P2024204_(FINAL)_08_06_2024.pdf

State of California -The Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director North Central Region 1701 Nimbus Road Rancho Cordova, CA 95670 www.wildlife.ca.gov

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

August 7, 2024

REQUEST FOR PROPOSAL

Cosumnes River Ecological Reserve – Dillard Unit Permit for Excess Vegetation

Disposal Permit Number P2024024

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 a Permit for Excess Vegetation Disposal. The proposed vegetation disposal activity will be conducted with non-exclusive rights on approximately 70 acres of real property known as the Dillard Unit, referred to as the Premises, within the Cosumnes River Ecological Reserve (CRER), in the County of Sacramento.

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 maintaining diverse botanical and wildlife resources while providing habitat continuity throughout the greater Cosumnes River Preserve (Preserve). The CDFW is requesting proposals from livestock operators 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 page four and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a four–year and 8–month permit agreement.

Proposals must be received no later than September 19, 2024, at 3:30pm. A minimum of one original and one copy 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: Gail Turner Name: Dustin Wallis Title: Contract Analyst Title: Environmental Scientist Address: 1701 Nimbus Road, Suite A

Rancho Cordova, CA 95670 Addres s:

1701 Nimbus Road, Suite A Rancho Cordova, CA 95670

Phone: (916) 358–1075 Phone: (916) 282–8977 Email: Gail.Turner@wildlife.ca.gov Email: Dustin.Wallis@wildlife.ca.gov

California Department of Fish and Wildlife Request for Proposal – P2024204

Site Inspection Location Dillard Road 0.5 mile east of Hwy 99, Galt, CA 95632 It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on August 15, 2024, at 10:00am.

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.

TABLE OF CONTENTS

SECTION PAGE

A. Objectives for Permit

B. Property Description and Vegetation Disposal Overview

C. Bidder’s Minimum Qualifications

D. Proposals

E. Permit Term and Fee

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. Permit for Excess Vegetation Disposal Award

13. Permit Execution and Performance

14. Sample Permit for Excess Vegetation Disposal Template

15. Generative Artificial Intelligence (GenAI) Requirement………………..…….20

16. Exhibit A: Map ............................................................................................... i

17. Exhibit A–1: Legal Description of Site ........................................................... ii

18. Exhibit B: Site Operation Plan ...................................................................... iii

G. Required Attachments ....................................................................................... xi

Attachment 1 – Required Attachment Check List ............................................. xi Attachment 2 – Transmittal Letter .....................................................................xii Attachment 3 – Statement of Qualifications ..................................................... xiii Attachment 4 – Description of Personnel and Organizational Structure ...........xiv Attachment 5 – Proposal for Goal 1–6 ............................................................. xv Attachment 6 – Disclosure Statements ............................................................xvi Attachment 7 – Fee Proposal Form ................................................................ xvii Attachment 8 – Bidder References and Reference Letters ............................ xviii Attachment 9 – Site Inspection Certification .....................................................xix Attachment 10 – Proposal Certification Sheet .................................................. xx Attachment 11 – Authorization Document ....................................................... xxii

A. Objectives for Permit

The CDFW seeks a Permittee who can conduct a vegetation disposal operation on the Premises that will be consistent with the overall goals of the CRER. Overall goals for the CRER are to improve wildlife habitat, with a focus on providing habitat for migratory white-fronted geese and other waterfowl, reduce wildfire risk, and improve overall pollinator habitat. Vegetation Disposal on the Premises will be expected to follow the general guidelines described in the Land Management Plan for the CRER which can be found at (Cosumnes River Ecological Reserve Land Management Plan) or provided upon request. A long-term objective of the CDFW is to use Vegetation Disposal activities to encourage and support habitat for native wildlife on the Premises.

