to quadrennial or quinquennial year extensions of a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured through competitive bidding when
such extensions (1) are made by the board of education or the trustee of
a district, under rules and regulations prescribed by the commissioner,
and, (2) [do not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder and]
in the case of contracts for the transportation of pupils, for the main-
tenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is hereby vested in the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount to be paid by the district to the contractor in any year of such
proposed extension fails to reflect any decrease in the regional consum-
er price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon
the index for all urban consumers (CPI-U) during the preceding twelve
month period; and (ii) to reject any extension of a contract after ten
years from the date transportation or maintenance service commenced
thereunder, or mobile instructional units were first provided, if in his
A. 8946 4
opinion, the best interests of the district will be promoted thereby.
Upon such rejection of any proposed extension, the commissioner may
order the board of education or trustee of the district to seek, obtain
and consider bids pursuant to the provisions of this section. The board
of education or the trustee of a school district electing to extend a
contract as provided herein, may, in its discretion, increase the amount
to be paid in each year of the contract extension by an amount not to
exceed the regional consumer price index increase for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the preceding twelve month period, provided it has
been satisfactorily established by the contractor that there has been at
least an equivalent increase in the amount of his cost of operation,
during the period of the contract.
S 4. This act shall take effect immediately, provided that the amend-
ments to paragraph a of subdivision 14 of section 305 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such paragraph pursuant to chapter 698 of the laws of
1996, as amended, when upon such date the provisions of section three of
this act shall take effect.