P2024401_RFP_FINAL_(002)_08_27_2024.pdf

State of California -The Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region, Region 4 1234 E. Shaw Avenue Fresno, CA 93710 www.wildlife.ca.gov

(Rev. 01/22/2024) Conserving California’s Wildlife Since 1870 Page 1

August 27, 2024

REQUEST FOR PROPOSAL

Los Banos Wildlife Area (Blocks 1, 2A, 2B, 3, 4, 5, 6) Permit for Excess Vegetation Disposal P2024401

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 on approximately 1,740 acres of real property known as Block 1, Block 2A, Block 2B, Block 3, Block 4, Block 5, and Block 6, collectively referred to as the Premises, on the Los Banos Wildlife Area (LBWA), in the County of Merced.

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 managing the habitat for ecological value and public use. The CDFW is requesting proposals from livestock owners 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 five and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a four–year and eleven– month permit agreement.

Proposals must be received no later than October 15, 2024, by 03:00 PM. A minimum of one original and five copies of the proposal must be submitted.

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

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

CDFW Administrative Contact: CDFW Site Manager:

Name: Tracy Sunamoto Name: Sean Allen Title: Administrative Officer III Title: Senior Environmental

Scientist Supervisor Address: 1234 East Shaw Avenue

Fresno, CA, 93710 Address: 18110 W Henry Miller Road

Los Banos, CA, 93635 Phone: (559) 999–9121 Phone: (559) 341–2865 Email: Tracy.Sunamoto@wildlife.ca.gov Email: Sean.Allen@wildlife.ca.gov

California Department of Fish and Wildlife Request for Proposal – P2024401

Site Inspection Location 18110 W Henry Miller Road Los Banos, CA 93635 It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on September 16, 2024, at 09:00 am.

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

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 ………………..……21

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

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

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

G. Required Attachments .................................................................................. xxviii

Attachment 1 – Required Attachment Check List ........................................ xxviii Attachment 2 – Transmittal Letter .................................................................. xxix Attachment 3 – Statement of Qualifications ....................................................xxx Attachment 4 – Description of Personnel and Organizational Structure ......... xxxi Attachment 5 – Proposal for Goal 1 .............................................................. xxxii Attachment 6 – Proposal for Goal 2 .............................................................. xxxii Attachment 7 – Proposal for Goal 3 .............................................................. xxxii Attachment 8 – Proposal for Goal 4 .............................................................. xxxii Attachment 9 – Proposal for Goal 5 .............................................................. xxxii

Attachment 10 – Proposal for Goal 6 ............................................................ xxxii Attachment 11 – Disclosure Statements ...................................................... xxxiii Attachment 12 – Fee Proposal Form ........................................................... xxxiv Attachment 13 – Bidder References and Reference Letters ......................... xxxv Attachment 14 – Site Inspection Certification ............................................... xxxvi Attachment 15 – Proposal Certification Form .............................................. xxxvii Attachment 16 – Authorization Document .................................................... xxxix

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 reducing fuel load and removing invasive plant species to enhance habitat for grassland species thereby improving the 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 LBWA which can be provided upon request. A long–term objective of the CDFW is to use vegetation disposal activities to encourage and support wildlife, habitat, and public use activities on the LBWA.

B. Property Description and Vegetation Disposal Overview

The LBWA is located in western Merced County approximately 4.5 miles northeast of Los Banos and is part of the CDFW Central Region. It is composed of approximately 6,275 acres. The Premises is 1,740 acres within the larger LBWA and includes acres of native upland, irrigated pasture, managed wetland and riparian habitat along multiple slough channels and permanent and semi–permanent water sources. The Premises varies little in elevation ranging between 80 and 90 feet above sea level and receives approximately 10” of rain between November and March annually. Soil within the Premises ranges between clay/clay loam to loam. A wide variety of wildlife occurs within the Premises, including many bird species particularly waterfowl, shorebirds, Sandhill cranes, upland game birds, passerines, various raptors as well as fish, deer and rare amphibians and reptiles may occur.

