L2024301_Yolo_Bypass_Rice_RFP_FINAL.pdf

State of California -The Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Bay Delta Region – Region 3 2825 Cordelia Road, Suite 100 Fairfield, CA 94534 www.wildlife.ca.gov

(Rev. 2/2/2024) Conserving California’s Wildlife Since 1870 Page 1

June 7, 2024

REQUEST FOR PROPOSAL

Yolo Bypass Wildlife Area Agricultural Lease

L2024301

Legal Basis of Authority

Pursuant to Fish and Game Code Sections 1010 and 1745.1(a), the California Department of Fish and Wildlife (CDFW), serving as an agent of the State of California (STATE), offers this Request for Proposal (RFP) to issue an Agricultural Lease. The proposed agricultural activity will be conducted with non-exclusive rights on approximately

2,051.3 acres of real property known as the Premises, within the larger Yolo Bypass Wildlife Area (YBWA) in the County of Yolo.

A successful proposal will convey flexibility, innovative ideas, and an understanding of the unique aspects of operating on a publicly owned property with the overall goals of flood control and management of habitat for ecological value and public use. The CDFW is requesting proposals from agricultural growers who have experience working on public or conservation easement protected lands, and can address the specific wildlife habitat goals found within this RFP, stated generally on pages five through eight and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a five-year lease agreement.

Proposals must be received no later than July 29, 2024, at 4:00 PM. A minimum of one original and five copies of the proposal must be submitted.

In the opinion of the CDFW, this RFP is complete and without need of explanation.

However, if you have questions, or need clarifying information, you may submit your inquiry in writing to the following Administrative Contact person. You may also ask questions at the site inspection.

CDFW Administrative Contact: CDFW Site Manager:

Name: Javier Gloria Name: Garrett Spaan

Title: Administrative Officer III Title: Yolo Bypass WA Manager

Address: 2825 Cordelia Road, Suite 100 Fairfield, CA 94534

Address: 45211 County Rd 32B Davis, CA 95618

Phone: (707) 428-2002 Phone: (530) 757-2431

Email: Javier.gloria@wildlife.ca.gov Email: Garrett.spaan@wildlife.ca.gov http://www.wildlife.ca.gov/ mailto:Javier.gloria@wildlife.ca.gov mailto:Garrett.spaan@wildlife.ca.gov

Site Inspection Location

45211 County Rd 32B Davis, CA 95618

It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on June 21, 2024, at 9:00 AM.

NOTE: No verbal information given will be binding upon the STATE or the CDFW, unless such information is issued in writing as an official addendum.

California Department of Fish and Wildlife Request for Proposal – L2024301

TABLE OF CONTENTS

SECTION PAGE

A. Objectives for Lease

B. Property Description and Agricultural Overview

C. Bidder ’s Minimum Qualifications

D. Proposals

E. Lease Term and Rent

F. Proposal Requirements and Information

1. Key Action Dates

2. Mandatory Pre-Proposal Conference and Site Inspection

3. Questions and Answers

4. Proposal Format Requirements

5. Submission of Proposal

6. Evaluation and Ranking

7. Interviews (If Needed)

8. Basis of Award

9. Disposition of Proposal

10. Protest

11. Finalization of Site Operation Plan (Exhibit B)

12. Agricultural Lease Award

13. Lease Execution and Performance

14. Sample Agricultural Lease Template

15. Generative Artificial Intelligence (GenAI) Requirement

16. Exhibit A – Map .................................................................................................. i

17. Exhibit A-1 – Legal Description of Site .............................................................iii

18. Exhibit B – Site Operation Plan........................................................................ iv

G. Required Attachments...........................................................................................xiii

Attachment 1 – Required Attachment Check List ...............................................xiii Attachment 2 – Transmittal Letter ........................................................................ xv Attachment 3 – Statement of Qualifications........................................................ xvi Attachment 4 – Description of Personnel and Organizational Structure.......... xvii Attachment 5 – Proposal for Goal 1 ...................................................................xviii

Attachment 6 – Proposal for Goal 2 ...................................................................xviii Attachment 7 – Proposal for Goal 3 ..................................................................xviii Attachment 8 – Proposal for Goal 4 ..................................................................xviii Attachment 9 – Disclosure Statements ............................................................... xix

Attachment 10 – Chemical Use Form .................................................................. xx Attachment 11 – Rent Proposal Form................................................................. xxi Attachment 12 – Bidder References and Reference Letters ............................ xxii Attachment 13 – Site Inspection Certification ....................................................xxiii

Attachment 14 – Proposal Certification Form .................................................... xxv Attachment 15 – Authorization Document ........................................................ xxvi

A. Objectives for Lease

The CDFW seeks a Lessee who can conduct an agricultural operation on the Premises within YBWA, that will be consistent with the overall goals of flood control and management of habitat for ecological value and public use. Farming on the Premises will be expected to follow the general guidelines described in the Land Management Plan for the YBWA which can be found at (https://www.wildlife.ca.gov/Lands/Planning/Yolo- Bypass-WA) or provided upon request. A long-term objective of the CDFW is to use farming activities to encourage and support wildlife habitat on the YBWA.

