RFP_P2026201_Whaley_Unit_Final.pdf

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Cosumnes River Ecological Reserve Whaley Unit Permit for Excess Vegetation Disposal Permit P2026201
Solicitation number
0000039026
Issued by
Sacramento County, California

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This is a Request for Proposal (RFP) issued by the California Department of Fish and Wildlife (CDFW), serving as an agent of the State of California, for a Permit for Excess Vegetation Disposal (grazing operation) on the Whaley Unit of the Cosumnes River Ecological Reserve in Sacramento County. The CDFW seeks proposals from livestock owners and operators experienced in wildlife-friendly grazing on public or conservation easement protected lands to conduct vegetation disposal activities on approximately 175 acres using cattle grazing. The mandatory site inspection is scheduled for May 7, 2026, at 10:00 a.m. at 8656 Twin Cities Road, Galt, California. Proposals must be received by May 15, 2026, at 3:30 p.m., with a minimum of one original and one copy submitted under sealed cover. The selected permittee will enter into a four-year and nine-month agreement commencing December 1, 2026, and terminating August 31, 2031, with an annual grazing period of seven months from January 1 to July 31. The anticipated award date is June 16, 2026, following proposal evaluation and ranking on June 8, 2026, and potential interviews on June 11, 2026.

The permit allows a maximum of 11 Animal Units (AUs) per month with only cattle permitted for grazing. The annual permit fee will be calculated as the proposed fee per AU per month multiplied by 11 AUs multiplied by 7 months, with fees due semi-annually on December 15 and April 1 each year. Bidders must meet minimum qualifications including two references from the past five years or one from the past two years for similar work on public or conservation lands, a minimum of five years of wildlife-friendly grazing experience, the ability to respond to emergencies within one hour, and possession of appropriate livestock. Proposals are evaluated on a 150-point scale including qualifications (pass/fail), experience and organization (10 points), emergency response capability (10 points), and detailed proposals for six management goals (15 points each), with 40 points awarded based on the proposed fee. No current incumbent is identified. Bidders must also disclose any legal claims within the past five years or bankruptcy proceedings within the past ten years, provide herd health records, and comply with all Site Operation Plan requirements detailed in Exhibit B.

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

(Rev. 8/20/2025) Conserving California’s Wildlife Since 1870 Page 1

April 27, 2026

REQUEST FOR PROPOSAL

Cosumnes River Ecological Reserve Whaley Unit Permit for Excess Vegetation

Disposal Permit P2026201

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 175 acres of real property known as the Whaley Unit, referred to as the Premises, on the Cosumnes River Ecological Reserve (CRER), in the Sacramento County of California.

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 protecting the lower Cosumnes and Mokelumne River watersheds, promoting waterfowl and other native species of the floodplain and riparian ecosystems, and restoring vernal pool and other grassland ecosystems. 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 five and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a four year and nine month Permit agreement..

Proposals must be received no later than May 15, 2026, at 3:30pm. A minimum of one original and one copy of the proposal must be submitted.

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

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

CDFW Administrative Contact: CDFW Site Manager:

Name: Gail Turner Name: Dustin Wallis Title: Contract Analyst Title: Environmental Scientist Address: 1701 Nimbus Rd.

Rancho Cordova, CA 95670

Address: 1701 Nimbus Rd.

Rancho Cordova, CA 95670

California Department of Fish and Wildlife Request for Proposal – P2026201

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

Site Inspection Location 8656 Twin Cities Road Galt, CA 95632

It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on May 7, 2026, at 10:00am