B. Property Description and Vegetation Disposal Overview

The CRER is located in southern Sacramento County near the city of Galt and is part of the CDFW North Central Region. The CRER is part of the Preserve. The Preserve consists of ten properties totaling more than 4,600 acres. The subject property for this Permit is the Dillard Road Unit (Premises) and is approximately 70 acres in size (also known as the Castello Overflow Unit). The Premises is a sub– unit of the larger Dillard Unit. The remainder of the Dillard Unit outside of the Premises will not be included in the Permit. Access to the Premises is through a locked two–panel gate along the south side (east–bound lane) of Dillard Road. The Premises is enclosed by a perimeter fence with no interior cross–fencing. Water is occasionally available if Badger Creek overflows during periods of heavy rainfall;

however, water is often not present, and it is the responsibility of the Permittee to provide water for cattle if it is not available at the Premises. The Premises includes floodplain and wetland habitats, as well as vernal pool grasslands. Threatened species that occur at the Preserve, and may occur on the Premises, include greater sandhill crane (Antigone canadensis tabida), Swainson’s hawk (Buteo swainsoni), and giant garter snake (Thamnophis gigas). Many other native species of mammals, waterfowl, shorebirds, songbirds, reptiles, and amphibians also occur on the Premises. Due to the high volume of vehicle traffic along Dillard Road, the Permittee may need to coordinate with the CDFW Site Manager for assistance with moving cattle transport trucks from the road into the Premises. A gate located on the north side of Dillard Road, directly opposite the gate accessing the Premises, may be opened to allow more space for trucks to enter the Premises at a safe angle and speed. Prior to the grazing on–date, the Permittee will also coordinate with the CDFW Site Manager to schedule opening and use of the north gate.

The total Animal Units Months (AUMs) for the Permit is 154, or 22 Animal Units (AUs) per month. Each animal grazing the Premises shall be counted as one AUM with the exception of cows with suckling calves, which together shall constitute one AUM. This number may be decreased by the CDFW if required by decreased forage levels. Conversely, the CDFW may request an increased number of AUMs if forage levels are greater than usual. The annual grazing period on the Premises will be

December 1 through June 30 each year during the Permit term. Based on past grazing practices on the Premises, the Residual Dry Matter (RDM) objectives are an average of 1,000 pounds per acre. Specific on and off dates in any year may be for a shorter period of time and are determined by timing of rainfall, vegetation growth, and RDM objectives. Utilization monitoring may occur periodically throughout the annual grazing period or at least once annually after the cattle have been removed.

In cooperation with the CDFW, Preserve partners (or others) may conduct measurements, wildlife surveys, and field health assessments and report them to the CDFW and the Permittee. The CDFW may conduct random post–season RDM measurements and report them to the Permittee. These findings will assist in determining potential annual adjustments to the above grazing prescription. The CDFW is an official signatory partner at the Preserve along with Preserve partners The Nature Conservancy, the Federal Bureau of Land Management, Sacramento County, Ducks Unlimited, the California Department of Water Resources, and the California State Lands Commission.

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 and reference letter in the past two years that can attest to the potential Permittee’s experience in the implementation of a vegetation disposal agreement performed on public or conservation easement protected lands;

2. Five or more years of experience of wildlife–friendly grazing practices (preferably focused on habitat restoration);

3. Ability to respond to emergencies on the Premises within one hour during the vegetation disposal period;

4. Bidders must be in possession of the appropriate number of livestock needed to accomplish the objectives of the Permit.

D. Proposals

All proposals must conform to the following parameters:

1. Vegetation disposal activities may not begin prior to December 1, 2024, and may not continue past June 30, 2029.

2. A maximum of 22 AUs per month.

3. Only cattle may be grazed.

4. An average of 1,000lbs./acre of RDM will remain on the Premises at the end of the annual grazing period.

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 Permittee will be the best suited to enter into a Permit 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, the CDFW will consider how the proposed activities may further or conflict with the CDFW goals for the CRER.

E. Permit Term and Fee

If awarded, the term of this Permit shall be four years and ten months commencing November 1, 2024, or upon approval of the STATE, whichever is later (Commencement Date) and terminating on August 30, 2029, with such rights of termination as are set forth in the Permit. 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 grazing period will be seven months, starting December 1 and ending June 30 each year during the Permit term.

The annual permit fee will be calculated as the product of the proposed fee amount per AUM, times 22 AUs per month, times seven months of grazing.

The fee 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, the STATE may adjust the fee for the first year of the term as provided in the Permit.

