S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5110
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. RAIA, MONTESANO, PALUMBO, GOODELL, McDONOUGH,
   CROUCH, FINCH -- Multi-Sponsored by -- M. of A. HAWLEY  --  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 60 to read as follows:
   60.  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.
   §  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-
 ing an annual expenditure in excess of the amount specified for purchase
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07947-01-9

 A. 5110                             2
 
 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
 exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,

 A. 5110                             3
 
 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.
   § 3. This act shall take effect immediately.