The Premises is currently growing a mixture of invasive (e.g. yellow starthistle (Centaurea solstitialis), perennial pepperweed (Lepidium latifolium), poison hemlock (Conium maculatum), foxtail barley (Horedum jubatum), cheatgrass (Bromus tectorum), and various winter annuals) and native species of grasses and forbs (e.g.

salt grass (Distichlis spicata), alkali sacaton (Sporobolus airoides), and beardless wild rye (Elymus triticoides).

The LBWA boundary is lined with fencing, with signage posted at regular intervals indicating its status as a state wildlife area. Boundaries of each Block within the Premises will be identified by fencing (interior and boundary), barbed wire and/or hotwire, as outlined in Exhibit A, Figures 2–7 and Table 2. Typically, the fences will be placed along a road, boundary line and/or major water body. Details of current fencing conditions and additional needs are in Exhibit B, Table 2. All the Blocks within the Premises can be accessed through the main entrance off Henry Miller Road gate which remains unlocked from approximately the end of February to September 15 each year during the Permit term. In addition to the main entrance, some of the Blocks have additional access gates. Access to the holding pen in Block 2B is off Hereford Road. Access to Block 3 is located off Wolfsen Road just past the Salt Slough crossing, and access to Block 4 is through a locked gate also on Wolfsen Road, just south of the Salt Slough Check Station.

The goal of the Premises is to remove invasive plant species to promote native species growth and reduce excessive vegetation, thereby reducing fire hazard by aggressively grazing each Block to reach a target of 300 lbs/acre of RDM. The quality of forage between grazing Blocks within the Premises ranges widely per Block detailed in Exhibit B, Table 5, thus prescriptive grazing rotations will be used to ensure that livestock are removing an appropriate amount of vegetation from each Block. Each Block has a specific grazing Block use time frame within the annual grazing period and from year to year for duration of the Permit term. The annual grazing period will be from February 1 through October 31 each year during the Permit term. The total AUMs per grazing period will change annually to account for the different AUMs and timing of the grazing use per Block. Exhibit B, Tables 1 and 4 detail the time frame per Block during each annual grazing period, and Exhibit B, Table 6 describes the total AUMs for grazable Blocks for each year during the Permit term.

CDFW staff will conduct vegetation (i.e. RDM, photo points, plant transects…etc.)

and other monitoring (i.e. bird use), as needed before, during, and after each annual grazing period, to ensure that habitat goals are being achieved and to inform any potential management adjustments needed to reach those goals. In addition, certification of herd health will be required from a veterinarian annually before entrance to the Premises and livestock will need to be counted as they are brought onto the Premises, supervised by CDFW staff and reported monthly thereafter as well as when livestock is moved between Blocks by the Permittee to the CDFW Site Manager.

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 24 hours during the vegetation disposal period;

4. A minimum fee proposal of $20.00 per AUM; and

5. 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 February 1, 2025, and may not continue past October 31, 2029.

2. A maximum of AUM per acre per month per Block as listed: Block 1 – 3.50; Block

2A – 2.95; Block 2B – 2.10; Block 3 – 4.20; Block 4 – 1.35; Block 5 – 1.40; Block 6 – 10

3. Only cattle, goats, and sheep may be grazed.

4. An average of 300 lbs./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 LBWA.

E. Permit Term and Fee

If awarded, the term of this Permit shall be four years and eleven months commencing February 1, 2025, or upon approval of the STATE, whichever is later (Commencement Date) and terminating on December 31, 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 nine months, starting February 1 each year of the Permit term and ending October 31 each year of the Permit term.

The annual permit fee will be calculated as the product of the proposed fee amount per AUM times the total number of AUMs per year.