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

TABLE OF CONTENTS

SECTION PAGE

A. Objectives for Permit………………………………………………........................…5

B. Property Description and Vegetation Disposal Overview

C. Bidder’s Minimum Qualifications…………………………………………...……….6

D. Proposals…………………………………………………………………………...……6

E. Permit Term and Fee……………………………………

F. Proposal Requirements and Information……………………………………...…...8

Key Action Dates Mandatory Pre-Proposal Conference and Site Inspection Questions and Answers Proposal Format Requirements Submission of Proposal Evaluation and Ranking Interviews (If Needed) Basis of Award Disposition of Proposal Protest Finalization of Site Operation Plan (Exhibit B) Permit for Excess Vegetation Disposal Award……………………….…...………20 Permit Execution and Performance Sample Permit for Excess Vegetation Disposal Generative Artificial Intelligence (GenAI) Requirement ………………..………..21 Exhibit A: Map .................................................................................................... i Exhibit A-1: Legal Description of Site ................................................................. ii Exhibit B: Site Operation Plan ........................................................................... iii

G. Required Attachments………………………………………………………………xii

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

Attachment 10 – Proposal Certification Sheet ..................................................xxi Attachment 11 – Authorization Document ...................................................... xxiii

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 grazing operations beneficial to wildlife. Vegetation disposal on the Premises will be expected to follow the general guidelines described in the Land Management Plan for the CRER which can be found in the(Land Management Plan for Cosumnes River Ecological Reserve) or provided upon request. A long-term objective of the CDFW is to use vegetation disposal activities to encourage and support wildlife habitat and forage on the CRER. Specifically, reduction of non-native grasses and fuel loads will help protect wildlife habitat from damaging high-intensity wildfires.

B. Property Description and Vegetation Disposal Overview

The Premises is located in southern Sacramento County near the city of Galt, California and is part of the CDFW North Central Region (Region 2). It is composed of approximately 175 acres. The Premises is managed by the CDFW as part of the CRER, a subsection of the larger Cosumnes River Preserve (Preserve).

The CDFW is an official signatory partner of the Preserve along with The Nature Conservancy, the Bureau of Land Management (BLM), Sacramento County, Ducks Unlimited, the California Department of Water Resources, and the California State Lands Commission. The CRER was established for the permanent protection of a continuous riparian corridor extending from the Cosumnes River headwaters in El Dorado County to the delta. Threatened species that occur at the Preserve and may be found at the Premises include greater sandhill crane (Antigone canadensis tabida), Swainson’s hawk (Buteo swainsoni), and giant garter snake (Thamnophis gigas). Many other native species of mammals, waterfowl, songbirds, reptiles, and amphibians also occur on the CRER.

The Premises is a 175-acre allotment owned by the CDFW, consisting of grassland and riparian habitat (Exhibit A). The total Animal Unit (AUs) for this permit is 11 per month. The annual grazing period will be seven months from January 1 to July 31 each year of the Permit Term. Adjacent to the Premises is a 193-acre allotment, owned by the State of California Lands Commission and managed by BLM (Exhibit A). There is no fencing between the Premises and this 193-acre property, therefore the successful bidder for the Premises permit will need to either enter into a cooperative agreement with the BLM or construct a fence to prevent cattle trespass onto the Lands Commission property. As both the Premises and the 193-acre property are part of the Preserve, the CDFW and the BLM have reached an agreement that both areas can be grazed collectively following the management objectives described in the Premises Site Operation Plan (see Exhibit B – Site Operation Plan for more information). The stocking rate for the BLM-managed allotment adjacent to the Premises is 32 AUs per month, with the same grazing seasons as the Premises. New fencing was placed around the combined outside perimeter of the Premises and the adjacent BLM-managed allotment during the spring of 2021.

Laguna Creek flows between the Premises and BLM-managed allotment, providing significant water sources to the Premises. Please note that although Laguna Creek is a perennial water source, the CDFW cannot guarantee the presence of water. In the occurrence that water is unavailable on the Premises, the Permittee will be responsible for bringing in water. Troughs and other infrastructure will be placed in coordination with the 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 and reference letter in the past two years that can attest to the potential Permittee’s experience in the implementation of a vegetation disposal agreement performed on public or conservation easement protected lands;

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

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

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

D. Proposals

All proposals must conform to the following parameters:

1. Vegetation disposal activities may not begin prior to December 1, 2026, and may not continue past August 31, 2031.

2. A maximum of 11 AU’s per month.

3. Only cattle may be grazed.

4. An average of 1000 lbs./acre of Residual Dry Matter (RDM) will remain on the premises at the end of the annual grazing period.