Agriculture provides habitat benefits to wildlife through waste grain, and water distribution on the landscape at times when water availability is limited within the Yolo Basin. Agricultural fields flooded during the winter provide a food source both with waste grain and invertebrates.

B. Property Description and Farming Overview

The YBWA is located within the Yolo Basin of the Sacramento Valley and is part of the CDFW’s Bay-Delta Region (Exhibit A – Map). It is composed of 16,770 acres that are almost entirely within the Yolo Bypass in Yolo County (an integral flood conveyance component of the Sacramento River Flood Control Project), between the cities of Davis and West Sacramento.

Flood Risk: Farming activities on the YBWA are significantly impacted by flooding in the Yolo Bypass. Prospective Lessees should consider the limitations and risks in their proposals. Statistics from the last 70 years show that significant reduction in crop and pasture values caused by flood damage has occurred in 20% of years with some form of flooding in 60-70% of years. Additionally, the Yolo Bypass Salmonid Habitat Restoration Project (Big Notch) will cause the flood window to increase by approximately two weeks between November 1 and March 15. For a detailed discussion of flood inundation of the YBWA refer to discussion in Geomorphology, Hydrology and Water Quality Section of 2008 YBWA Land Management Plan starting on page 117. For detailed information on the changes being made to the Big Notch project, refer to the Department of Water Resource’s website linked here:

https://water.ca.gov/Programs/Integrated-Science-and-Engineering/Restoration-

Mitigation-Compliance/Yolo-Bypass-Projects

Farming: Potential Lessees are advised that all acreage stated throughout this RFP is approximate. The agricultural lease will occur on the Premises of the northern portion of the YBWA in Yolo County bordered by the YBWA property lines to the west, north and east, and by Putah Creek to the south (excluding fields north of Highway 80 and south of the railroad trestles that will be included in a separate vegetation control permit). The Premises consists of 2,051.3 acres are rice fields of which a minimum of 100 acres are required to be managed for shorebird habitat annually.

https://www.wildlife.ca.gov/Lands/Planning/Yolo-%20Bypass-WA https://water.ca.gov/Programs/Integrated-Science-and-Engineering/Restoration-Mitigation-Compliance/Yolo-Bypass-Projects https://water.ca.gov/Programs/Integrated-Science-and-Engineering/Restoration-Mitigation-Compliance/Yolo-Bypass-Projects

CDFW is currently considering a project that would convert one field, approximately 117 acres within the Premises designated for rice, for wildlife habitat during the course of the lease term. When CDFW makes such a determination to remove land from the designated lease area, the annual fee will be adjusted accordingly, and the Lessee shall pay a pro-rated rate.

The source of irrigation water for the majority of the rice fields within the Premises

(1,951.3 acres) is the Lisbon Weir (a pool of tidally influenced water in the Toe Drain which is shared with neighboring water users). This water system is served by two primary pumping plants and one secondary pumping plant that are owned by CDFW and shared between the Lessee and CDFW for agricultural and wildlife habitat uses.

When there is overlap in water use timing or water quantity issues, the Lesse is required to coordinate water use with CDFW. In addition, some of the irrigation facilities are shared between the Lessee, CDFW and parties to the Mace Ranch Irrigation System Grant of Easements and Water Delivery Agreement. Lessee must be willing to manage their operation’s irrigation needs accordingly.

Annually there will be a water and maintenance fee charged (currently an average of $60/acre) in addition to rent for planted rice fields within the Premises served by the Lisbon Weir water facilities. Fees may be adjusted annually with current energy and maintenance costs for pumping stations. The water fee is intended to cover the energy costs and long-term major repairs and rehabilitation of the water delivery system per the Mace Ranch Agreement. At the end of each growing season the

Lessee will be required to have a post-season pump inspection by a certified electrician (approved by the YBWA State Representative) paid for by the Lessee to ensure pumps are functioning correctly. Repairs identified in the inspection will be paid for by the Lessee. The Lessee will be responsible for ensuring that the delivery and drainage systems are functional, including conducting weed maintenance in the ditches at the start and throughout the growing season. This includes minor repairs and maintenance, clearing flood/beaver debris, and notifying CDFW immediately of any mechanical problems with the pumps. Turbine oil 32 or equivalent (agreed upon in advance by CDFW Site Manager should be used for pump lubrication (no hydraulic fluid). If non-turbine oil or equivalent is utilized, then a pump inspection shall be performed at the expense of the Lessee as well as any repairs associated with the use of non-turbine oil or its equivalent.

Portions of the YBWA are open to the public year-round and enjoyed by visitors for outdoor recreation opportunities such as nature observation, fishing, and hunting. A portion of the acres comprising the agricultural lease area are open to the general public year-round. Dove, waterfowl, and pheasant hunting are utilized by the public within portions of the agricultural lease area during their respective seasons (dove in September and waterfowl/pheasant from October through the beginning of February). Actively farmed fields are not open to hunting until those fields have completed harvesting and post-harvest field preparations are complete. Bat viewing tours, operated throughout the summer months, require use of roads through the rice fields. These roads must be kept in good condition to support the use of passenger vehicles. No alteration of roads (e.g. cutting roads for drainage/delivery) shall be permitted without prior approval from the area manager.

