NEW YORK STATE

DEPARTMENT OF AGRICULTURE AND MARKETS AND SOIL AND WATER

CONSERVATION COMMITTEE

REQUEST FOR PROPOSALS

RFP0430

Climate Resilient Farming Program Round 10

Timetable of Key Events:

RFP Release September 2026 Questions Submittal Due Date October 23, 2026

Questions and Answers Final Posting October 30, 2026 Proposal Due Date November 23, 2026, 5:00 p.m. local time Awards Announced March 2027 (tentative award date)

Contents

I. General Program Information 2 II. Eligibility 5

III. Project Costs 10

IV. Proposal Format 12 V. Evaluation Criteria & Method of Award 14 VI. Awards 15 VII. Contracts & Payment Terms 15 VIII. Other Considerations 17 Appendix A. Guidance Document - Track 1

Appendix B. Guidance Document - Track 2

Appendix C. Guidance Document - Track 3

Appendix D. Guidance Document - Track 4

Appendix E. Proposal Rating Criteria Appendix F. Conflict of Interest Process

RFP0430 – Climate Resilient Farming Program Round 10

I. GENERAL PROGRAM INFORMATION

A. Introduction The New York State Department of Agriculture and Markets (Department) and the New York State Soil and Water Conservation Committee (State Committee) invite New York State Soil and Water Conservation Districts to submit proposals for funding under the Climate Resilient Farming (CRF) Program. Funds are available for projects that mitigate the impact of agriculture on climate change and enhance on-farm adaptation and resiliency to projected climate conditions. Applications must be for ONE of the following:

• Track 1: Livestock Management: Manure and Methane Management & Precision Feed Management

• Track 2: Adaptation and Resiliency

• Track 3: Healthy Soils NY (Systems and BMPs that support soil health and agroforestry)

• Track 4: Agricultural Forestry Management Project proposals must have originated through the Agricultural Environmental Management (AEM) framework. Cost share funds will be provided to Soil and Water Conservation Districts for the implementation of Best Management Practice (BMP) Systems on farms that are participating in the AEM Program. Funding for this program is from the 2026-2027 State Fiscal Year Environmental Protection Fund (EPF), within the “Climate Change Mitigation and Adaptation” account (State Funds). Funding may also become available through the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (NY ECL, Article 58).

B. Proposal Submission Requirements Proposals for funding under the CRF Program must conform to the format provided in Section IV of this Request for Proposal (RFP).

PROPOSALS MUST BE SUBMITTED by a NYS Soil and Water Conservation District via the State Committee’s SharePoint site by 5:00 p.m. local time on November 23, 2026, to be considered for funding. Proposals received after the scheduled date and time will not be accepted.

Applicants, and not computers or servers, are responsible for the timely submission of proposals. Mailed, delivered or faxed proposals will not be accepted. If delays or other upload issues are experienced when submitting to SharePoint, proposals may be emailed to the Program Manager at Jennifer.clifford@agriculture.ny.gov. A notification email must be sent to the Program Manager documenting the inability to upload to SharePoint prior to submitting the application via email. The Department reserves the right to request paper copies as necessary.

mailto:Jennifer.clifford@agriculture.ny.gov

C. Questions and Answers Prospective applicants with questions concerning this RFP should submit those questions to:

Jennifer Clifford Climate Resilient Farming Program Manager NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Jennifer.clifford@agriculture.ny.gov

All questions must be submitted to Jennifer Clifford in writing by October 23, 2026.

Applicants should note that all clarifications are to be resolved prior to the submission of a proposal. A list of questions about the RFP, answers to those questions, and any addenda to the RFP, will be posted on the Department website and the State Committee’s SharePoint site along with the electronic version of this RFP and other program attachments. A final Questions and Answers document will be posted no later than October 30, 2026. All questions and answers shall be incorporated into the RFP as a formal addendum.

D. Background and Goal of the Climate Resilient Farming Program Led by the State Committee, in coordination with the Department, the goal of the CRF Program is to reduce the impact of agriculture on climate change (i.e., mitigation) and to increase the resilience of New York State farms in the face of a changing climate (i.e., adaptation). Preference will be given to projects that can demonstrate strong potential in mitigation and adaptation.