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

In ranking proposals, the CDFW will consider how the proposed activities may further or conflict with the CDFW goals for the Cosumnes River Ecological Reserve.

E. Permit Term and Fee

If awarded, the term of this Permit shall be four years and nine months, commencing December 1, 2026, or upon approval of the STATE, whichever is later (Commencement Date) and terminating on August 31, 2031, with such rights of termination as are set forth in the Permit. The STATE shall have the right to delay the Commencement Date if the STATE determines that the condition of the Premises warrant such a delay.

The annual grazing period will be seven months, starting January 1 and ending July 31.

The annual Permit fee will be calculated as the product of the proposed fee amount per AU per month multiplied by the number of months grazing multiplied by the accepted fee per AU (bid amount per AU per month X 11 AUs X 7 months = annual Permit fee total).

If an award is made, the following terms are expected to be included in the Permit:

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 December 15, Half Annual Fee

January 1, 2027 - March 31, 2027

2 April 1, 2027 Half Annual Fee

April 1, 2027- July 31, 2027

3 December 15, Half Annual Fee

January 1, 2028 - March 31, 2028

4 April 1, 2028 Half Annual Fee

April 1, 2028 - July 31, 2028

5 December 15, Half Annual Fee

January 1, 2029 - March 31, 2029

6 April 1, 2029 Half Annual Fee

April 1, 2029 - July 31, 2029

7 December 15, Half Annual Fee

January 1, 2030 - March 31, 2030

8 April 1, 2030 Half Annual Fee

April 1, 2030 - July 31, 2030

9 December 15, Half Annual Fee

January 1, 2031 – March 31, 2031

10 April 1, 2031 Half Annual Fee

April 1, 2031- July 31, 2031

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 April 27, 2026 - June 1, 2026 Mandatory Site Inspection May 7, 2026 at 10:00am Proposal Submission Deadline June 1, 2026 at 3:30pm Proposal Evaluation and Ranking June 8, 2026 Interviews, If Necessary June 11, 2026 Final Selection/Notice of Intent to Award June 11, 2026 Proposed Award Date June 16, 2026 Finalize Exhibit B June 25, 2026 Proposed Commencement Date December 1, 2026

2. Mandatory Pre-Proposal Conference and Site Inspection

a. A mandatory site inspection is scheduled on May 7, 2026 at 10:00am at 8656 Twin Cities Rd. Galt, CA 95632 (shown in Exhibit A) 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 xi 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 P2026201” to the CDFW Administrative Contact person listed on page xi. To ensure a response, questions must be received by the CDFW no less than seven business days prior to the proposal submission deadline. At the sole discretion of the CDFW, questions may be paraphrased by the CDFW for clarity.

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

4. Proposal Format Requirements

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

Attachment 1 – Required Attachment Checklist Form provided in this RFP. A checklist to be included with the submission of proposals to ensure that the proposal is complete.

Attachment 2 – Transmittal Letter

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

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

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

CDFW.

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

Attachment 4 – Description of Personnel and Organizational Structure

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

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

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

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

5. Location of office(s).

Attachment 5 – Proposals for Each Goal (1-6) Provide one written proposal of how you or your firm would operate to accomplish each of the eight goals listed below. Each proposal must be submitted on separate sheet(s) of paper. Proposals must contain enough detail for the CDFW to score each proposal according to the established criteria. A sample proposal evaluation and scoring sheet is included herein.

