UDWR Fall 2026 Seed Bid Specification Page 1 of 10

UDWR Fall 2026 Seed Bid Specifications Page 2 of 10

BID SPECIFICATIONS

Please note the following changes from previous solicitations:

It is the responsibility of the vendor to read and understand this solicitation in its entirety.

There is less certainty with this solicitation than normal due to volatile wildfire demands and budgets. All listed quantities on the solicitation sheet are high-end estimates and awards may be much lower than requested. A number of alternate species are also listed in the solicitation and are indicated by †. Alternate species may be awarded if preferred species are not available. All requested quantities are estimates and actual awarded quantity may vary drastically.

The solicitation is split into two preferred delivery dates, 1) 10 days after award, and 2) February 18, 2027. Later delivery dates will be considered on a per item basis. Any later delivery item awarded (February 18 deadline) should not be delivered prior to January 4, 2026. Outlined in Section 2 and Section 10.

For all items with a 10 day after award delivery date, the State will accept a vendor provided report in lieu of the State’s standard sampling and testing protocol. All late delivery items will be subject to the standard sampling and testing protocols. Outlined in Section 6, see criteria for the report.

The “Seed Analysis Request Form” (Attachment D) has been updated and is now a spreadsheet. Please use the most current version provided with this solicitation. Outlined in Section 6 and within Attachment D.

Acceptance based on PLS will now be based on a combination of tolerance points and offered PLS and the States minimum PLS requirements. Changes outlined in Section 7.

Include the assigned State PO# on the analysis tag attached to each bag. Outlined in Section 10.

1. FEDERAL SEED ACT, UTAH STATE LAWS, NOXIOUS and OTHER WEEDS

All seed delivered must be tagged in accordance with Utah State Seed Laws (Utah Code, Title 4, Chapter 16, Utah Seed Act and Utah Administrative Code R68-8). All seed shall comply with Utah State Noxious Weed Seeds and Weed Seed Restrictions. All seed shall also comply with the Federal Seed Act (7 U.S.C. §. 1551-1610 incl.).

In addition to the standards outlined under State and Federal seed law, the following maximums shall be allowed for seed under this solicitation:

· No more than 600 seeds/lbs. of annual brome species including Cheat (Bromus secalinus), Chess (B. brizaformis), (B. commutatus), Soft Brome (B. mollis), Japanese Brome (Bromus japonicus), Red Brome (B. rubens) and Downy Brome (Bromus tectorum) either as a single species or in combination in grass seeds.

· Shall not contain any seed of the following species:

· Palmer Amaranth (Amaranth palmeri), genetic testing will be required on all amaranth species.

2. SEED OFFERS

All awards will be based upon the lowest pure live seed (PLS Price per Pound carried out to three decimals places) price offered and the nearest date of delivery for each item meeting the minimum seed bid specifications (listed on the request spreadsheet) for that line item. Each bid will be ranked lowest bid to highest per line item by PLS price rounded to the nearest three decimal places. Preference may be given to items that can be delivered on or before dates specified on the bid solicitation sheet (Attachment C), but items with later delivery date will be considered if they meet the timeline needs of the State.

Once the lowest PLS bid of a line item, that meets the timeline needs of the State, is exhausted per supplier bid, the State will then move to the next lowest bid until the line item need is fulfilled. Past performance (including, but not limited to: failure to supply awarded seed, late delivery, repeatedly supplying seed below specifications, etc.) of the vendor may be considered when making awards.

Award amount will be for Bulk Price per Pound, rounded to the nearest two decimal places. Bid prices must include delivery to the Great Basin Research Center Seed Warehouse located at 494 West 100 South, Ephraim, Utah. The bidder is responsible for any/all damage occurring in transit. All seed must be delivered on pallets to be retained by the DWR. Weight of pallets cannot exceed 2,500 lbs.

3. SEED ORIGIN AND SOURCE REQUIRMENTS

For all classes of seed (Certified, Non-certified, and SID) offered under this solicitation ORIGIN (where the seed is grown in a cultivated field) shall only be from a country or state of North America (unless otherwise specified).

