P2024301_RFP_YBWA_Grazing_Lease_FINAL.pdf

State of California -The Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Bay Delta Region 2825 Cordelia Road Suite 100 Fairfield, Ca 94534 www.wildlife.ca.gov

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

July 01, 2024

REQUEST FOR PROPOSAL

Yolo Bypass Wildlife Area South Grazing Unit Permit for Excess Vegetation

Disposal (Grazing)

Number P2024301

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 (Grazing). The proposed vegetation disposal activity will be conducted with non-exclusive rights on approximately 6,068.8 acres of real property referred to as the Premises, located within the larger South Grazing Unit, on the Yolo Bypass Wildlife Area (YBWA) in Yolo County.

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 livestock owners and 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 seven and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a five-year permit agreement.

Proposals must be received no later than July 29 at 4:00PM. 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: Regional Administrative

Officer Title: CDFW Site Manager

Address: 2825 Cordelia Road, Ste.100 Fairfield, CA 94534

Address: 45211 County Road 32 B Davis, CA 95618 http://www.wildlife.ca.gov/

California Department of Fish and Wildlife Request for Proposal – P2024301

Phone: (707) 428-2048 Phone: (530) 757-2431 Email: Javier.gloria@wildlife.ca.gov Email: Garrett.spaan@wildlife.ca.gov

Site Inspection Location 45211 County Road 32B Davis, CA 95618 It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on July 12 at 9am.

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.

mailto:Javier.gloria@wildlife.ca.gov mailto:Garrett.spaan@wildlife.ca.gov

TABLE OF CONTENTS

SECTION PAGE

A. Objectives for Permit

B. Property Description and Grazing 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 ………………

16. Exhibit A – Map

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

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

19. Exhibit C – Plot Plan of Residence ...............................................................xviii

G. Required Attachments.......................................................................................... xix

Attachment 1 – Required Attachment Check List .............................................. xix Attachment 2 – Transmittal Letter ....................................................................... xxi Attachment 3 – Statement of Qualifications....................................................... xxii Attachment 4 – Description of Personnel and Organizational Structure..........xxiii Attachment 5 – Proposal for Goal 1 .................................................................. xxiv Attachment 6 – Proposal for Goal 2 .................................................................. xxiv Attachment 7 – Proposal for Goal 3 .................................................................. xxiv Attachment 8 – Proposal for Goal 4 .................................................................. xxiv

Attachment 9 – Proposal for Goal 5 .................................................................. xxiv Attachment 10 – Proposal for Goal 6 ................................................................ xxiv Attachment 11 – Proposal for Goal 7 ................................................................ xxiv Attachment 12 – Proposal for Goal 8 ................................................................ xxiv Attachment 13 – Proposal for Goal 9 ................................................................ xxiv Attachment 14 – Disclosure Statements ............................................................ xxv Attachment 15 –Fee Proposal Form ................................................................. xxvi Attachment 16 – Bidder References and Reference Letters ..........................xxviii Attachment 17 – Site Inspection Certification ................................................... xxix Attachment 18 – Proposal Certification Form .................................................... xxx Attachment 19 – Authorization Document ....................................................... xxxii

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 flood control and management of habitat for ecological value and public use. Vegetation disposal 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 vegetation disposal activities to encourage and support wildlife habitat and the proliferation of vernal pools on the

YBWA.

The primary objective of continuing a grazing operation on the Premises is to maintain and improve wildlife habitat including vernal pool species, nesting birds, and other upland dependent species. YBWA provides important vernal pool habitat and the grazing prescription for Premises has been specifically developed to reduce non-native plant species within vernal pool habitats. Irrigated pasture provides an abundance of invertebrates and new plant growth utilized by upland birds.

B. Property Description and Vegetation Disposal 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 16,771 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: Grazing activities on the Premises are significantly impacted by flooding in the Yolo Bypass. Potential Permittees 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, Hydroglogy 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.

Grazing: Potential Permittees are advised that all acreage on the Premises stated throughout this RFP is approximate.

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

The Premises consists of 6,068.8 acres for grazing activities, 403 acres of which will be grazed every other year (Exhibit A - Map, and Exhibit B - Site Operation Plan).

Specific locations for permit activities will be determined annually through coordination between the permittee and CDFW Site Manager The Premises annual grazing acreage (6,068.8) includes 912.3 acres of established irrigated pasture and

735.7 acres of pasture that is classified as irrigatable that may be utilized either as irrigated, upland grazing or a portion converted to flood tolerant hay production. The remaining 4,420.80 acres is classified as non-irrigated and includes 90.4 acres of livestock staging area, 2,153.7 acres upland, 1,562.7 acres vernal pool and 614 acres tidal sloughs. The main point of access for the Premises will be from County Road 106.