Permit Goals:

1. By July 31 of each year during the Permit term, there will be approximately

1,000lbs per acre of RDM remaining and evenly distributed on the Premises. Explain how you will use your cattle to achieve this goal.

2. Indicate your expected presence at the Premises during the annual grazing period, including the frequency of visits. Explain what practices you will use to minimize impacts to wildlife during your visits.

3. Enhancing habitat for white fronted geese is a priority for the Premises.

Explain how you intend to manage cattle grazing and influence cattle movement to prioritize the improvement of habitat for white fronted geese.

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

5. Negative impacts to riparian areas and waterways shall be avoided.

Describe how you intend to minimize impacts to Laguna Creek, and how you will remedy issues of compaction and erosion caused by cattle that are negatively affecting Laguna Creek.

6. Describe your contingency plan for a scenario where cattle are present on the Premises and flood waters are rising and are suspected to inundate the Premises. Explain your inspection process before bringing cattle back to the premises, and how you plan to coordinate and share your findings with

Attachment 6 – Disclosure Statements

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

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

Attachment 7 – Fee Proposal Form Form provided in this RFP. Provide a proposed fee per AU’s per month. All costs associated with the proposed performance of the wildlife friendly grazing and complying with the provisions of the Permit should be considered by the bidder when submitting this fee proposal.

Attachment 8 - Bidder References and Reference Letters Form provided in this RFP. Provide the applicable references and reference letters as detailed in the Minimum Qualifications section.

Attachment 9 - Site Inspection Certification Form provided in this RFP. This form must be signed by the bidder, or an authorized representative, and co-signed by the Site Manager on the day of the mandatory site inspection to certify attendance.

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

Attachment 11 – Authorization Document

Attach the appropriate document to the provided check-form as described. See page xxiii 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:

Cosumnes River Ecological Reserve Whaley Unit Permit for Excess Vegetation Disposal Permit P2026201 California Department of Fish and Wildlife Bidder Name Bidder Address Bidder City, State Zip

DO NOT OPEN

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

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

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

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

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

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

c. All proposals shall include the documents identified in Section G-4, Required Attachment Checklist (Attachment 1). Proposals not including the proper required attachments shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

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

e. Mail or deliver proposals to the following address:

Cosumnes River Ecological Reserve Whaley Unit Permit for Excess Vegetation Disposal Permit P2026201 California Department of Fish and Wildlife Bidder Name 1701 Nimbus Rd Rancho Cordova, 95670

DO NOT OPEN

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

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

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, but is not limited to, a CDFW Wildlife Area Manager or regional CDFW representative.

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

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 10 points Ability to Respond to Emergencies 10 points Proposal for Goal 1 15 points Proposal for Goal 2 15 points Proposal for Goal 3 15 points Proposal for Goal 4 15 points Proposal for Goal 5 15 points Proposal for Goal 6 15 points Proposed fee 40 points

Total Possible Points: 150 Points

The method of evaluation and scoring is as follows:

Statement of Qualifications

Pass Meets minimum qualifications.

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

Reference Check

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

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

Disclosure Statement

Pass The bidder did not 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.

Knowledge, Experience, and Organization Information

1-10 Scored based upon the bidder’s knowledge and experience to benefit the Premises

Ability to Respond to Emergencies

1-10 Scored based upon the ability to respond to emergencies in a timely manner.

Goal 1

By July 31 of each year during the Permit term, there will be approximately 1,000lbs per acre of RDM remaining and evenly distributed on the Premises. Explain how you will use your cattle to achieve this goal.

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

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

10 Proposal would meet the goal with no negative impacts.

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

Goal 2

Indicate your expected presence at the Premises during the annual grazing period, including the frequency of visits. Explain what practices you will use to minimize impacts to wildlife during your visits.

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

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

10 Proposal would meet the goal with no negative impacts.

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

Goal 3

Enhancing habitat for white fronted geese is a priority for the Premises. Explain how you intend to manage cattle grazing and influence cattle movement to prioritize the improvement of habitat for white fronted geese.