In the designated column in the bid solicitation sheet, all bidders must indicate certification or pre-variety germplasm (PVG) class (as defined by the Association of Official Seed Certifying Agency [AOSCA]), variety, source or source ID location (as specified in the bid solicitation sheet), quantity offered, germination percent, purity percent, origin of seed (country or US state), delivery date, and bulk price per pound.

The State may purchase Certified and PVG classified (Foundation, Registered, Certified, Tested, Selected, and Source Identified), or Non-certified and Variety not Stated (VNS) seed. Indicate the offered certification classification in the CERTIFICATION column in the bid solicitation sheet using the following letter designations:

· C=Certified (Foundation, Registered, and Certified classifications inclusive),

· T=Tested

· S=Selected

· SID=Source Identified

· NC = Non-Certified

· VNS (Variety Not Stated)

· In the case where the state requests a species as VNS, the bidder still must indicate the CERTIFICATION of the offered seed on the bid solicitation sheet.

SID tags (yellow tags) shall include the source identification location as specified in the bid solicitation sheet. This will include the Omernik Level III Eco-Region and either the Provisional Seed Transfer Zone (PSZ) or Empirical Seed Transfer Zone (ESZ) as defined in the Western Wildland Environmental Threat and Assessment Center (WWETAC) Seed Zone resources webpage (https://www.fs.usda.gov/wwetac/Seedzonemapping.php), or the state, county and elevation. Requested location information will vary depending on species.

If seed with a known varietal name is offered, but is wildland collected (e.g., forage kochia), the seed cannot be referred to with the varietal name and the geographic site (state and county) where collected shall be provided. However, origin must be from North America.

· Preference may be given for certified seed and/or variety or source requested, although a bidder may offer a variety or source other than the variety or source requested if not requested in another line item.

· If seed of a requested Variety or Source is not bid, other similar Varieties or Sources may be considered.

· If the original source material of a developed SID, S, or C germplasm/cultivar comes from within a requested Seed Zone, that material may be offered under the requested seed zone if not specifically requested by source/variety name or certification in another line item.

· The State reserves the right to reject any or all offers and to purchase additional quantities of seed greater than that indicated on the bid solicitation sheet. Please include the maximum quantity of seed to be considered for purchase.

Resources for determining Ecoregion, Provisional Seed Zone, and Empirical Seed Zone:

· Link for Western Wildland Environmental Threat and Assessment Center (WWETAC) Seed Zone resources webpage (contains information on both ecoregions and seed zones): https://research.fs.usda.gov/pnw/products/dataandtools/seed-zone-webmap

· Ecoregion III map: https://dmap-prod-oms-edc.s3.us-east-1.amazonaws.com/ORD/Ecoregions/cec_na/NA_LEVEL_III.pdf

4. DETERMINING PURE LIVE SEED CONTENT

Bidders must insert, in the spaces provided in the bid solicitation sheet, the percent of purity and germination of the seed offered under each item. Failure to furnish this data for an item on which an offer is made, will result in rejection of that item. For the purpose of determining the percentage of pure live seed (% PLS) and the pure live seed price (PLS Price per Pound), the following formulas shall be used:

(% Purity) x (% Germination) = % PLS

Bulk Price per Pound = PLS Price per pound

% PLS

5. SEED INOCULATION AND SEED TREATMENT

All alfalfa and yellow sweetclover seed shall be inoculated with an inoculant specifically manufactured for that species and shall be applied as specified by the manufacturer. Shelf life of the inoculant shall be a minimum of 12 months from delivery of inoculated seed. All seed bags shall be tagged with the name of manufacturer and expiration date of inoculant.

If seed other than alfalfa or yellow sweetclover is inoculated or coated with treatments of other kinds, that seed can be offered, but the inoculant or seed treatment must be identified in the offer and can be a factor in the selection.

A Safety Data Sheet (SDS) should be submitted with the bid of any seed which has been treated with an inoculant or any type of coating.