Depending on winter and spring weather and any ensuing floods, under the current management the livestock are brought on April 15 through December 15; however, some areas on the Premises have grazing restrictions that do not allow use until June 1 (1,562.7 acre of non-irrigated vernal pool) and July 15 (1,443 acres of non-irrigated upland pasture). Livestock may not be present outside of these dates except with the permission of the CDFW Site Manager. The CDFW Site Manager and the potential Permittee will coordinate areas to graze early (April 15) based on habitat conditions. Stocking rates are heavily dependent upon the amount and duration of Bypass flooding and any resulting weed issues. The CDFW has established Residual Dry Matter (RDM) targets for the non-irrigated habitat areas (see Exhibit B – Site Operation Plan). The CDFW will conduct annual monitoring of RDM levels in the fall. The potential Permittee should consider and incorporate into their proposal the effects on grazing operations from flooding, waterfowl depredation, public use activities and other “as-is” conditions. For more information, refer to Sections 2, 8, and 19 of the Permit for Excess Vegetation Disposal (Sample DFW 587). A County possessory interest tax will be assessed on the potential Permittee by Yolo County as described in Section E.

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.

The acres comprising the Premises are not open to the general public year-round, although dove, waterfowl, and pheasant hunting are utilized by the public within portions of the Premises during their respective seasons (dove in September and waterfowl/pheasant from October through the beginning of February).

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

Water infrastructure development and water fees associated with activities conducted by the potential Permittee under this Grazing Permit will be the responsibility of the potential Permittee. It is the responsibility of the potential Permittee 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 the CDFW for consideration.

Optional Available Residence

An approximately 1700 square foot, 3-bedroom, 1-bath residence including garage/shop and a storage building is available for rent to the Permittee. The residence will be made available to the Permittee or Permittee’s employee(s) who are employed for the purpose of working on Permit activities, at the fair market rent of $900.00 per month (subject to change). The Residential Agreement will be a separate agreement from the Permit for Excess Vegetation Disposal, and will be an agreement between the CDFW and the occupant(s). The monthly rent shall not be combined with any Permit fee for any reason. Continuing tenancy is reliant upon compliance with terms of the Residential Agreement, and the continuing existence of the Permit (i.e., if the Permit is terminated early, the Residential Agreement will also be terminated).

Vegetation RDM will be monitored by a CDFW designated representative, currently the Yolo County Resource Conservation District. in October or November, annually on any acreage managed as upland grazing only and not on irrigated pasture.

Results will be shared with the Permittee following the grazing season.

The Permittee will coordinate with the CDFW Site Manager regarding any issues with water infrastructure, roads, or infrastructure needs. The Yolo County Resource Conservation District will assist in planning three coordination meetings, RDM sampling, and water use reporting.

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 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 two hours during the vegetation disposal period;

4. A minimum fee proposal of $330,000; and

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

Any individual or company that has been awarded a Permit for Excess Vegetation by the CDFW in the past three years that has resulted in termination or documented unsatisfactory performance is not eligible to submit a proposal.

D. Proposals

All proposals must conform to the following parameters:

1. Vegetation disposal activities may not begin prior to March 1, 2025, and may not continue past February 28, 2030.

2. A maximum of 4.46 Animal Units (AUs) per acre per month.

3. Only cattle may be grazed.

4. An average of 700 lbs./acre of Residual Dry Matter (RDM) will remain on the premises at the end of the annual grazing period.

o RDM minimum requirements are not viable during flood years.

Cattle grazing during the Spring, Summer and Fall months have been used to benefit different grassland and floodplain habitat types. Irrigating pastures for grazing provides habitat for migratory birds and enhances foraging for upland birds. Irrigated pastures do not have established RDM targets on the Premises. The goal on the Premises is to graze Non-irrigated Upland Pastures and Non-irrigated Tidal Sloughs to 1,200-1,500 lbs./acre of RDM and Non-Irrigated Vernal Pool Fields 350-500 lbs./acre of RDM by mid-Fall.