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

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

10 Proposal would meet the goal with no negative impacts.

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

Goal 4

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

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

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

10 Proposal would meet the goal with no negative impacts.

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

Goal 5

Negative impacts to riparian areas and waterways shall be avoided.

Describe how you intend to minimize impacts to Laguna Creek, and how you will remedy issues of compaction and erosion caused by cattle that are negatively affecting Laguna Creek.

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

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

10 Proposal would meet the goal with no negative impacts.

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

Goal 6

Describe your contingency plan for a scenario where cattle are present on the Premises and flood waters are rising and are suspected to inundate the Premises. Explain your inspection process before bringing cattle back to the premises, and how you plan to coordinate and share your findings with CDFW.

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

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

10 Proposal would meet the goal with no negative impacts.

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

Cost (40 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: 150

7. Interviews (If Needed)

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

8. Basis of Award

The Permit award, if made, will be to the responsive, responsible bidder with the highest ranking based upon the evaluation criteria (and any interview results). The evaluation process is designed to award the Permit not necessarily to the bidder offering the highest fee, but rather to the bidder with the best combination of attributes based upon the evaluation criteria and that which presents the most advantageous proposal to the CDFW.

Proposal responses must comply with all RFP requirements. Failure to do so will disqualify the proposal. If it is determined not to be in the best interest of the STATE, the CDFW reserves the right to not award a Permit in response to this

RFP.

9. Disposition of Proposal

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

b. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation process. Upon the completion of the evaluation of proposal, indicated by a notice of intent to award the Permit, the proposals and associated materials shall be open for review by the public to the extent allowed by the California Public Records Act (Government Code sections 6250-6270 and 6275-6276.48). By submitting a proposal, the bidder acknowledges and accepts that the contents of the proposal and associated documents shall become open to public inspection. The guidelines for making CDFW-related Public Records Act requests are available on the CDFW/Fish and Wildlife Commission Guidelines for Public Records Act Requests internet page, here:

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

10. Protest

a. In Accordance with Public Contract Code Section 10345, if any bidder, prior to the award of an agreement, files a written protest with the Department of General Services (DGS) – Office of Legal Services and CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or the DGS has decided the matter. The protest must be sent to:

Department of General Services Office of Legal Services

California Department of Fish and Wildlife

Attn: Bid Protest Coordinator Attn: State Owned Properties Management Unit

Address: 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Address: P.O. Box 944209 Sacramento, CA 94244-

Email: OLSProtests@dgs.ca.g ov

Email: BMBstateownedproperti es@wildlife.ca.gov

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

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 original copy of the Permit for Excess Vegetation Disposal, provided by CDFW electronically 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 must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

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16. Exhibit A: Map ii

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

18. Exhibit B: Site Operation Plan The proposed grazing activity will be conducted with non-exclusive rights on approximately 175 acres of real property known as the Whaley Unit, referred to as the Premises, within the Cosumnes River Ecological Reserve (CRER), in Sacramento County, California.

Site Description The CRER is part of the Cosumnes River Preserve (Preserve) located in southern Sacramento County near the city of Galt, California. The CRER was established for the permanent protection of a continuous riparian corridor extending from the Cosumnes River headwaters in El Dorado County to the Delta. It includes floodplain and wetland habitats and vernal pool grasslands. The vision for the Preserve is for partners to utilize compatible farming activities to sustain native wildlife communities and the processes that perpetuate a dynamic mosaic of habitats. The CDFW is an official signatory partner of Preserve along with The Nature Conservancy, the Bureau of Land Management (BLM), Sacramento County, Ducks Unlimited, the California Department of Water Resources, and the California State Lands Commission. The CRER consists of ten properties totaling more than 4,600 acres. The Premises for this permit is the CRER Whaley Unit, (Exhibit A), located at approximately 8656 Twin Cities Road Galt, California. The Premises consists of a 175-acre allotment owned by the CDFW.