6. SEED SAMPLING AND TESTING

Acceptance on vendor provided seed report:

For all items with a 10 day after award delivery deadline, the State will accept a vendor provided sample report for each lot of seed provided to the State in lieu of the State’s standard sampling and testing if the sample report meets the following criteria:

1. The report is from a laboratory on the approved seed laboratory list below.

2. The report completion date is 180 days or less prior to the delivery date.

3. The report contains a purity test, Western States noxious exam, and either a TZ or germination test.

The vendor must provide an itemized bill of lading and a copy of a test report for each lot number 2-3 days prior to delivery. If a vendor does not have a report that meets these criteria the State’s standard sampling and testing protocols will be used. Sample reports must meet or exceed the State’s specified minimum requirements for the awarded seed or reductions and penalties outlined in section 7 will apply.

GBRC personnel will randomly select a small portion (no greater than 15%) of lots from all early delivery (10 day after award) lots for spot testing to validate vendor tests. If a lot is selected for random testing, payment on the lot will be held until all testing is completed. The random sample will be sent to the same laboratory as the vendor test provided, with a rush service requested. The State will bear all costs of the random sampling and testing.

If the random test PLS is more than the standard 7 tolerance points below the vendor provided test, the standard price reduction will apply. If the random test finds that a species does not match that indicated on the tag, the test PLS is more than 15 tolerance points below the vendor provided test, weed seed is greater than 1%, designated Bromus spp. greater than 600 seeds/lbs., or a Utah noxious weed designated, the following will occur:

1. The lot will be immediately rejected.

2. Additional testing will occur on the other lots provided by the vendor with the erroneous test to verify other vendor provided tests.

3. Additional penalties may arise based on seed law and the results of tests.

All items awarded under the February 18, 2027 delivery deadline will require the State’s standard sampling and testing protocols outlined below.

Standard Sampling and Testing (used unless otherwise specified below):

For all items greater than 10 pounds, samples will be drawn by a either a trained Utah Crop Improvement Association (UCIA), Utah State Department of Agriculture (UDAF), or Utah Division of Wildlife Resources (UDWR) employee within five business days after delivery to the Great Basin Research Center & Seed Warehouse (GBRC). Sampling for each lot of seed delivered will be done in accordance with the methods prescribed in the Journal of Seed Technology, Rules for Testing Seeds, Association of Official Seed Analysts (AOSA) http://www.aosaseed.com.

Association of Seed Analysts, Inc.

201 North 8th St., Suite 400 P.O. Box 81152 Lincoln, NE 68501-1152

The seed sample will be sent to one of the lab choices listed on the bid solicitation sheet (Attachment C). The testing costs shall be the responsibility of the vendor. The vendor must send a fully filled and signed Seed Analysis Request Form (Attachment D) with each delivery of seed to authorize the seed testing at the specified seed laboratory. Forms must be sent by email to dwrseed@utah.gov, preferably two business days prior to seed arrival at the GBRC warehouse. If the Seed Analysis Request Form is not received prior to delivery, sampling may be delayed beyond five business days. All identifying information, signatures and sample information, including Rush Testing requests, must be specified on the Seed Analysis Request Form. It is the contractor’s responsibility to select a lab that can process the testing in 14 days. If the results are not received within 14 days, a sample may be sent to another lab selected by the State for processing at the contractor’s expense. NO OTHER SEED TESTING LABORATORIES BESIDES THOSE ON THE APPROVED SEED LAB LIST WILL BE ACCEPTED.

Sampling and Testing Procedure:

1. Vendors MUST PROVIDE a fully filled and signed Seed Analysis Request Form (Attachment D) with each lot delivered to the GBRC to authorize the necessary seed lab tests. Any special instructions including Rush testing requests must be included on the form.

2. Seed test analysis will include purity (inert, other crop, weed seed), TZ, and All States Noxious Weed Exam for Western States.

3. Samples will be pulled by trained UCIA, UDAF or GBRC employee’s within five business days after delivery and shipped directly to the specified laboratory of choice.

4. Seed Tests are the property of the State. All test results will be sent to: dwrseed@utah.gov.

5. Seed delivery must meet contract/order delivery dates.

For replacement seed the same procedures apply.

For small quantity purchases of 10 pounds or less a vendor may provide a copy of a test from a seed testing laboratory on the approved lab list that was completed within 6 months of the delivery date. This test will be accepted in lieu of the standard third-party sample and testing. If no current test is available the State may request additional seed above the purchase amount to ensure a high enough quantity to follow the standard testing protocol listed above.