Carbon dioxide (CO2), nitrous oxide(N2O), and methane (CH4) are the three main greenhouse gases (GHG) associated with agricultural production and land management.

All GHGs are typically presented in units of carbon dioxide equivalents (CO2e). Global Warming Potentials (GWP) are utilized to convert non-CO2 GHGs into CO2e units. The 100-year GWP will be used for this program’s accounting purposes.

Mitigation Mitigation is the act of decreasing or sequestering sources of GHG that are contributing to climate change. Estimates of annual GHG emissions from agriculture (apart from agricultural energy use, which is classified differently) in New York State are approximately 7 million metric tons of CO2e on a 100-year timescale.1 Livestock is responsible for roughly 92% of the emissions and emissions from soils are 8%. This represents a major opportunity to reduce emissions. For example, transitioning from open liquid manure storage systems to manure storage systems with covers and flares would allow methane (CH4), a gas with 28 times the global warming potential of carbon dioxide (CO2 on a 100-year timescale), to be captured and destroyed.2

1 New York State Climate Action Council. 2022. “New York State Climate Action Council Scoping Plan.”

Climate.ny.gov/Scoping Plan

2 IPCC report. 2014. Fifth Assessment Report (AR5), https://www.ipcc.ch/assessment-report/ar5/ mailto:Jennifer.clifford@agriculture.ny.gov https://www.ipcc.ch/assessment-report/ar5/

Carbon sequestration is the process where CO2 is captured and stored in perennial biomass and soils of cropping and agroforestry/forestry systems. Soil health and forestry related practices can sequester carbon from the atmosphere as soil organic matter and allow for more efficient use of nitrogen by crops, thereby reducing nitrous oxide (N2O) emissions from soils (N2O has 265 times the global warming potential of CO2 on a 100-year timescale). Reforestation/Afforestation and forest management best management practice systems sequester additional carbon in growing woody biomass, roots, and in healthy forest soils.

Adaptation and Resilience Resilience is the ability for a farm and its ecosystems to adapt and withstand impacts from climate change including extreme weather and other disruptive events; to recover quickly, to continue functioning in the aftermath of a disaster, and adapt to rapidly changing environmental conditions and forces.

Climate projections for New York State include increased summer and winter temperatures, increased overall precipitation, increased intense precipitation events, and more instances of short duration summer droughts. New York farms will likely face more frequent dry periods in the summer as well as more frequent and severe flood events — possibly in the same season. Enhanced water management systems and soil health efforts have the potential to reduce the impacts of climate change on farms by preparing farms for these predicted changes. Water control structures, streambank stabilization, stormwater management, and erosion control BMP systems all address flood and drought issues experienced on-farm. Soil health practices can increase water-holding capacity of soils improving their resilience to flood and drought. Conservation irrigation systems can improve efficiency in managing the water to crops.

This program intends to capitalize on the opportunities to mitigate agriculture’s GHG emissions while strengthening the resiliency of New York State’s farms in preparation for a changing climate.

E. Available Funding Available funding will be assigned by Track as follows:

Track Funding Available

Track 1: Livestock Management: Manure and Methane Management & Precision Feed Management $6,000,000

Track 2: Adaptation & Resiliency $4,800,000

Track 3: Healthy Soils NY (Systems & BMPs that support soil health and agroforestry) $5,000,000

Track 4: Agricultural Forestry Management (carbon sequestration)

$1,000,000

Total Available Funding $16,800,000

Reallocation of Funds Within each Track, available funds will be awarded to eligible projects in ranked order.

Any remaining funds from each Track will be pooled and redistributed based on the formula below. Those funds will then be awarded to the next eligible projects in ranked order that can be fully funded. Funds will continue to be reallocated until all funding has been awarded. Partial awards may be offered after reallocation if remaining funds are not enough to fully fund the next eligible project(s) in ranked order. CRF Program funds returned from previous rounds may also be used to fund projects that would otherwise be offered a partial award.

Any remaining funds from Tracks where all eligible projects have been fully funded will be redistributed to Tracks with unfunded projects using the formulas below.

1) Where three Tracks remain with unfunded projects:

Original Track Percentage / (Original Track Percentage Track “#” + Original Track Percentage Track “##” + Original Track Percentage Track “###”).