Adjacent to the Premises is a 193-acre property owned by the State of California Lands Commission (Exhibit A) and managed by the BLM. There is no fencing between the Premises and this 193-acre property, therefore the Permittee will need to either enter into a cooperative agreement with the BLM or construct a fence to prevent cattle trespass onto the Lands Commission property. As both the Premises and the 193-acre property are part of the Preserve, the CDFW and the BLM have reached an agreement that both areas can be grazed collectively following the management objectives described in this Site Operation Plan (see Habitat/Management Objectives below).

Habitat/Management Objectives The CRER has the following habitat objectives as part of the Preserve’s proposed land management plan:

1. Protect, create, restore and manage rivers, creeks and sloughs within the lower Cosumnes and Mokelumne River watersheds;

2. Protect, restore, manage and study floodplain and riparian ecosystems to maintain their sustaining ecological processes and promote their native species;

3. Protect, maintain, and restore vernal pool and grassland ecosystems, maintain their sustaining ecological processes, and promote their native species; and

4. Maintain wildlife-friendly agriculture operations that are compatible with the Preserve overall mission and goals.

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As such, the Premises has the following objectives:

1. Protect, restore, and manage Laguna Creek, including by decreasing the abundance of water primrose (Ludwigia spp.);

2. Maintain optimal habitat for riparian and floodplain dependent species, especially greater white-fronted geese (Anser albifrons) and other waterfowl;

3. Protect and encourage valley oak (Quercus lobata) regeneration. Restore and manage the actors and processes underlying the oak woodland ecosystem;

4. Control the spread of unwanted species such as bull thistle (Cirsium vulgare) and poison hemlock (Conium macalatum). Minimize the impact of non-native invasive species in riparian and floodplain habitats through early detection and control. Increase relative abundance of native, perennial grasses, and forbs;

5. Decrease flashy fuel loads generated by the growth of annual grasses; and

6. Ensure healthy, functioning populations of wildlife species found on the landscape. Increase wildlife population numbers, when sensible.

Excess vegetation removal, also known as prescribed grazing, will help meet objectives 2, 4, and 5 above. Prescribed grazing reduces the amount of live biomass and subsequent Residual Dry Matter (RDM) found on the Premises and the CRER. The reduced RDM allows greater white-fronted geese and other waterfowl access to the new growth of grass and forbs during the winter months.

These waterfowl utilize this growth for sustenance as part of their winter-time activity. The lower RDM also decreases the fuel load of the landscape, minimizing the intensity of local fires. This lowered fire risk protects the lives and property of people living adjacent to the Premises, as well as the wildlife utilizing the landscape. Prescribed grazing also limits the spread of unwanted species, particularly when targeted towards new plant growth. There is some uncertainty about whether the grazing prescription in this RFP will decrease the abundance of the unwanted species found at the Premises (see Grazing Prescription, Invasive Weeds sections below). The CDFW will therefore conduct monitoring over the term of this Permit to evaluate whether the prescribed grazing is having the intended effect. Grazing operations will be adjusted if deleterious effects to these areas are observed through monitoring efforts.

The Permittees’ presence on the Premises is also assumed to reduce incompatible activities (e.g., growing of marijuana, target shooting, and trash dumping) on the Premises. The Permittees’ presence at the Premises therefore aligns with the CRER’s habitat objectives listed above.

Habitat/Vegetation The Premises is a valley oak woodland with associated vegetation alliances including California wild rose (Rosa californica), California blackberry (Rubus v ursinus), and Valley sedge (Carex vallicola). Poison hemlock is a common herbaceous plant species in this habitat. Laguna Creek flows between the Premises and BLM-managed allotment, providing significant water sources with aquatic vegetation, including cattails.

Wildlife Maintenance and enhancement of riparian corridors and native wildlife communities and habitats are the primary…

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