Generally, a tetrazolium test will be used to determine seed viability. However, if time permits, the State may elect to use a germination test to determine seed viability. The seed samples will also be tested for purity (inert, other crop, weed seed, and noxious weed content).

The analysis report obtained from the sample taken shall determine final acceptance and/or payments. Payment will be based on this test result.

High Confidence Sampling and Testing (used for below specified species or for any lot if requested by the contractor):

All procedures and requirements are the same as the Standard Sampling and Testing with the following additions:

1. Two fully independent samples (i.e. each sample pulled using AOSA methods repeated for each sample, not a divided sample) will be sampled by the authorized sampler in accordance with the outlined AOSA rules. The independent samples will be designated as Sample 1 and Sample 2 for each lot.

2. TWO sample bags (One of Sample 1 and One of Sample 2) will be sent to only one of the Seed Testing Labs listed in the bid solicitation sheet (Attachment C).

3. Both Sample 1 and Sample 2 seed test analysis will include purity (inert, other crop, weed seed), TZ, and All States Noxious Weed Exam for Western States.

4. The purity and viability results from the seed test analysis of Sample 1 and Sample 2 will be averaged to determine the final PLS of the seed lot. Other crop and weed amounts will not be averaged and if either sample exceeds seed law or State of Utah minimums, or contains a Utah noxious weed, the lot will be rejected.

High confidence testing will be required for the outlined species below, but a vendor may opt to request the high confidence testing protocol on any species they provide at the vendors expense so long as it does not delay delivery of seed beyond the required delivery date. If a vendor opts to use this protocol on species other than those required, the vendor must mark the High Confidence Testing box on Seed Analysis Request Form (Attachment D) for each lot it will be used on. Both samples will be pulled and submitted to the designated laboratory at the same time. Later sampling and/or retesting of the lot are not an option.

Species that require High Confidence Sampling and Testing for this solicitation are:

· Rabbitbrush, Low (Chrysothamnus viscidiflorus)

· Rabbitbrush, Whitestem Rubber (Chrysothamnus nauseosus)

· Kochia, Forage (Kochia prostrata)

· Sagebrush, Black (Artemisia nova)

· Sagebrush, Basin big (Artemisia tridentata tridentata)

· Sagebrush, Mountain big (Artemisia tridentata vaseyana)

· Sagebrush, Wyoming big (Artemisia tridentata wyomingensis)

Approved Seed Lab List:

OFFICIAL STATE SEED LABORATORIES—Arizona, California, Colorado, Idaho, Indiana, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.

PRIVATE SEED LABORATORIES—Precision Seed Testing (Applewood Seed Co.), and Agri Seed Testing Inc.

Any USDA Approved Accredited Seed Entity with the appropriate accreditation scope.

7. INSPECTION AND ACCEPTANCE

All seed is subject to visual inspection and, depending on species, a possible moisture test upon delivery to the warehouse location. The State may reject a seed lot based on the visual inspection if packaging is damaged or inadequate, seed is infested with insects or rodents, seed does not match the awarded bid item(s), or for other obvious condition issues. Seed may also be rejected based on the outcome from the moisture test for required species.

ACCEPTANCE FOR PURITY OR GERMINATION

Based on the official seed laboratory and test results, seed delivered under this contract will be allowed PLS tolerance (percentage) points if the PLS, with the tolerance points, is equal to or above the States minimum (noted for each species in the seed bid spreadsheet). If the tested PLS is within the given tolerance points as stated in Table 1 (Allowable Tolerance Points) and meets all standards including the States minimum, then the State will accept the seed and make payment to the contractor at the unit price quoted in the seed bid spreadsheet. For high PLS lots (State minimum greater than 60% PLS), if the offered PLS is 3 percent or less above the States minimum, a tolerance of 3 percent will be given from the offered PLS regardless of if it is below the States minimum. For low PLS lots (State minimum less than 60%), no additional tolerance below the States minimum will be accepted. If offered seed does not meet the States PLS minimum standards or the specified tolerance, it will be subject to a price reduction or may be rejected per the States discretion.