FOR EXAMPLE: If Track 1 has $2,000,000 remaining after all eligible projects have been fully funded, then the remaining $2,000,000 will be reallocated to the remaining three Tracks as follows:

Track 2: $900,000.00 (i.e., 45%);

Track 3: $920,000 (i.e., 46%); and Track 4: $180,000.00 (i.e., 9%).

2) Where two Tracks remain with unfunded projects:

Original Track Percentage / (Original Track Percentage Track “#” + Original Track Percentage Track “##”).

If all eligible projects are funded such that only one Track remains with unfunded projects, any leftover funds will be reallocated to the remaining Track.

II. ELIGIBILITY

A. Applicant Eligibility Proposals for funding will be accepted from NYS Soil and Water Conservation Districts, or a group of Districts acting jointly. Groups of Districts acting jointly shall submit one application with one District assuming “Project Sponsor” status. The Project Sponsor will execute the grant award agreement and assume responsibility for the timely completion of the project and all required reports.

Proposals may be for multiple projects and/or on multiple farm operations but must be for one Track only. A District may submit more than one application, including separate applications for multiple Tracks on the same farm operation.

Note: Some Tracks have overlapping eligible systems. Applicants must choose the most appropriate Track for their proposal based on the overall goals and outcomes of the proposed project.

The County Soil and Water Conservation District Board of Directors has sole authority to prioritize and select the application(s) and associated farm project(s) submitted for competitive ranking within a given CRF Program round according to the AEM process and program rules.

Board Resolution All applications must include a Board Resolution authorizing the District’s proposal for funding through the CRF Program. The Resolution must be voted upon, approved, and signed during a board meeting with a quorum, pursuant to Open Meetings Law and must include the name of the specific project that the Board has approved for submission. If a Conflict of Interest is disclosed after a Resolution has been approved, the Board must vote upon and approve a new Resolution with recusals as necessary. Conflicts of interest must be considered and addressed anytime the District submits a project for funding consideration. (See Section C below for more details regarding Conflicts of Interest.)

Farm Operation A “farm operation” shall be as defined in section 301(11) of the New York Agriculture and Markets Law, which is “the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock, and livestock products as a commercial enterprise….” For the purposes of this program, a “farm operation” shall also include urban agriculture, which is the cultivation, processing, and distribution of agricultural products in urban and suburban areas. Community gardens, rooftop farms, hydroponic, aeroponic, and aquaponic facilities, and vertical production are all examples of urban agriculture.

Participation by a farm operation requires participation in the Agricultural Environmental Management Program (AEM). AEM is a voluntary, confidential, incentive-based program that helps farmers assess and plan natural resource conservation. Project proposals must have originated through the AEM framework.

Rented Land If BMPs are proposed to be implemented on rented property, the farm operator must have a written lease agreement authorizing the use of the property for a term that covers the life span of the proposed practices.

B. New Participant and Beginning Farmer Benefit The State Committee and the Department are committed to supporting diversity and inclusion in agriculture. The State Committee and the Department encourage Districts to increase program outreach and encourage new participants or beginning farmers to partner with Districts and participate in the CRF Program. Increasing outreach will increase farmer awareness of the CRF program and increase interest for SWCD technical assistance. Encouraging new farmers to participate will increase farm diversity within the CRF program.

Proposals that include new participants or beginning farmers as defined below will receive five preference points to be applied to the overall application score. Proposals with multiple farms qualify for preference points if at least one of the Farm Operators included is a new participant. Preference points will be applied by SWCC Program staff at application review based on information provided on the application form and by utilizing the State Committee’s internal database of past participants.

• New Participant – a farm operation that has not been awarded a CRF or AgNPS grant in the past 10 years.

• Beginning Farmer – an individual or entity who has not operated a farm for more than 10 consecutive years.

C. Conflict of Interest If the project application includes eligible participating farm operator(s) who are also District employees, board members, or anyone that has a business or family relation to a District employee or board member, the conflict of interest must be disclosed. For purposes of this Program, a potential conflict of interest equates to an actual conflict of interest.

To ensure that the actions of a governing body are conducted in the public interest, it is essential that the person with the conflict of interest be recused from all discussions, presentations, decisions, voting or any other action related to a grant application, resulting contract and/or the District’s participation in the Program, generally. If any such person had previously been involved in any action taken by the governing body related to its participation in the Program, the governing body must conduct new proceedings and issue a new Board Resolution in accordance with all recusal requirements.