PAYMENT SCHEDULE

No. PAYMENT DUE AMOUNT PERIOD COVERED 1 October 15, 2024, or

Upon Permit Execution, Whichever is Later

Half Annual Permit Fee

December 1, 2024 – June 30,2025

2 March 15, 2025 Half Annual Permit Fee

December 1, 2024 – June 30,2025

3 November 15, 2025 Half Annual Permit Fee

December 1, 2025 – June 30,2026

4 March 15, 2026 Half Annual Permit Fee

December 1, 2025 – June 30,2026

5 November 15, 2026 Half Annual Permit Fee

December 1, 2026 – June 30,2027

6 March 15, 2027 Half Annual Permit Fee

December 1, 2026 – June 30,2027

7 November 15, 2027 Half Annual Permit Fee

December 1, 2027 – June 30,2028

8 March 15, 2028 Half Annual Permit Fee

December 1, 2027 – June 30,2028

9 November 15, 2028 Half Annual Permit Fee

December 1, 2028 – June 30,2029

10 March 15, 2029 Half Annual Permit Fee

December 1, 2028 – June 30,2029

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

F. Proposal Requirements and Information

1. Key Action Dates

EVENT DATE

RFP Available August 7, 2024 – September 18, 2024 Mandatory Site Inspection August 15, 2024 @ 10:00am Proposal Submission Deadline September 19, 2024 @ 3:30pm Proposal Evaluation and Ranking September 23, 2024 Interviews, If Necessary September 24, 2024 Final Selection/Notice of Intent to Award September 27, 2024 Proposed Award Date October 2, 2024 Finalize Exhibit B October 8, 2024 Proposed Commencement Date November 1, 2024

2. Mandatory Pre–Proposal Conference and Site Inspection

a. A mandatory site inspection is scheduled at 10:00am on August 15, 2024, approximately 0.3 miles east of highway 99 on Dillard Road 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 in 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 P2024204” 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.

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 one copy 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 Permit, 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 Permit 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 – Proposals for Each Goal (1–6) Provide one written proposal of how you or your firm would operate to accomplish each of the six 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.

Permit Goals:

1. By June 30 of each year during the Permit term, there will an average of 1,000 lbs. per acre of RDM remaining and evenly distributed on the Premises, as much as possible. Please explain the techniques, frequency and experience to accomplish these objectives.

2. Describe a plan for, and experience in, avoiding negative impacts on riparian areas and wetlands (i.e., streams, seeps and springs) and rare, threatened, and endangered plant species in those areas.

3. Describe a plan for, and experience in, ensuring even distribution of cattle throughout the Premises and describe a plan for ingress and egress of cattle on the Premises.

4. Indicate your expected presence on the Premises and how you plan to reduce impacts on wildlife (including predators), and how cattle operations will avoid disturbance of wildlife (e.g., OHV use, where and when will calving occur etc.)

5. During the Permit term, the STATE may determine that conditions warrant a change in the annual grazing period, which would result in a reduction in AUMs and/or rapid removal of livestock from an area to protect rare, threatened and endangered species. Describe your contingency plan to deal with such an event, including resources you have available to respond to the change within the given timelines in the Sample Excess Vegetation Removal Template.

6. Describe a plan to improve wildlife habitat, including the promotion of native grass and tree species, and reduce weeds of limited wildlife value (e.g., yellow star–thistle, Centaurea solstitialis).

Attachment 6 – 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 grazing 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 7 – Fee Proposal Form Form provided in this RFP. Provide a proposed fee per AUM. All costs associated with the proposed performance of the desired outcomes and complying with the provisions of the Permit should be considered by the bidder when submitting this fee proposal.

Attachment 8 – 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 9 – 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 CDFW Site Manager on the day of the mandatory site inspection to certify attendance.

Attachment 10 – Proposal Certification Form Form provided in this RFP. (Instructions on page 2 of this form).

Attachment 11 – Authorization Document Attach the appropriate document to the provided check–form as described. See page xxii 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:

Gail Turner P2024204 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 one copy 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:

Gail Turner P2024204 California Department of Fish and Wildlife Bidder Name 1701 Nimbus Road Suite A Rancho Cordova, CA 95670

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 Permit.

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 Permit 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 Permit.

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 fee 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 Permit will be an agreement between the CDFW and only one Permittee, 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 Permit 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 Permit 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 Senior Environmental Scientist Supervisor, regional CDFW representative, CDFW Unit Biologists, and CDFW Environmental Scientists. Composition of the evaluation team is subject to change at the sole discretion of the CDFW.

c. At least two references are required. The CDFW will review each reference letter and attempt to contact each reference by phone. References will be asked to describe the prior vegetation disposal agreement transaction they had with the bidder, and to answer the following questions:

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

2. Did the firm/individual pay the fee(s) on time? (Yes or No)

3. 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 bidder answers “No” to any of the questions, the proposal will be disqualified on the grounds that the bidder 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 Bidder Experience 10 points Ability to Respond to Emergencies 10 points Proposal for Goal 1 15 points

Proposal for Goal 2 15 points Proposal for Goal 3 15 points Proposal for Goal 4 15 points Proposal for Goal 5 15 points Proposal for Goal 6 15 points Proposed Fee 40 points

Total Possible Points: 150 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.

