HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
relating to FARM TO SCHOOL PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that building farm to school connections can improve student access to healthy, local foods, provide numerous public health benefits, and contribute to the local agricultural industry. The National Farm to School Network reports that increasing local food procurement in schools provides economic benefits to school districts by increasing student and teacher meal participation and decreasing school meal program costs.
The legislature also finds that local food procurement provides economic benefits to local food systems by providing a long-term revenue stream for farmers and other food producers, promoting market diversification, and increasing income and economic growth opportunities for individual farmers. The 2008 Farm Bill directed the Secretary of Agriculture to encourage schools to purchase unprocessed locally grown and locally raised products "to the maximum extent practicable and appropriate." The Secretary was also instructed to allow child nutrition program operators to use a "geographic preference" when procuring unprocessed locally grown and locally raised agricultural products.
The purpose of this Act is to create a limited procurement exemption system for the purchase of goods and services by the department of education related to the administration of food programs at public schools that will incorporate a geographic preference for unprocessed locally grown and locally raised food products. This Act will thereby facilitate the increase of locally grown and locally raised food products from Hawaii farmers, ranchers, and food producers and allow school complexes to regionalize their menus.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
program; procurement; geographic preference; exemption. (a)
The department shall establish rules pursuant
to chapter 91 for the procurement of goods and services related to the administration
of food programs at public schools that incorporate a geographic preference for
unprocessed locally grown and locally raised agricultural products.
rules shall be in
accordance with federal guidance on geographic preference pursuant to the final
rule published on April 22, 2011, 76 Federal Register 22603, et seq.
rules shall also incorporate requirements for:
internal policies and procedures for the timely and efficient procurement of goods
and services, including post-award contract management and oversight procedures,
that are consistent with the goals of public accountability and public procurement
(2) Posting the following
information on the department's website:
solicitations, including any bid openings and additional solicitation documents;
contracts awarded by the department for goods and services related to the administration
of food programs at public schools that
incorporate a geographic preference for unprocessed locally grown and locally
raised agricultural products, including contracts involving realizations
and in-kind benefits;
(3) Prohibiting contracts
involving cost plus percentage of cost pricing calculations;
(4) Considering quality,
delivery, best value, sustainability, nutritional value, and past performance when
determining the most advantageous proposal;
(5) Prohibiting artificial
division or parceling that would avoid competitive bidding or competitive proposals;
(6) Implementing a dispute
resolution process for procurement award and post-award contract actions.
(d) All contracts made for the procurement of goods
and services pursuant to rules adopted under this section shall include a period
(e) Except for section 103D-1002, all contracts made
for the procurement of goods and services pursuant to rules adopted under this section
shall be exempt from chapter 103D.
(f) Nothing in this section shall be construed to permit
the awarding of contracts based on geographic preference to supersede the competitive
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
Public School Food Programs; Farm to School; Department of Education; Procurement; Geographic Preference; Locally Grown Food; Exemption
Requires the department of education to establish rules for the procurement of goods and services related to the administration of food programs at public schools that incorporate a geographic preference for unprocessed locally grown and locally raised food products. Except for the provision relating to Hawaii products, exempts the department's food program from the Hawaii public procurement code.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.