Grazing will reduce dense annual grass ground cover, providing suitable wildlife feeding areas with the promotion of desirable plant species. Seasonal grazing permitted during the Spring, Summer and Fall months will allow CDFW to meet these goals; specifically, cattle will be allowed to graze Non-irrigated Upland Pastures April 15 - October 1, Non-irrigated Vernal Pool Fields June 1 - December 15, and Non-irrigated Tidal Sloughs April

4.46 AU’s Per Month for All Grazing Areas

Established Irrigated Pasture Annual Grazing Period: April 15- December 15 No RDM targets for Established Irrigated Pastures

Irrigatable Pastures Annual Grazing Period: April 15- November 1

No RDM targets for Irrigatable Pastures

Non-irrigated Upland Pasture Annual Grazing period: April 15- October 1 Target: 1,200-1,500 lbs./acre on 85% of the grazed area (does not apply to the rested area)

Non-irrigated Vernal Pool Field Annual Grazing Period: June 1- December 15

Target: 350-500 lbs./acre on 85% of the management area

Non-irrigated Tidal Slough Annual Grazing Period: April 15- October 15 Target: 1,200-1,500 lbs./acre on 85% of the management area

15 - October 15. The total AUs for this permit is 4.46 AUs/Month. The computation of AUs per head is the following: 1) Weaned calves less than a year old shall be counted as 0.60 units. 2) Cows without calves shall be counted as 0.92 units. 3) Cows with calves shall be counted as 1.00 unit. 4) Mature bulls shall be counted as 1.34 units. Please note that adjacent private properties may contain bulls. It is the responsibility of the Permittee to prevent conflict with neighboring herds. Corrective measures may include removal of the Permittee’s bull(s) from the Premises. The CDFW may require the Permittee to participate in studies that involve increases or decreases in AUs during the permit term, or extension or reduction of the annual grazing period in any given year.

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 YBWA.

E. Permit Term and Fee

If awarded, the term of this Permit 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 Permit. The STATE shall have the right to delay the Commencement Date if the STATE determines that the condition of the Premises warrants such a delay.

The annual grazing period will be eight months, starting April 15 each year during the Permit term and ending December 15, each year during the Permit term.

The annual permit fee will be calculated as the sum of the [bid amounts per acre per year] times [each acre of each pasture type identified on the Fee Proposal form].

The permit 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 permit fee for the first year of the term as provided in the Permit.

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.

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 July 1, 2024 – July 28, 2024 Mandatory Site Inspection July 12, 2024, at 9:00 AM Proposal Submission Deadline July 29, 2024, at 4:00 PM Proposal Evaluation and Ranking August 13, 2024 Interviews, If Necessary August 14, 2024

PAYMENT

SCHEDULE

# PAYMENT DUE AMOUNT For Grazing Period 1 April 1, 2025, or

Upon Permit Execution (whichever is later)

Half of Annual Fee

April 15, 2025 – December 15, 2 August 15, 2025 Half of Annual Fee

April 15, 2025 – December 15, 3 April 1, 2026 Half of Annual Fee

April 15,2026 – December 15 2026

4 August 15, 2026 Half of Annual Fee

April 15,2026 – December 15 2026

5 April 1, 2027 Half of Annual Fee

April 15,2027 – December 15 2027

6 August 15, 2027 Half of Annual Fee

April 15,2027 – December 15 2027

7 April 1, 2028 Half of Annual Fee

April 1, 2028 – December 15, 2028

8 August 15, 2028 Half of Annual Fee

April 1, 2028 – December 15, 2028

9 April 1, 2029 Half of Annual Fee

April 1, 2029 – December 15, 2029

10 August 15, 2029 Half of Annual Fee

April 1, 2029 – December 15, 2029

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 July 12, 2024, at

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 accommodation 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 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 P2024301 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 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 through 13 – Proposals for Each Goal (1-9) Provide one written proposal of how you or your firm would operate to accomplish each of the nine 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. Enhanced Wildlife Habitat. Describe your plan to enhance habitat for shorebirds, wading birds, waterfowl, upland nesting birds, and benefit the overall management of the Wildlife Area.

2. Enhance Nesting Habitat. Describe your plan to minimize impacts and enhance waterfowl and ground nesting birds.

3. Enhance Vernal Pool Habitat. Describe your plan to enhance vernal pool habitats.

4. Water Infrastructure. Describe your plan for developing improved livestock watering facilities to minimize damage to existing infrastructure and maximize even forage utilization.

5. Enhanced Public Use, Environmental Education, and Wildlife Research and Monitoring. Describe your plan and activities that are compatible and will conform with various forms of public use.

6. Nonnative invasive species. Describe your plan for enhancement of habitats through removal and management of nonnative invasive species that do not benefit wildlife species (including star thistle, perennial pepperweed, water primrose and any other newly introduced invasive plant species).