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 disclosure any claims of legal actions within the last five years or bankruptcy or insolvency proceedings within the past ten years.

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

Bidder Knowledge, Experience and Approach to Benefit the Premises

1–10 Rate bidders knowledge, experience, and approach to benefit the Premises based upon their proposal.

Ability to Respond to Emergencies

1–10 Rate the bidders ability to respond to emergencies at the Premises based upon their proposal

Goal 1

By June 30 of each year during the Permit term, there will an average of 1,000 lbs. per acre of RDM remaining and evenly distributed on the Premises, as much as possible. Please explain the techniques, frequency and experience to accomplish these objectives.

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts, and was innovative in approach and/or showed best grazing practices.

Goal 2 Describe a plan for, and experience in, avoiding negative impacts on riparian areas and wetlands (i.e., streams, seeps and springs) and rare, threatened, and endangered plant species in those areas.

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 3 Describe a plan for, and experience in, ensuring even distribution of cattle throughout the Premises and describe a plan for ingress and egress of cattle on the Premises.

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 4

Indicate your expected presence on the Premises and how you plan to reduce impacts on wildlife (including predators), and how cattle operations will avoid disturbance of wildlife (e.g., OHV use, where and when will calving occur etc.)

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 5

During the Permit term, the STATE may determine that conditions warrant a change in the annual grazing period, which would result in a reduction in AUMs and/or rapid removal of livestock from an area to protect rare, threatened and endangered species. Describe your contingency plan to deal with such an event, including resources you have available to respond to the change within the given timelines in the Sample Excess Vegetation Removal Template.

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 6 Describe a plan to improve wildlife habitat, including the promotion of native grass and tree species, and reduce weeds of limited wildlife value (e.g., yellow star–thistle, Centaurea solstitialis).

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

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Fee (40 points possible):

The highest price offered receives the maximum of 40 points. All other proposals will receive a score based on the following formula:

Cost proposal divided by the highest cost proposal x 40 points = Score

Example:

Highest bid is $35.00/AUM………………………………...…………..….40 points Next highest bid is $32.50/AUM…($32.50 divided by $35.00) times 40 = 37 points Next bid is $25.00/AUM…….($25.00 divided by $35.00) times 40 = 28 points

= TOTAL POINTS SCORED TOTAL POINTS POSSIBLE: 150

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 Permit 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 Permit not necessarily to the bidder offering the highest fee, 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 Permit 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 Permit, 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 94244–2090

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.

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 Permit and/or Site Operations Plan. Revision to the standard language of the Permit 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 Permit 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. Permit for Excess Vegetation Disposal 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 Permit is contingent upon the verification of the insurance by the DGS – Office of Risk and Insurance Management. (The awardee should provide the Sample Permit 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 originals of the Permit for Excess Vegetation Disposal and return all signed originals within ten business days after receipt from the CDFW.

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

13. Permit Execution and Performance

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

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

14. Sample Permit for Excess Vegetation Disposal

This RFP includes, as a separate document, a sample Permit for Excess Vegetation Disposal (Sample DFW 587) for review. The sample DFW 587 contains language that the CDFW expects to utilize for this Permit. Following award of the Permit, the CDFW will prepare a Permit for Excess Vegetation Disposal, including exhibits for execution. By submitting a proposal, the successful bidder acknowledges that they have read and understand the provisions of the Permit and agree to sign and return the DFW 587 OR 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.

Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder/Offeror/Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror/Contractor.

Failure to report GenAI to the State 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/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), 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.

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16. Exhibit A: Map ii

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

18. Exhibit B: Site Operation Plan

The Cosumnes River Ecological Reserve (CRER) is part of the Cosumnes River Preserve (Preserve) located in southern Sacramento County near the city of Galt, CA (see Exhibit A: Map). The Preserve was established for the permanent protection of a continuous riparian corridor extending from the Cosumnes River headwaters in El Dorado County to the Delta. It includes floodplain and wetland habitats and vernal pool grasslands. Threatened species that occur at the Preserve include greater sandhill crane (Antigone canadensis tabida), Swainson’s hawk (Buteo swainsoni), and giant garter snake (Thamnophis gigas).