A variety of wildlife species have been observed on the Premises within YBWA, including waterfowl, shorebirds, neo-tropical migrants, raptors, coyotes, river otters, and black-tailed deer.

The main entrance to the Premises is from County Road 32B at the western bypass levee adjacent to Interstate 80. This entrance is gated and YBWA staff open the gate every day (except for Christmas) at sunrise and close it at sunset (except Wednesday, Saturday, and Sunday during waterfowl season when it is opened earlier and closed later). Gate keys can be checked out to the Lessee if needed.

Boundaries of the Wildlife Area are posted.

The Lessee will be required to participate in a minimum of three annual planning meetings (pre-season, mid-season, post-season) with the CDFW to coordinate Lessee activities on the Premises with other activities on the YBWA. In accordance with a CDFW Agreement with Sacramento/Yolo Mosquito & Vector Control no organic rice may be grown on the YBWA. Non-stripper headers will be required for all rice harvest.

From March 1 through November 30 of each year of the Lease, the Lessee or Lessee’s representative must be available within two hours of being contacted by the CDFW staff to respond to immediate concerns on the Premises.

A minimum of 100 acres shall be managed for shorebird habitat annually in a location that is accessible by the public. Specific locations for lease activities will be determined annually through coordination between the Lessee and the CDFW YBWA Site Manager.

Water infrastructure development and water fees associated with activities conducted by the Lessee under this Lease, including enrollment and all costs associated with the Irrigated Lands Program, will be the responsibility of the Lessee.

It is the responsibility of the Lessee to make sure that all costs and responsibilities relative to water infrastructure development and water fees are considered and incorporated into the Proposal submitted to CDFW for consideration.

C. Bidder’s Minimum Qualifications

Bidders will be required to submit a statement of qualifications that describes how they meet each of the following minimum qualifications:

1. Two references and reference letters in the past five years or one reference in the past two years that can attest to the potential Lessee’s experience in the implementation of a farming agreement performed on public or conservation easement protected lands.

2. Five or more years of experience of wildlife-friendly farming practices (preferably focused on habitat enhancement or restoration).

3. Ability to respond to emergencies on YBWA within two hours during the farming period.

4. A minimum rent proposal of $341,000.

D. Proposals

All proposals must conform to the following parameters:

1. Farming activities may not begin prior to March 1, 2025, and may not continue past November 30, 2026.

2. Only crops listed in Exhibit B – Site Operation Plan may be planted, rice being the preferred crop.

Proposal packages must be prepared in accordance with the Proposal Format Requirements identified in Section F-4 of this RFP. Written proposals must contain sufficient information for the CDFW to determine which potential Lessee will be the best suited to enter into a Lease agreement with the CDFW on terms most advantageous to the CDFW. Proposals may include information that is not specifically requested in this RFP if such information is pertinent to the proposal.

In ranking proposals, CDFW will consider how the proposed activities may further or conflict with CDFW goals for the Premises.

E. Lease Term and Rent

If awarded, the term of this Lease shall be five years commencing March 1, 2025, or upon approval of the STATE, whichever is later (Commencement Date) and terminating on February 28, 2030, with such rights of termination as are set forth in the Lease. The STATE shall have the right to delay the Commencement Date if the STATE determines that the condition of the Premises warrant such a delay.

The annual agricultural period will be nine months, starting March 1, each year during the Lease term and ending November 30, each year during the Lease term.

The annual lease rent will be calculated as the product of the proposed rent amount per acre per year times 2051.3 acres per year. Prospective bidders should consider that the total acres included in the annual lease rent includes a minimum of 100 acres of annual shorebird habitat that will be fallowed each year and bid amounts should reflect total overall acres.

The lease rent shall be due and payable in lawful United States funds, without demand, offset or deduction, as shown in the Payment Schedule below. If the Commencement Date is delayed, then STATE may adjust the lease rent for the first year of the Term as provided in the Lease.

PAYMENT SCHEDULE

# PAYMENT DUE AMOUNT PERIOD COVERED

1 February 15, 2025, or Upon Execution (whichever is later)

Half of Annual

Rent Amount

March 1, 2025 – November 30, 2025

2 August 15, 2025 Half of Annual Rent Amount

March 1, 2025 – November 30, 2025

3 February 15, 2026 Half of Annual Rent Amount

March 1, 2026 – November 30, 2026

4 August 15, 2026 Half of Annual Rent Amount

March 1, 2026 – November 30, 2026

5 February 15, 2027 Half of Annual Rent Amount

March 1, 2027 – November 30, 2027

6 August 15, 2027 Half of Annual Rent Amount

March 1, 2027 – November 30, 2027

7 February 15, 2028 Half of Annual Rent Amount

March 1, 2028 – November 30, 2028

8 August 15, 2028 Half of Annual Rent Amount

March 1, 2028 – November 30, 2028

9 February 15, 2029 Half of Annual Rent Amount

March 1, 2029 – November 30, 2029

10 August 15, 2029 Half of Annual Rent Amount

March 1, 2029 – November 30, 2029

A separate annual water and maintenance fee (currently an average approximately of $60/acre) applies to the acres (up to 1,951.3 acres annually) planted to crops that are served by the Lisbon Weir system. The water fee shall be due and payable to CDFW annually within 30 days of invoicing by CDFW.