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 January 15, 2025 or Upon Permit

Half Annual Fee

February 1, 2025 – October 31, 2025

Execution, Whichever is Later

2 June 15, 2025 Half Annual Fee

February 1, 2025 – October 31, 2025

3 January 15, 2026 Half Annual Fee

February 1, 2026 – October 31, 2026

4 June 15, 2026 Half Annual Fee

February 1, 2026 – October 31, 2026

5 January 15, 2027 Half Annual Fee

February 1, 2027 – October 31, 2027

6 June 15, 2027 Half Annual Fee

February 1, 2027 – October 31, 2027

7 January 15, 2028 Half Annual Fee

February 1, 2028 – October 31, 2028

8 June 15, 2028 Half Annual Fee

February 1, 2028 – October 31, 2028

9 January 15, 2029 Half Annual Fee

February 1, 2029 – October 31, 2029

10 June 15, 2029 Half Annual Fee

February 1, 2029 – October 31, 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 September 1, 2024 – October 14, Mandatory Site Inspection September 16, 2024, at 09:00 am Proposal Submission Deadline October 15, 2024, at 03:00 pm Proposal Evaluation and Ranking October 23, 2024 Interviews, If Necessary October 28, 2024 Final Selection/Notice of Intent to Award October 31, 2024 Proposed Award Date November 5, 2024 Finalize Exhibit B November 12, 2024 Proposed Commencement Date February 1, 2025

2. Mandatory Pre–Proposal Conference and Site Inspection

a. A mandatory site inspection is scheduled at 09:00 am on September 16, 2024, at 18110 W Henry Miller Road, Los Banos, CA 93635 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 P2024401” to the CDFW Administrative Contact person listed on page 1. 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 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 10 [One Attachment Per Goal Proposal] – 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. Examine the potential for increasing the abundance of native plant species by reintroducing cattle grazing to grassland currently dominated by non–native species on the Premises.

2. Prevent invasion of poison hemlock and other tall, introduced forbs (radish, mustard, etc.).

3. Prevent cattle from grazing non–target adjacent habitats (wetlands, upland and riparian) by maintaining effective cattle fences.

4. Adapt a disturbance regime that fosters native annual wildflower diversity and abundance, by reintroducing cattle grazing to grassland that has been grazed previously between 2000–2003 and 2009–2013. Three native species are targeted due to their rarity on site: night–scented owl’s clover, bird’s beak, and alkali sacaton.

5. Increase cover and aerial extent of native perennial grasses.

6. Mediate and reduce the impact of invasion of pepperweed and other nonnative invasive plants on the Premises.

Attachment 11 – 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 or 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 12 – 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 13 – 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 14 – 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 15 – Proposal Certification Form Form provided in this RFP. (Instructions on page two of this form).

Attachment 16 – Authorization Document Attach the appropriate document to the provided check–form as described. See page xxxix 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:

Los Banos Wildlife Area (Blocks 1, 2A, 2B, 3, 4, 5, 6) Permit for Excess Vegetation Disposal P2024401 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:

Miriam Rodriguez and Joshua Shadle

California Department of Fish and Wildlife Bidder Name 1234 E. Shaw Ave.

Fresno, CA 93710

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 Wildlife Area Manager, regional CDFW representative, and/or qualified CDFW Regional staff with experience in grazing. 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 17 points Proposal for Goal 1 3 points Proposal for Goal 2 3 points Proposal for Goal 3 3 points Proposal for Goal 4 3 points Proposal for Goal 5 3 points Proposal for Goal 6 3 points Proposed Fee 10 points

Total Possible Points: _ 45 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 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.

Bidder Experience

1–15 Rate bidders’ knowledge, experience, and approach to benefit the Premises based upon their proposal describing supplies needed (fencing, portable corrals, water tanks…etc.), years of experience and description of activities.

0–2 Ability and Procedure to respond in 24 hours for an Emergency

Goal 1 Examine the potential for increasing the abundance of native plant species by reintroducing cattle grazing to grassland currently dominated by non–native species on the Premises.