Table 1: Allowable tolerance points of offered PLS versus Tested PLS.

Situation 1). If the PLS from the official test is less than the offered PLS, and below the acceptable tolerance points in Table 1 and all other State minimum quality standards have been met, the State will purchase the seed at a calculated price reduction. Payment at a reduced unit price shall be the full compensation due and payable to the Contractor for seed accepted under this condition.

Situation 2). If the PLS from the official test is less than the offered PLS AND below the States minimum, OR if offered PLS was within 3 percent or less of the States minimum (for lots greater than a 60% PLS minimum) and the official test is more than 3 percent below the offered PLS, the following options are available to the State:

· Elect to reject the seed and require the Contractor to recondition or replace the lot of seed with another lot of seed meeting all seed quality testing standards (will require same sampling and testing protocol as initial lot).

· Elect to reject the seed without replacement. If seed does not meet contract specifications and time does not allow replacement, the seed may be rejected, and the contract terminated for convenience.

· Elect to purchase the seed at a price reduction. Payment at a reduced unit price shall be the full compensation due and payable to the Contractor for seed accepted under this condition.

Any reduced payment will be computed using the following formula:

Reduced Unit Price = Tested % PLS X Offered Unit Price Offered % PLS

THE STATE IS NOT OBLIGATED TO ACCEPT ANY SEED LOT THAT FALLS BELOW THE STATE MINIMUM AND THE TOLERANCE POINTS IN TABLE 1.

VARIANCE OF HIGH CONFIDENCE TESTING

If the tested PLS of any high confidence (two sample) tests falls within the range of difference to warrant an erroneous test (Table 1), the contractor can request to retest the seed. Another high confidence (two sample) test will be sent to the contractor’s second lab choice. The contractor is responsible for payment to the lab. If results of the second round of testing still warrant an erroneous test, the lot will be rejected.

ACCEPTANCE FOR MOISTURE CONTENT

Moisture content of all Sagebrush, Rabbitbrush, and Forage Kochia seed as delivered to the State will be sampled and tested for moisture by a GBRC Seed Warehouse employee using an A&D MX-50 Moisture Analyzer. All Sagebrush, Forage Kochia, and Rabbitbrush shall be less than or equal to 12% moisture by weight. If seed is sampled for moisture, seed will be sampled within 18 hours of delivery. If the Contractor delivers seed that exceeds the maximum allowable moisture content such seed shall be rejected by the State, unless it is in the best interest of the State to accept the seed. If the seed is utilized then the reduction amounts in Table 2 shall apply. The reduction shall be applied to the bulk price per pound at time of payment, after any prior reductions taken for late delivery and/or low PLS.

Table 2: Price reduction schedule to seed requiring a specific moisture content.

MOISTURE CONTENT (% which exceeds the maximum allowable)

REDUCTION APPLIED TO THE BULK PRICE PER POUND

0.01 - 1%

1%

1.01 - 2%

5%

2.01 - 3%

10%

3.01- 4%

20% more than 4.01%

Will not be accepted

8. REJECTED SEED

The contractor will be given one opportunity to replace rejected seed. If a seed lot is rejected, the contractor must promptly replace the order within 10 days or risk having the order awarded to the next lowest bidder. If a replacement lot is also rejected, the State may cancel the order and award the bid to the next lowest bidder. The contractor must also remove or cause to be removed the rejected seed. All freight and drayage charges in connection with rejected seed will be borne by the contractor. If the rejected seed is not removed from the State’s warehouse within ten (10) calendar days from the date of notification (certified letter from the State), the State may charge the contractor storage costs or may arrange for the seed to be shipped to the Contractor C.O.D. If storage costs are charged, they will be based on commercial rates for the area involved and will be deducted from payments otherwise due the contractor, for each day exceeding the 10-day limit, until the seed is removed.

If the lot is removed, reconditioned and resubmitted as the replacement lot, the contractor must assign a new lot number to that seed. If this lot was certified, the contractor must have that lot re-certified by the appropriate state agency.

9. RETESTS

Retests are not an option in this solicitation. Results may be verified with the testing laboratory, but new samples and testing will not be allowed.