A recusal means that such person does NOT act in their official capacity or influence another person that is acting in their official capacity. A proper recusal is achieved when such person leaves the meeting space for all presentations, discussions, questions, comments or votes or any other action related to the Program, whether it is a board member or District employee. The conflicted individual must leave the meeting space before proceedings may resume, and such individual may not return until the relevant proceedings have been concluded. A recusal shall occur each time a District’s participation in the Program is raised, in any form.

A recusal must be reflected in the meeting minutes, with the conflicted individual’s name, reason for recusal, and the times when the person exited the meeting space and returned to the meeting space. When a board member is recused, the board member is not counted as part of the quorum required for the governing body to be authorized to take action. The District’s Conflict of Interest Policy should, therefore, address its strategy for meeting a quorum when a board member is required to recuse. See Appendix F for additional information, including the required documentation and procedures to properly disclose a conflict of interest.

D. Project Eligibility Proposed projects must address GHG emission reduction, carbon sequestration, and/or on-farm resiliency and adaptation to climate change in one of the Tracks outlined below.

Applications may be for one farm operation or for multiple farm operations. Project proposals must have originated through the Agricultural Environmental Management (AEM) framework. Projects should have defined measurable outcomes and deliverables for reducing GHG emissions, increasing carbon sequestration, or improving resiliency.

Strong proposals will show opportunities both in terms of mitigation and adaptation/resiliency. See Appendices to this RFP (Guidance Documents) for more detailed information about eligible practice systems and components for each Track.

All applications must be for ONE of the following Tracks:

• Track 1: Livestock Management: Manure and Methane Management & Precision Feed Management

• Track 2: Adaptation & Resiliency

• Track 3: Healthy Soils NY (Systems & BMPs that support soil health and agroforestry)

• Track 4: Agricultural Forestry Management (for carbon sequestration)

Track 1: Livestock Management: Manure and Methane Management & Precision Feed Management The following practice systems from the SWCC Agricultural Best Management Practice Systems Catalogue are eligible for cost share under Track 1:

• Manure Storage Cover and Flare Project (via the Waste Storage and Transfer System)

• Waste Storage and Transfer System (manure storage match only), may include but is not limited to:

o Compost Bedded Pack

• Short-Term Waste Collection and Transfer System

• Manure and Agricultural Waste Treatment System, may include but is not limited to:

o Solid / liquid separation equipment (e.g., mechanical screw press, sand separation) o Bedding alternatives to sand for cover and flare preparation (e.g., livestock stall adjustments or conversions) o Waste management through composting o Innovative manure treatment technologies o Floor-Mounted, Low-Power Manure Aeration/Bubbler System – Manure and

Agricultural Waste Treatment System (NRCS 629)

• Prescribed Rotational Grazing System

• Feed Management System, may include:

o Services, equipment, and monitoring necessary to implement precision feed management plan

Track 2: Adaptation & Resiliency The following practice systems from the SWCC Agricultural Best Management Practice Systems Catalogue and Practice components from the Green Infrastructure chapter of the New York State Stormwater Management Design Manual are eligible for cost share under Track 2:

• Riparian Buffer System

• Stream Corridor and Shoreline Management System

• Erosion Control System – Structural

• Green Infrastructure Systems – NYS Stormwater Management Design Manual

• Irrigation Water Management System, may include:

o Weather monitoring systems and tools o Frost Management

• Access Control System

• Prescribed Rotational Grazing System

Track 3: Healthy Soils NY (Soil health management and agroforestry practice systems.)

The following practice systems from the SWCC Agricultural Best Management Practice Systems Catalogue are eligible for cost share under Track 3:

• Soil Health Systems and associated practices, including but not limited to:

o Weather monitoring systems and tools o Equipment to prevent or reduce soil compaction from farm vehicle traffic o Equipment for frost management

• Integrated Pest Management System o Weather monitoring system

• Erosion Control System – Structural

• Nutrient Management System – Cultural, may include:

o Application equipment for manure injection/incorporation or reduction in synthetic fertilizer use with an existing Nutrient Management Plan o Forage or grain yield monitor systems with GPS, mass flow meter, and dry matter sensing capabilities to improve nutrient management planning and implementation o Weather monitoring systems and tools