No credit against the rent or any other sums payable under the Lease shall be provided to Lessee for any contributions (including, without limitation, work done or materials or supplies furnished) by Lessee.

F. Proposal Requirements and Information

1. Key Action Dates

EVENT DATE

RFP Available June 7, 2024 – July 28, 2024

Mandatory Site Inspection June 21, 2024, at 9:00 AM

Proposal Submission Deadline and Time

July 29, 2024, at 4:00 PM

Proposal Evaluation and Ranking August 13, 2024

Interviews, If Necessary August 15, 2024

Final Selection/Notice of Intent to Award

August 21, 2024

Proposed Award Date August 27, 2024

Finalize Exhibit B August 28, 2024

Proposed Commencement Date March 1, 2025

2. Mandatory Pre-Proposal Conference and Site Inspection

a. A mandatory site inspection is scheduled at 9:00 AM on June 21, 2024, at Yolo Bypass Wildlife Area Headquarters: 45211 County Road 32B, Davis, CA 95618 for the purpose of discussing questions regarding this RFP and touring the site. No verbal information given will be binding upon the STATE unless such information is issued in writing as an official addendum, so the site inspection questions and original or corrected answers will be compiled and posted either separately, or in combination with the questions and answers addressed in Section 3, below.

b. In the event a bidder is unable to attend the mandatory pre-proposal site inspection, an authorized representative may attend on their behalf. The representative may only sign in for one bidder. No proposal will be accepted unless the bidder or bidder’s authorized representative was in attendance.

c. For bidders who need assistance due to a disability, reasonable accommodations will be provided by the CDFW upon request for the mandatory site inspection. The bidder must contact the CDFW Administrative Contact person listed on page one no later than the fifth working day prior to the scheduled date and time of the site inspection to arrange for a reasonable accommodation.

3. Questions and Answers

Bidders requiring clarification of the intent or content of this RFP, or on procedural matters regarding the competitive Proposal process, may request clarification by submitting questions in an email, or envelope clearly marked, "Questions Relating to RFP L2024301” to the CDFW Administrative Contact person listed on page one. To ensure a response, questions must be received by the CDFW no less than seven business days prior to the proposal submission deadline. At the sole discretion of the CDFW, questions may be paraphrased by the CDFW for clarity.

Written responses to all questions will be collectively compiled and posted on caleprocure.ca.gov no later than five days prior to the submission deadline. It is the responsibility of the bidder to check for the list of questions and answers associated with this RFP.

https://caleprocure.ca.gov/pages/index.aspx

4. Proposal Format Requirements

For each of the required items listed below, the bidder’s name and page number should be placed in the upper right corner of each page. All written responses must be submitted on 8.5 x 11-inch paper using ¾” margins, 12-point Arial font, single spaced, and avoid non-standard abbreviations. Each attachment shall not exceed two single-sided 8.5”x11” pages. Hand-written attachments are not prohibited but must be legible or they will be rejected. A minimum of one original and five copies of the proposal must be submitted. Proposals should be organized as follows:

Attachment 1 – Required Attachment Checklist

Form provided in this RFP. A checklist to be included with the submission of proposals to ensure that the proposal is complete.

Attachment 2 – Transmittal Letter

1. List the bidder’s name, mailing address, phone, and e-mail. The bidder must sign the transmittal letter in ink and be authorized to bind the proposing firm.

The name and title of the person signing the proposal must be typed below the signature.

2. The transmittal letter must state whether the bidder, or any individual who will perform work under the Lease, has a possible conflict of interest (e.g., employment by the CDFW) and, if so, the nature of that conflict. The CDFW reserves the right to cancel an award if any interest disclosed from any source could either give the appearance of a conflict of interest, or cause speculation as to the objectivity of the bidder. Such determination regarding any questions of conflict of interest shall be solely within the discretion of the CDFW.

Attachment 3 – Statement of Qualifications The statement of qualifications will describe the knowledge, education, experience, and abilities leading to the bidder in meeting or exceeding each of the minimum qualifications. The statement of qualifications will also include the number of reference letters required in Section C, minimum qualifications, above.

Attachment 4 – Description of Personnel and Organizational Structure

1. List all personnel who will be working on the Lease and their titles;

2. Brief, descriptive statement indicating the bidder’s credentials to perform the activities sought under this RFP;

3. Brief description of the bidder’s background, organizational history, and years in business;

4. Brief statement of how long the bidder has been performing the activities required by this RFP;

5. Location of office(s).

Attachments 5 through 8 – Proposals for Each Goal (1-4) Provide one written proposal of how you or your firm would operate to accomplish each of the four goals listed below. Each proposal must be submitted on separate sheet(s) of paper. Proposals must contain enough detail for the CDFW to score each proposal according to the established criteria. A sample proposal evaluation and scoring sheet is included herein.