7. Best Management Practices. Describe your plan for Management of irrigated pasture in accordance with Best Management Practices intended to reduce the production of mosquitoes, as developed by the Mosquito and Vector Control Association of California.

8. Mercury Methylation Minimization. Describe your plan to manage grazed lands to minimize mercury methylation.

9. Flood control function. Describe your plan for maintenance of flood control function of Wildlife Area.

Attachment 14 – 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 Permits 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 15 – Fee Proposal Form Form provided in this RFP. Provide a proposed fee per acre per year. 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 16 – 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 17 – 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 18 – Proposal Certification Form Form provided in this RFP. (Instructions on page 2 of this form).

Attachment 19 – Authorization Document Attach the appropriate document to the provided check-form as described. See page xxxii 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 South Grazing Unit Permit for Excess Vegetation Disposal P2024301 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 P2024301 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 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 Site Manager regional CDFW representative, Yolo County Resource Conservation District (YRCD) staff, and a YRCD Board Director. Composition of the evaluation team is subject to change at the sole discretion of the CDFW.

c. 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

• 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

• Proposal for Goal 5 50 points

• Proposal for Goal 6 20 points

• Proposal for Goal 7 20 points

• Proposal for Goal 8 20 points

• Proposal for Goal 9 20 points

• Proposed Fee 100 points

Total Possible Points: 460 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.

Goal 1 Wildlife General - Describe your plan for the maintenance, enhancement and/or restoration of habitat for improved ecological function and wildlife use.

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

1-10 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

11-25 Proposal would meet the goal with no negative impacts.

26-50 Proposal would meet the goal with no negative impacts, was innovative in approach, and/or showed best grazing practices.

Goal 2 Enhance Nesting Habitat - Describe your plan to minimize impacts and enhance waterfowl and ground nesting birds.

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

1-10 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

11-25 Proposal would meet the goal with no negative impacts.

26-50 Proposal would meet the goal with no negative impacts, was innovative in approach, and/or showed best grazing practices.

Goal 3 Enhance Vernal Pool Habitat - Describe your plan to enhance vernal pool habitats.

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

1-10 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

11-25 Proposal would meet the goal with no negative impacts.

26-50 Proposal would meet the goal with no negative impacts, was innovative in approach, and/or showed best grazing practices.

Goal 4 Water Infrastructure - Describe your plan for developing improved livestock watering facilities to minimize damage to existing infrastructure and maximize even forage utilization.

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

1-10 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

11-25 Proposal would meet the goal with no negative impacts.

26-50 Proposal would meet the goal with no negative impacts, was innovative in approach, and/or showed best grazing practices.

Goal 5 Enhanced Public Use, Environmental Education, and Wildlife Research and Monitoring - Describe your plan and activities that are compatible and will conform with various forms of public use.

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

1-10 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

11-25 Proposal would meet the goal with no negative impacts.

26-50 Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 6

Nonnative invasive species - Describe your plan for enhancement of habitats through removal and management of nonnative invasive species that do not benefit wildlife species (including star thistle, perennial pepperweed, water primrose and any other newly introduced invasive plant species).

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

1-5 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

6-10 Proposal would meet the goal with no negative impacts.

11-20 Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 7 Best Management Practices. Describe your plan for Management of irrigated pasture in accordance with Best Management Practices intended to reduce the production of mosquitoes, as developed by the Mosquito and Vector Control Association of California.

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

1-5 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

6-10 Proposal would meet the goal with no negative impacts.

11-20 Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 8 Mercury Methylation Minimization. Describe your plan to manage grazed lands to minimize mercury methylation.

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

1-5 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

6-10 Proposal would meet the goal with no negative impacts.

11-20 Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 9 Flood control function. Describe your plan for maintenance of flood control function of Wildlife Area.

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

1-5 Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

6-10 Proposal would meet the goal with no negative impacts.

11-20 Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Cost (10 points possible):

Total Proposed Fee (not including water fee)

The highest price offered receives the maximum of 100 points. All other proposals will receive a score based on the following formula: Cost proposal divided by the highest cost proposal x 100 points = Score Example:

Highest bid is $1,000,000 100 points

Next highest bid is $700,000e ($700,000 divided by $1,000,000) times 100 =

70.00 points

Next bid is $500.000 ($500,000 divided by $1,000,000) times 100 = 50.00 points

= TOTAL POINTS SCORED TOTAL POINTS POSSIBLE: 460

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

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.

mailto:OLSProtests@dgs.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:BMBstateownedproperties@wildlife.ca.gov mailto:BMBstateownedproperties@wildlife.ca.gov

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.