Gavin Newsom’s controversial ‘free diapers’ program gets quiet contracting carve-out

Gavin Newsom’s controversial “free diapers” program won’t face the scrutiny typical for state contractors — with the governor quietly carving out an exemption from bidding rules, despite growing questions about favoritism and waste.

The $12.5 million ”Golden State Start” was rolled out ahead of Mother’s Day and offers 400 free diapers to all California parents regardless of income.

Newsom is under fire for tapping Los Angeles-based Baby2Baby to run the program because of the nonprofit’s close ties to his gender filmmaker wife.

Siebel Newsom co-founded the California Partners Project, which helped facilitate the partnership.

Baby2Bay’s co-CEO, Norah Weinstein sits on the board California Partners Project, which collects “behested payments” from her husband to boost her profile as a gender justice activist.

In a letter to the California Legislature’s budget committees obtained by The Post, Newsom’s office asks not only asked $12.5 million for the next year, but for an exemption from competitive bidding practices designed to safeguard taxpayer’s money.

State Sen. Roger Niello, who’s vice chair of the Budget and Fiscal Review Committee, told The Post the diaper plan just “doesn’t make sense.”

“The whole thing just kind of stinks,” he said.

Newsom’s Department of Finance asked for an exemption from standard parts of the Government Code, the Public Contract Code and the State Administrative Manuel, which specify must be multiple bidders for contracts, with those bids then reviewed by the Department of General Services.

The department said it was flatly inaccurate to suggest that the request “eliminated competition or transparency” because the state had already sought out vendors.

“Diaper manufacturers, nonprofits, diaper banks, and food banks were invited to participate, and responses were evaluated based on vendors’ ability to meet the program’s operational and distribution goals,” said a spokesperson.

“The proposed budget language you are inquiring about would ensure program continuity in Year 2 as proposed funding expands free diapers to more families in more hospitals statewide.”

Niello argued that running the program through a nonprofit — instead of having the government or hospitals buying the diapers directly — is an odd strategy if the goal is to keep costs low.

”They’re going thorough a middleman, a nonprofit, and that’s going to have administrative expenses,” Niello said.

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“That will increase the unit price.”

Baby2Baby previously told The Post it underwent a “rigorous vetting process” in the diaper deal.

The nonprofit added in an email Friday: “California Partners Project did not facilitate and has no connection to the partnership for Golden State Start.

Baby2Baby’s other co-CEO, Kelly Sawyer Patricof, is married to producer, Jamie Patricof, whose father, Alan Patricof, is a longtime Democratic donor.

“It would appear it’s been planned all along to go through this particular nonprofit. One has to suspect that,” said Niello, who first heard of the diaper program after the May 8 press event.

Critics have questioned why free diapers even for wealthy families are a budget priority given the state faces the possibility of deep structural deficits tied to unstable revenues and growing spending.

The governor said he closed the state’s deficit through 2028 in his record $349.9 billion proposed budget, but Republican budget hawks have derided the plan as “fantasyland” based on fuzzy math.

“Not to mention, a policy pursued during a very challenged budget in the first place, to give free diapers to people whether they need it or not, doesn’t make sense,” Niello added.