Lease Goals:

1. Migratory Shorebird Mudflat Habitat (minimum of 100 fallowed acres annually with at least 50 acres visible from the public auto tour loop.)

- Shorebird habitat preparation will include stubble discing (2x), finish discing (1x), reconstructing contour berms with a ridger as needed, preparing water control structures as needed and flooding/maintaining to 2” average depth. Each shorebird field will be flooded one time in coordination with CDFW . Fields will be flooded for 30-day intervals

(approximately 50 acres each period) over two staggered periods (July 1 to August 31 and August 1 to September 31). The 30-day period begins once 75% of the shorebird field is flooded. Shorebird fields may be rotated from year to year in coordination with the CDFW Site Manager. Post shorebird field manipulation requires approval of the CDFW Site Manager.

2. Road Maintenance - Maintain roads within the Premises in good working condition during the agricultural season. Access to all roads used for management and educational purposes must be maintained throughout the agricultural season.

3. Water System Maintenance - The water system shall be managed and maintained in good working order and development of the system is encouraged. Aquatic weeds impacting water systems shall be addressed in a timely manner.

4. Field Preparation (Pre- and Post-Harvest), Management and Flooding of All Agriculture and Shorebird Fields – Coordinate with the CDFW for seasonal flood up, draw down, and mosquito abatement activities, to provide habitat for migratory waterfowl and shorebirds.

Attachment 9– Disclosure Statements

1. Description of any/all claims or legal actions that have been asserted or prosecuted against the bidder within the last five years arising out of acts or omissions of the bidder in connection with Leases or Farming operations or agreements otherwise similar to those proposed under this RFP. State the status of each claim and legal action. Claims should be fully disclosed regardless of whether they involved litigation, arbitration, or other formal or informal dispute resolution processes. The disclosures required under this provision also apply to any of the individuals who will be a part of the agreement.

2. A statement as to whether, in the last ten years, the bidder has filed (or had filed against him/her/them) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, an explanation providing relevant details.

Attachment 10 – Chemical Use Disclosure Statements Included a list of anticipated agricultural chemicals that will be used (pesticides, fertilizers etc.), their anticipated application times, and their intended purpose.

Attachment 11 – Rent Proposal Form Form provided in this RFP. Provide a proposed rent per acre per year. All costs associated with the proposed performance of the Desired Outcomes and complying with the provisions of the Lease should be considered by the bidder when submitting this rent proposal.

Attachment 12 – Bidder References and Reference Letters

Form provided in this RFP. Provide the applicable references and reference letters as detailed in the Minimum Qualifications section.

Attachment 13 – Site Inspection Certification

Form provided in this RFP. This form must be signed by the bidder, or an authorized representative, and co-signed by the Site Manager on the day of the mandatory site inspection to certify attendance.

Attachment 14 – Proposal Certification Form Form provided in this RFP. (Instructions on page 2 of this form).

Attachment 15 – Authorization Document

Attach the appropriate document to the provided check-form as described. See page xxvi below.

5. Submission of Proposal

a. All proposals must be submitted under sealed cover and received by the

CDFW at the location indicated below on or before the date and time identified above in Section F, Proposal Requirements and Information, Item

(1) Key Action Dates. The sealed cover must be plainly marked with the RFP number and title, must show the complete bidder name and address, and must be marked with "DO NOT OPEN," as shown in the following example:

Yolo Bypass Wildlife Area Agricultural Lease

California Department of Fish and Wildlife

Bidder Name

Bidder Address

Bidder City, State Zip

DO NOT OPEN

Proposals not submitted under sealed cover will be rejected and returned unopened to the bidder.

Any proposal received at the above address after the proposal submission date and time specified in Section F-1 (Key Action Dates) will NOT be considered. It is the CDFW's policy to make every effort to ensure that all proposals have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their proposal.

Bidders may verify receipt of their proposal by contacting the Administrative Contact identified in this RFP prior to the proposal evaluation and ranking.

A minimum of one original and five copies of the proposal must be submitted.

b. Bidders assume the risk of the method of dispatch chosen. The CDFW assumes no responsibility for delays caused by any delivery service.

Postmarking by the due date shall not substitute for actual proposal receipt by the CDFW. The time of delivery will be determined by the clock in the CDFW’s office. Late proposals will not be accepted, and no additional time will be granted to any bidder. Proposals may not be delivered orally, by facsimile transmission, or by other telecommunication, or electronic means.

c. All proposals shall include the documents identified in Section G-4, Required

Attachment Checklist (Attachment 1). Proposals not including the proper required attachments shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidder.

e. Mail or deliver proposals to the following address:

Javier Gloria, Administrative Officer III

California Department of Fish and Wildlife

Bidder Name

2825 Cordelia Road, Suite 100

Fairfield, CA 94534

DO NOT OPEN

f. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The CDFW may reject any or all proposals and may waive an immaterial deviation in a proposal. The CDFW's waiver of an immaterial deviation shall in no way modify this RFP or excuse the bidder from full compliance with all requirements, if awarded the Lease.

g. Costs incurred by the bidder for developing proposals, participation in mandatory site inspection and/or interviews, and any other costs incurred in connection with this RFP, and in anticipation of a Lease award, are entirely the responsibility of the bidder and shall not be charged to the STATE or the

CDFW.

h. An individual who is authorized to bind the bidder shall sign the Proposal Certification Form. If the bidder is a corporation, partnership, or other legal entity, the signature should indicate the title or position that the individual holds in the entity. Any unsigned proposal will be rejected.

i. A bidder may modify a proposal after its submission only by withdrawing the original proposal and resubmitting a new proposal prior to the proposal submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j. A bidder may withdraw a proposal by submitting a written withdrawal request to the CDFW, signed by the bidder or an authorized agent. A bidder may thereafter submit a new proposal prior to the proposal submission deadline.