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

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

2 Proposal would meet the goal with no negative impacts.

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

Goal 2 Prevent invasion of poison hemlock and other tall, introduced forbs (radish, mustard, etc.).

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

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

2 Proposal would meet the goal with no negative impacts.

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

Goal 3 Prevent cattle from grazing non–target adjacent habitats (wetlands, upland and riparian) by maintaining effective cattle fences.

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

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

2 Proposal would meet the goal with no negative impacts.

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

Goal 4

Adapt a disturbance regime that fosters native annual wildflower diversity and abundance, by reintroducing cattle grazing to grassland has been grazed previously between 2000–2003 and 2009–2013. Three native species are targeted due to their rarity on site: night–scented owl’s clover, bird’s beak and Sacaton.

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

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

2 Proposal would meet the goal with no negative impacts.

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

Goal 5 Increase cover and aerial extent of native perennial grasses.

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

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

2 Proposal would meet the goal with no negative impacts.

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

Goal 6 Mediate and reduce the impact of invasion of pepperweed and other nonnative invasive plants on the Premises.

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

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

2 Proposal would meet the goal with no negative impacts.

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

Cost (10 points possible):

The highest price offered receives the maximum of 10 points. All other proposals will receive a score based on the following formula:

Cost proposal divided by the highest cost proposal x 10 points = Score

Example:

Highest bid is $35.00/AUM……………………………….…………….10 points Next highest bid is $32.50/AUM…($32.50 divided by $35.00) times 10 = 9.3 points Next bid is $25.00/AUM…($25.00 divided by $35.00) times 10 = 7.1 points

= TOTAL POINTS SCORED TOTAL POINTS POSSIBLE: 45

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 original of the Permit for Excess Vegetation Disposal and return signed original 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 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.

i

16. Exhibit A: Map Figure 1: Location Overview ii

Exhibit A: Map (Cont’d) Figure 2: Grazing Block 1

Figure 3: Grazing Block 2A iii

Figure 3: Grazing Block 2B

Figure 4: Grazing Block 3 iv

Figure 5: Grazing Block 4

Figure 6: Grazing Block 5 v

Figure 7: Grazing Block 6 — Riparian Goat/Sheep Grazing vi

17. Exhibit A–1: Legal Description of Site

APN: 073–100–002; 073–100–003; 073–100–004; 073–150–001; 073–150–002

vii

Exhibit A–1: Legal Description of Site (Cont’d)

Grazing Blocks 1, 2B, 3 & 4

APN: 073–030–003; 073–030–007; 073–030–008; 073–030–015; 073–060–

007; 073–090–002; 073–090–011; 073–110–001; 070–150–044; 073–090–012 viii ix x xi xii xiii xiv xv

Figure 8: Los Banos Wildlife Area Parcels and Grazing Blocks xvi

18. Exhibit B: Site Operation Plan

Site Description

Location The 6,275–acre Los Banos Wildlife Area (LBWA) is located in western Merced County, California within the Grasslands Ecological Area (Grasslands). The LBWA headquarters is located 4.5 miles northeast of the City of Los Banos (Exhibit A, Figure 1). The proposed grazing areas, collectively referred to as the Premises, consists of Block 1, 2A, 2B, 3, 4, 5, and 6 (see Exhibit A: Map), which includes 1,265 acres of native upland and irrigated pasture for cattle grazing and 75 acres of native upland pasture with an additional 400 acres of riparian areas to be grazed by goats and/or sheep, for a total of 1,740 acres. The fields have been aggregated as grazing Blocks for management purposes, summarized in Table 1 and shown in Exhibit A and Exhibit A–1.

Table 1 – Summary of LBWA grazing blocks.