Many other native species of mammals, waterfowl, shorebirds, songbirds, reptiles, and amphibians also occur on the CRER. The CDFW is an official signatory partner at the Preserve along with The Nature Conservancy, the Federal Bureau of Land Management, Sacramento County, Ducks Unlimited, the California Department of Water Resources, and the California State Lands Commission. The vision statement for the Cosumnes River Preserve states in part that Preserve “Partners will utilize compatible farming activities to sustain native wildlife communities and the processes that perpetuate a dynamic mosaic of habitats.” Ranching in a wildlife–friendly way on the CRER is a management tool used by the CDFW to accomplish these goals at the Preserve.

Site Description

The Preserve consists of ten properties totaling more than 4,600 acres. Grazing is used at four of these Preserve properties to remove new and decadent annual grasses which encourages the growth of native grasses, forbs, shrubs, and trees and improves habitat for native wildlife. Grazing also reduces the threat of wildfire on the Preserve by reducing the amount of dry grass fuels. Cattle grazing typically occurs between December 1 and June 30; however, specific grazing dates may be for a shorter period of time and are determined by timing of rainfall, vegetation growth, and residual dry matter objectives.

The subject property for this Permit is the Dillard Unit (also known as the Castello Overflow Unit) (see Exhibit A: Map), referred to as the Premises. The Premises is approximately 70 acres in size and is enclosed by a perimeter fence with no interior cross–fencing. Habitats on the Premises consist of annual grassland with vernal pools and seasonal freshwater marsh swales.

There are no corrals on the Premises, and water may be unreliable. Water is occasionally available if Badger Creek overflows during periods of heavy rainfall;

however, water is often not present, and it is the responsibility of the Permittee to provide water for cattle if it is not available on the Premises. There are no water tanks on the Premises, so these must also be provided by the Permittee as needed for cattle. Placement will be in coordination with the CDFW.

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The perimeter of the Premises is fenced, and it is the responsibility of the Permittee to maintain the fence to prevent their cattle from escaping the Premises. The north border of the Premises is along Dillard Road, which has a fairly high volume of vehicle traffic. Sometimes accidents occur, and vehicles leave the roadway and crash through the fence. Cattle owners under this Permit will be able to respond rapidly (within one hour) during all hours of the day to repair broken fences and gather escaped cows. All fencing to be repaired on the Premises shall be repaired to the United States Department of Agriculture– Natural Resources Conservation Service (USDA–NRCS) specifications for wildlife friendly fencing, except for fencing that borders Dillard Road. Fencing that borders Dillard Road may be repaired using a maximum of seven barbed wires to minimize the likelihood of cattle escaping due to one broken wire. There are no sorting corrals, loading ramps, or processing facilities of any type on the Premises. The Permittee will be responsible for providing the necessary portable corrals and a loading ramp to process livestock, if necessary. Placement will be in coordination with the CDFW.

Access to the Premises is through a locked two–panel gate along the south side (east–bound lane) of Dillard Road. Due to the high volume of vehicle traffic along Dillard Road, the Permittee may need to coordinate with the CDFW Site Manager (see contact information below) for assistance with moving cattle transport trucks from the road into the Premises. A gate located on the north side of Dillard Road, directly opposite the gate accessing the Premises, may be opened to allow more space for trucks to enter the Premises at a safe angle and speed. Prior to the grazing on–date, the Permittee will also coordinate with the CDFW Site Manager to schedule opening and use of the north gate. There is no electrical power on the Premises.

Supplement and salt will be kept at least 200 yards away from Badger Creek, vernal pools, or other seasonal water sources. The Permittee will make sure that damage around wet areas and supplement tubs and/or salt will be kept to a minimum.

The Premises is not open to public use; however, CDFW–guided spring turkey hunts occur on the wild land next to the farm fields from late March until early May, as well as Fall deer and turkey hunts. On hunt days, up to four parties of one or two hunters will be escorted through the property by a CDFW representative in vehicles or on foot (if the dirt road is wet) to access the hunt areas. Each hunt period is from 30 minutes before sunrise until 1:00 PM PDT, and all hunters leave the area under guidance from the CDFW representative.

There is also one CDFW–guided dove hunt that occurs on the Premises on September 1 of each year.