Proposals may not be withdrawn without cause after the proposal submission deadline.

k. The CDFW may modify this RFP prior to the time fixed for submission of proposals by issuing an addendum to all parties who received a proposal package.

l. The CDFW reserves the right to reject all proposals. The CDFW is not required to award a Lease.

m. Before submitting a response to this solicitation, bidders should review the response, correct all errors, and confirm compliance with the RFP requirements.

n. The bidder is required only upon the date and time specified for the site inspection identified in this RFP to inspect the Premises and investigate the conditions, character, and quality of the site. The Premises will be made available in As-Is condition. The CDFW makes no representations, warranties, or guarantees, express or implied, regarding the Premises, including its fitness or suitability for bidders’ purposes; the condition or quality of soils; organic certification of any pasture or field; existence, adequacy, or condition of fencing; or availability of water or electric power, none of which are guaranteed. No changes to the rent amount will be made due to a lack of careful examination of the site.

o. Questions on this RFP must be presented in writing to the Administrative Contact no later than seven business days before the proposal submission deadline.

p. The Lease will be an agreement between the CDFW and only one Lessee, which must be an individual or a legal entity, such as a corporation or partnership. Proposals submitted by any informal association of persons or entities will be rejected. If the bidder is a partnership (General Partnership or

Limited Partnership), a copy of the partnership agreement must be provided.

The date of such an agreement must pre-date the proposal submission deadline date.

q. The provisions of the CDFW’s Lease are not negotiable.

r. No oral understanding or agreement shall be binding on either party.

s. By submitting a proposal, the bidder acknowledges that the bidder has read and understands this RFP and is in agreement to the provisions of the sample Lease included as part of this RFP package.

t. If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the CDFW and the bidder shall be construed and enforced as if this RFP did not contain the particular provision held to be invalid.

6. Evaluation and Ranking

a. All proposals received by the submission deadline will be reviewed by the CDFW to determine compliance with mandatory proposal requirements as specified in this RFP. If the CDFW determines that a proposal is not considered fully responsive and it is material to the RFP requirements, the proposal may be rejected.

b. Proposals accepted under the terms of this RFP will be evaluated and ranked by an evaluation team which may consist of a CDFW Wildlife Site Manager, regional CDFW representative, Yolo County Resource Conservation District

Manager, and a private entity with agricultural experience. Composition of the evaluation team is subject to change at the sole discretion of the CDFW.

c. CDFW will attempt to contact each reference by phone. References will be asked to describe the prior agriculture agreement transaction they had with the Potential Lessee, and to answer the following questions:

• Did the firm/individual satisfactorily complete the obligations within the terms of the agreement? (Yes or No)

• Did the firm/individual pay the fee on time? (Yes or No)

• Was the firm/individual knowledgeable in best farming practices to avoid negative impacts to the property? (Yes or No)

If any reference provided by the Potential Lessee answers “No” to any of the questions, the proposal will be disqualified on the grounds that the Potential Lessee did not meet the minimum qualifications, and the proposal is therefore non-responsive.

d. Proposals that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected.

e. The CDFW reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all bidders. The purpose of any such discussions shall be to ensure full understanding of the proposal. If clarifications are made as a result of such discussion, the bidder shall put such clarifications in writing. Bidders may not submit supplemental information without the approval of the CDFW.

f. The evaluation team may consider information that is pertinent to the bidders’ qualifications, regardless of whether such information is specifically requested or included in the criteria listed in this RFP.

g. Proposals will be ranked based on the criteria set forth below:

Rating/Scoring Criteria Points Qualifications (SOQ), References and Disclosure Pass/Fail

Experience, Organization Information 30 points Proposal for Goal 1 50 points Proposal for Goal 2 50 points Proposal for Goal 3 50 points

Proposal for Goal 4 50 points Proposed Lease Rent 100 points

Total Possible Points: 330 Points

The method of evaluation and scoring is as follows:

Statement of Qualifications

Pass Meets minimum qualifications.

Fail Did not provide a SOQ; or did not meet minimum qualifications.

Experience, Organization Information

0 Does not meet minimum qualifications.

30 Meets minimum qualifications.

Reference Check

Pass Reference provided a “Yes” response to each question.

Fail A “No” response to any question will be grounds to deem proposal non-responsive.

Disclosure Statement

Pass The bidder did not disclose any claims of legal actions within the last five years or bankruptcy or insolvency proceedings within the past ten years.