Grazing Block

Total Acreage

Field Numbers

Habitat Type

Grazing Type Approximate Timing

1 410 60A/B, 61C Native Upland Cattle

February – April, Annually, May – July, Years 1, 2, 4 or Years 1, 2, 3, 5

2A 310 35, 40 Native Upland Cattle April – June, Years 1, 3, 5

2B 340 57A/B, 58 Native Upland Cattle April – June, Years 2, 4

3 135 62A/B/C, 63A/C, 66

Irrigated Pasture Cattle June – October, Years

1–3

4 70 67A, 69B Irrigated Pasture Cattle June – July, Years 1, 5

5 75 14G, 15A/B, Native Upland

Goats and/or Sheep

February – March, Years 1, 3, 5

6 400 Mud Slough, Salt Slough corridors Riparian

Goats and/or Sheep

February – October, Years 1–3

Purpose of Acquisition The Grasslands, comprised of 180,000–acre of state, federal, and private land, is the largest contiguous freshwater wetlands remaining in California, providing key habitat for hundreds of thousands of waterfowl. The first state area in the Grasslands, LBWA, was created in 1929 after 3,000 acres of land was purchased to preserve wetland habitat for waterfowl to increase waterfowl populations, which were thought to be low at the time, and to minimize waterfowl use on neighboring agricultural fields (such as rice). By 1950, xvii the management objectives changed to include minimizing the depredation on farm crops by providing foraging and loafing habitat for waterfowl and providing the public with waterfowl hunting opportunities (CDFG, 1988).

Topography and Climate The general topography of the Premises varies little in elevation with much of the land ranging between 80 and 90 feet above sea level. The average annual precipitation is 10 inches and primarily falls as rain between November and March (Los Banos, US Climate Data).

Soil The Premises is characterized by its partially to poorly drained alluvial soils, primarily clay/clay loam to loam (CDFG, 1988). The soil profile is composed of thick, dark grey soil with moderate to low permeability resulting in a moderate risk of compaction but a low risk for erosion unless near banks/cliffs of riparian and major water bodies (Natural Resource Conservation Service, [NRCS] 2023). In addition, due to the soil type, fencing may have a higher maintenance cost regarding ease of setting posts and maintaining wire tension (NRCS, 2023). The alkaline soils contain a mixture of sodium chloride, sodium carbonate, and sodium sulfate which form salt crusts on the surface when dry.

Wildlife The LBWA, including the Premises, contains a diversity of habitats which allows for a wide variety of local and migratory wildlife to be found using the area. Species of interest that could be impacted by grazing on the Premises include the Swainson’s hawk (State threatened), burrowing owl (species of concern), sandhill crane (greater sandhill is State threatened), wintering geese, nesting ducks, and Northern harrier.

Habitats Each Block within the Premises contains a variety of riparian zones, uplands, as well as permanent and seasonal wetlands. The Premises is currently growing a mixture of invasive (e.g. yellow starthistle (Centaurea solstitialis), perennial pepperweed (Lepidium latifolium), poison hemlock (Conium maculatum), foxtail barley (Horedum jubatum), cheatgrass (Bromus tectorum), and various winter annuals) and native species of grasses and forbs (e.g. salt grass (Distichlis spicata), alkali sacaton (Sporobolus airoides), and beardless wild rye (Elymus triticoides). The majority of grazing blocks 1, 2A, 2B, 4, and 5 are currently vegetated by annual grasses with some patches of yellow starthistle, perennial pepperweed, and poison hemlock. Grazing Block 3 contains more extensive areas of the same weeds with large patches of annual grasses.

Blocks 1 and 3 border the waterways of Salt Slough and Mud Slough (Block 6), primarily in the north and east. The embankments of the slough are steep and sensitive to disturbance and livestock will need to be excluded in areas along the slough from direct access using existing fencing and additional electrical fencing. The southeast grazing blocks (2A, 2B) also surround Big and Little Buttonwillow Lakes as well as several smaller waterbodies that will require riparian monitoring and possibly exclusion.

xviii

Current Management Current management on the LBWA, including the Premises, consists of extensive seasonal wetland management involving disking, mowing, and irrigating fields during the summer months of moist soil plants for…