Provides that certain purchase contracts to purchase food can be awarded to a qualified bidder who fulfills certain values based procurement standards when such bid is not more than 10% higher than the lowest responsible bidder and when the bidder makes publicly available data on where such bidder sources their food items; sets forth the criteria for values based procurement standards to include local economies, environmental sustainability, racial equity, valued workforce, animal welfare, and nutrition.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8091
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the general municipal law, in relation to the awarding
of certain purchase contracts to purchase food
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide that certain purchase contracts
can be awarded to a qualified bidder who fulfills certain values-based
standards when such bid is not more than 10% higher than the lowest
responsible bidder.
SUMMARY OF PROVISIONS:
Section one and two amend the general municipal law in relation to
allowing local contracts for food purchases to be selected from an
otherwise qualified bidder who fulfills one or more of the values-based
procurement standards and who is within 10 percent of the lowest bid.
Section three provides for an immediate effective date.
JUSTIFICATION:
New York State procurement laws have not been updated for over fifty
years and are among the nation's most restrictive. Local governments and
institutions currently must choose the lowest responsible bidder when
bidding out a project and are unable to consider any other criteria.
This bill will finally give municipalities in New York state the oppor-
tunity to choose a bidder for a project, who is no more than 10% more
expensive than the lowest responsible, if the bidder can satisfy at
least one of the listed criteria.
This bill establishes a procurement model that encourages buying power
centered on the values of local economies, environmental sustainability,
racial equity, valued workforce, farmers first, animal welfare, and
nutrition. This new framework allows municipalities to choose bidders
who exemplify values important to them through specific criteria laid
out in this legislation under the categories listed above. It aims to
improve the practices of New York State's largest producers and suppli-
ers while simultaneously expanding access to institutional contracting
opportunities for small and historically marginalized farmers, produc-
ers, and suppliers. Increasing local food purchasing has the potential
to improve the health of New Yorkers and generate a food system that is
environmentally friendly, economically viable, socially responsible, and
more humane. Providing institutions with the framework and tools to help
practice values-based purchasing will increase transparency along the
supply chain and build a more equitable and sustainable food system for
New York State.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.8580/5.7534
2023-24: A.7264-A/S.6955-A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State, to be determined for local governments.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to subdivision 1 of section 103 of the general municipal law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision when upon such date the provisions of
section two of this act shall take effect.