Fail The bidder did disclose claims of legal actions within the last five years or bankruptcy or insolvency proceedings within the past ten years.

Chemical Disclosure Statement

Pass Included a list of anticipated agricultural chemicals that will be used (pesticides, fertilizers etc.), their anticipated application times, and their intended purpose.

Fail Did not provide a list of anticipated agricultural chemicals.

Bidder Experience

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

1-10 Possess some qualifications, but not enough information provided to determine if submitter could perform the activities sought under this RFP

11-20 Possess moderate qualifications to perform the activities sought under this

RFP

21-30 Possess full qualifications to perform the activities sought under this RFP.

Goal 1 Migratory Shorebird Mudflat Habitat.

0 Does not meet minimum qualifications.

Meets minimum qualifications. Provide a minimum of 100 fallowed acres annually with at least 50 acres visible from the public auto tour loop.

Goal 2 Road Maintenance.

0 Does not meet minimum qualifications.

Meets minimum qualifications. Maintain roads within the Premises in good working condition during the agricultural season. Access to all roads used for management and educational purposes must be maintained throughout the agricultural season.

Goal 3 Water System Maintenance

0 Does not meet minimum qualifications.

Meets minimum qualifications. The water system shall be managed and maintained in good working order and development of the system is encouraged. Aquatic weeds impacting water systems shall be addressed in a timely manner. Spraying and removing aquatic invasives from delivery and drain canals/ditches.

Goal 4 Field Preparation (Pre- and Post-Harvest), Management and Flooding of All Agriculture and Shorebird Fields.

0 Does not meet minimum qualifications.

Meets minimum qualifications. Coordinate with the CDFW for seasonal flood up, draw down, and mosquito abatement activities to provide habitat for migratory waterfowl and shorebirds. Spring drawdowns may not begin until after March 1 unless approved by the CDFW site manager.

= TOTAL POINTS SCORED TOTAL POINTS POSSIBLE: 330

7. Interviews (If Needed)

At the CDFW’s discretion, interviews may be held with bidders that ranked closely in the evaluation scoring, if any clarifications in the proposals are needed or as the method to break a tie. The interviews will be conducted by the evaluation team.

8. Basis of Award

The Lease award, if made, will be to the responsive, responsible bidder with the highest ranking based upon the evaluation criteria (and any interview results).

The evaluation process is designed to award the Lease not necessarily to the bidder offering the highest rent, but rather to the bidder with the best combination of attributes based upon the evaluation criteria and that which presents the most advantageous proposal to the CDFW.

Proposal responses must comply with all RFP requirements. Failure to do so will disqualify the proposal. If it is determined not to be in the best interest of the

STATE, the CDFW reserves the right to not award a Lease in response to this

RFP.

9. Disposition of Proposal

a. Upon proposal opening, all documents submitted in response to this RFP will become the property of the STATE. Selection or rejection of a proposal does not affect its ownership by the CDFW.

b. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation process. Upon the completion of the evaluation of proposal, indicated by a notice of intent to award the Lease, the proposals and associated materials shall be open for review by the public to the extent allowed by the California Public Records Act (Government

Code sections 6250-6270 and 6275-6276.48). By submitting a proposal, the bidder acknowledges and accepts that the contents of the proposal and associated documents shall become open to public inspection. The guidelines for making CDFW-related Public Records Act requests are available on the CDFW/Fish and Game Commission Guidelines for Public Records Act Requests internet page, here:

https://www.wildlife.ca.gov/General-Counsel/Public-Records-Requests

10. Protest

a. In Accordance with Public Contract Code Section 10345, if any bidder, prior to the award of an agreement, files a written protest with the Department of

General Services (DGS) – Office of Legal Services and CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or the DGS has decided the matter. The protest must be sent to:

Department of General Services Office of Legal Services

California Department of Fish and Wildlife

Attn: Bid Protest Coordinator Attn: State Owned Properties

Management Unit Address: 707 3rd Street, 7th

Floor, Suite 7-330 West Sacramento, CA 95605

Address: P.O. Box 944209

Sacramento, CA 94244-

Email: OLSProtests@dgs.ca.g ov

Email: BMBstateownedproperti es@wildlife.ca.gov

Within five days after filing the initial protest, the protesting bidder must file with the DGS and the CDFW a detailed written statement specifying the grounds for the protest. Protests may be submitted by regular mail, courier, or personal delivery.

https://www.wildlife.ca.gov/General-Counsel/Public-Records-Requests mailto:OLSProtests@dgs.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:BMBstateownedproperties@wildlife.ca.gov mailto:BMBstateownedproperties@wildlife.ca.gov

11. Finalization of Site Operation Plan (Exhibit B)

The CDFW, in agreement with the awardee, may include the awardee’s proposals as addenda to the Site Operation Plan – Exhibit B. The CDFW reserves the option to strike-out or modify any portion of the winning proposal that conflicts with the Lease and/or Site Operations Plan. Revision to the standard language of the Lease is prohibited.

