S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4504

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by M. of A. RAIA, DUPREY, MONTESANO, PALUMBO, GOODELL, McDO-
  NOUGH, CROUCH, LUPINACCI, FINCH -- Multi-Sponsored  by  --  M.  of  A.
  HAWLEY,  McLAUGHLIN  --  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 53 to read as follows:
  53. 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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07216-01-5
              

A. 4504                             2

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
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

A. 4504                             3

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 3. This act shall take effect immediately.