10. DELIVERY

Seed will be delivered to the following address:

Utah Division of Wildlife Resources Great Basin Research Center 494 West 100 South Ephraim, Utah, 84627

Seed must be delivered by the specified delivery deadline on the seed bid spreadsheet. The delivery date must be recorded on the seed bid spreadsheet. This solicitation is split into two preferred delivery deadlines; 1) 10 days after award, and 2) February 18, 2027. Later delivery dates will be considered on a per item basis. Failure to record the delivery date may void the bid item. Items awarded under the later delivery deadline (February 18) should not be delivered before January 4, 2027.

All seed must be delivered on pallets to be retained by DWR. Weight of pallets cannot exceed 2,500 lbs. A slip-sheet (piece of cardboard the same size of the pallet) shall be placed on top of the pallet before seed bags are stacked on the pallet. If multiple species or lot numbers are included on a single pallet, a slip-sheet will be placed between lots and/or species to clearly separate the mixed pallet.

A packing slip or bill of lading must be included with each seed delivery and/or truckload. The packing document must include:

· Itemized list of the seed type (species/variety)

· Lot # of each lot included in the delivery

· Pounds for each lot and total delivery and/or truckload.

Each bag of seed must have a label or analysis tag attached and clearly visible when seed is stacked on a pallet. Any seed bid as Certified, Source Identified, and Select Class must have appropriate tags attached to each bag. Any inoculated or treated seed must also have tags indicating the treatment done to the seed. If delivered seed does not have the appropriate tags matching the offer, the State reserves the right to reject the seed.

Analysis tags must contain all information required by Utah State Seed Laws (Utah Code, Title 4, Chapter 16, Utah Seed Act and Utah Administrative Code R68-8). In addition to Seed Law information, analysis tags must contain the following information:

· Species (Common and Latin name)

· Variety, Source (Seed Transfer Zone or County as specified in bid spreadsheet), or Variety Not Stated (VNS)

· State of Utah assigned PO# to the order

The Contractor is required to make an appointment with the Great Basin Research Center warehouse (435-283-4441) at least three (3) working days prior to delivery to arrange for unloading. Delivery shall be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday, holidays excluded. Observed holiday’s include: Columbus Day (October 12), Veteran’s Day (November 11), Thanksgiving (November 27), Christmas (December 24), New Year’s Day (December 31), and Martin Luther King Jr. Day (January 18), and President’s Day (February 15).

Refrigerated trucking may be required for Sagebrush, Forage Kochia, and other sensitive species if it is deemed by the State that weather is too warm and/or the drayage is too distant to ensure the viability of the seed. The state will contact the vendor and notify them if it is deemed that refrigerated shipping is needed. If required, refrigerated shipping should keep the seed at 34 degrees F or less.

All costs of transportation from shipping point(s) to destination shall be paid by the Contractor and included in the price offered for the item(s). The Contractor shall be responsible for any/all damage occurring in transit.

The Contractor is responsible for the delivery of each item. If the Contractor delivers and the State receives quantities of any item in excess of the quantity called for, such excess quantities will be treated as being delivered for the convenience of the Contractor. The State may retain such excess quantities up to $500 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $500 will, at the option of the State, either be returned at the Contractor's expense or retained and paid for by the State at the contract unit price.

LATE DELIVERY:

Late deliveries may be canceled. Communicating any potential late deliveries as early as possible reduces the chance of order cancelation.

11. INVOICE

The Contractor shall submit an original invoice to the UDWR-Great Basin Research Center and Seed Warehouse at the address designated to receive seed or emailed to dwrseed@utah.gov. An invoice must include:

1. Invoice number.

2. Name and address of the Contractor;

3. Invoice date;

4. Contract and Purchase Order Numbers.

5. Description, quantity, unit of measure, unit price and extended price of the items delivered, and lot number of each individual item.

6. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on State bill of lading;

7. Name and address of official to whom payment is to be sent; and

8. Name, title, and phone number of person to be notified in event of defective invoice.

12. ADDITIONAL PURCHASES

After the initial awards are made the State may procure more seed due to fires or other needs at the bid prices if the vendor is still willing to sell additional seed at the original bid price.