If the CDFW and the awardee initially selected by the CDFW are unable to agree on the provisions of the Site Operation Plan within a reasonable time, the Lease will be offered to the bidder ranked second by the evaluation team. The negotiation process described in Sections F-6 through F-9 and F-11 will be repeated until an agreement is executed.

12. Agricultural Lease Award

a. Following the award, the CDFW will request insurance documentation from the awardee that will comply with Section 21 of this Agreement. These documents must be provided on or before the requested date. STATE execution of the Lease is contingent upon the verification of the insurance by the DGS – Office of Risk and Insurance Management. (The awardee should provide the Sample Lease and the “Land Use Agreements: Guide to Insurance Documentation Requirements” to their insurance broker when requesting the coverage and required documents.)

b. The awardee will be required to provide a completed Payee Data Record form

(STD. 204) with the documents described above.

c. The CDFW reserves the right to rescind the award if any requested documentation is not provided by the awardee on or before the requested due date. The awardee is solely responsible for ensuring timely responses by any individual or firm they choose to create and provide the requested documents.

d. The CDFW reserves the right to offer the award to the next responsive, highest scoring bidder, or to issue a new RFP if the award is rescinded.

e. Upon receipt, the awardee will sign the provided original of Agricultural Lease and return within ten business days after receipt from the CDFW.

f. This RFP and the Lessee selection processes do not obligate the CDFW and do not create rights, interests, or claims of entitlement in the apparent best evaluated potential Lessee or any vendor.

13. Lease Execution and Performance

a. Activities (including any pre-season preparation work) shall start no sooner than the Commencement Date indicated upon the Lease or upon delivery of a fully signed and executed Lease to the Lessee and the CDFW receipt of the first Rent, whichever occurs later.

b. All activities and obligations under the Lease shall be completed on or before the termination date of the Lease.

14. Sample Agricultural Lease

This RFP includes, as a separate document, a sample Agricultural Lease (Sample DFW 590) for review. The sample DFW 590 contains language that the CDFW expects to utilize for this Lease. Following award of the Lease, the CDFW will prepare a Agricultural Lease, including exhibits for execution. By submitting a proposal, the successful bidder acknowledges that they have read and understand the provisions of the Lease and agree to sign and return the DFW 590 within ten business days of receipt if awarded.

15. Generative Artificial Intelligence (GenAI) Requirements

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Per SAM section 4819.2, GenAI is defined as “the class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.”

Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder’s GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

https://www.dgs.ca.gov/Resources/SAM/TOC/4800/4819-2 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf i

15. Exhibit A: Map

Figure 1: Yolo Bypass Wildlife Area Location Map (for reference only) ii

Exhibit A: Map (Cont’d)

Figure 2: Premises Lease Map iii

16. Exhibit A-1: Legal Description of Site iv

17. Exhibit B: Site Operation Plan

Site Description:

Location

The Yolo Bypass Wildlife Area (YBWA) is located within the Yolo Basin of the Sacramento Valley and is part of the CDFW’s Bay-Delta Region. YBWA is composed of roughly 16,770 acres that are almost entirely within the Yolo Bypass in Yolo County (an integral flood conveyance component of the Sacramento

River Flood Control Project), between the cities of Davis and West Sacramento.

The Lessee will conduct an agricultural farming operation on the Premises within YBWA. The operations of Lessee must support the overall YBWA goals of flood control, management of habitat for ecological value and public use. Farming on the YBWA is expected to follow the general guidelines described in the Land Management Plan for the YBWA.

(https://www.wildlife.ca.gov/Lands/Planning/Yolo-Bypass-WA).

The agricultural lease will be in the northern portion of the YBWA in Yolo County.

The Premises is bordered by the YBWA property lines to the west, north and east and by Putah Creek to the south (excluding fields north of Highway 80 and south of the railroad trestles that will be included in a separate vegetation control permit)., The Premises is 2,051.3 acres are agricultural fields. A minimum of 100 acres is required to be managed for shorebird habitat annually in a location accessible by the public. The remaining 1951.3 acres of the Premises may be planted to rice or preferred grain crop.

2025-2030 CORE Agriculture Lease Management

Units

CDFW Unit Name

CDFW

Field

Number

Agricultural Activities Acres

Cowell 11 Rice or *preferred grain crops- Limited Water Availability.

**Exempt from approximately $60/acre water fee.

***May be converted to permanent wildlife habitat during lease term.

117.2

Glide 3 Rice or *preferred grain crops 38.5 Glide 4 Rice or *preferred grain crops 186.0 Glide 5 Rice or *preferred grain crops 106.6 Glide 6 Rice or *preferred grain crops 93.7 Glide 7 Rice or *preferred grain crops 32.1 Glide 8 Rice or *preferred grain crops 26.6 Glide 9 Rice or *preferred grain crops 112.7 Glide 10 Rice or *preferred grain crops 138.4 Glide 11 Rice or *preferred grain crops 84.8 Glide 12 Rice or *preferred grain crops 88.8 https://www.wildlife.ca.gov/Lands/Planning/Yolo-Bypass-WA v

*Preferred grain crops in order of priority include rice, wheat, barley, milo, corn, watergrass, triticale, Sudan grass, safflower, oats, cover crops or wildlife habitat seed mixes.

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