• Prescribed Rotational Grazing System

• Riparian Buffer System

• Forestry/Agroforestry System

Track 4: Agricultural Forestry Management (carbon sequestration) The following practice systems from the SWCC Agricultural Best Management Practice Systems Catalogue are eligible for cost share under Track 4:

• Forestry Systems (Note: Agroforestry projects should apply under Track 3)

• Tree/Shrub Site Preparation (NRCS 490)

• Tree/Shrub Establishment (NRCS 612) – per acre rates set in RFP or at-cost

• Incentive Payment for tree planting within guidelines of Track 4

• Post Planting Tree Stewardship

III. PROJECT COSTS

A. Eligible Expenses:

• District personnel costs for contract administration.

• Outreach and technical assistance costs for soil health training, measuring and monitoring of project impacts, cover crop signs, etc.

• Architectural, engineering, consultant, and legal services.

• Best Management Practice (BMP) system implementation costs.

• Other direct expenses related to implementation (e.g., funding for cultural resource impact determinations for ground disturbing BMPs, custom application services, equipment directly related to the function of the BMP) – Form SW-6 Other Direct Expenses must be completed.

Equipment - State assistance payments may only be used to cover the lease or purchase of equipment that is directly related to the function of the proposed BMP.

Per Unit Rates - Certain BMPs and/or BMP components are eligible for per unit/acre rates, as indicated within this RFP or the Soil Health Policy. Please see the Soil Health Policy and Guidance Document for Healthy Soils NY for more information. Soil Health and manure tests are also listed as set rates and can be included with Other Direct Expenses.

Operation & Maintenance - All costs associated with the operation and maintenance of BMPs will be the sole responsibility of the farm operator and cannot be used as a match to state funding. The Project Sponsor must require that the farm operator maintain the practice for the entirety of the expected lifespan. For information on BMP lifespans please refer to the SWCC Agricultural BMP Systems Catalogue.

Any questions or requests for clarification regarding eligible costs should be asked during the open question and answer period, and all determinations will be added to the Questions and Answers document.

B. Match Requirements See the table below for cost share percentages. The specific match requirements for each Track are detailed in Appendices A through D (Guidance Documents). The state funded contribution in dollars or percentages cannot increase due to budget changes or variations.

Track Cost Share

Track 1 – Livestock Management: Manure and Methane Management & Precision Feed Management

Up to 80% of total eligible costs for BMP implementation; up to 100% for outreach and technical assistance.

Track 2 – Adaptation & Resiliency Up to 80% of total eligible costs for BMP implementation; up to 100% for outreach and technical assistance.

Track 3 – Healthy Soils NY Up to 80% of total eligible costs for BMP implementation; up to 100% for outreach and technical assistance.

Track 4 – Agricultural Forestry Management

Up to 100% of total eligible costs for BMP implementation and for outreach and technical assistance.

Farm operator contributions used as match may be in the form of cash, or in-kind services which are calculated using an assigned cash value. This cash value of services must be reasonable and is subject to adjustment by the State Committee. Project Sponsor match, if applicable, may be in the form of in-kind services and/or cash (non-state funds).

Funds from the CRF Program will be provided contingent upon the Project Sponsor obtaining necessary funds to provide the required match.

Project Sponsor and farm operator contributions and expenditures made or incurred prior to the contract start date or after contract completion, as designated by the Department, may not be utilized as matching funds or reimbursed by the state.

PLEASE NOTE: A combination of state funds and match funds shall not result in a payment to the farm operator that is greater than 100% of the final project costs.

Note for Track 1 — Livestock Management: Manure and Methane Management & Precision Feed Management: Manure liquid/solid separation equipment may be cost-shared by state funds as a standalone project. CNMP development costs may be utilized as farm operator match when applying for funding under Track 1. Updates to an existing CNMP for the purpose of implementing the Agricultural Waste Storage Cover and Flare Project may also be utilized as farm operator match. See Appendix A (Track 1 Guidance Document) for more information.

C. Hourly Rate Recommendations The following rates were derived from an inquiry of hourly rates for each of the listed positions from SWCDs. The following hourly rates are the FY 2026-2027 SWCD Hourly Rates Recommendations from the State Committee. The hourly rates which can be used by SWCDs, in lieu of providing justification for calculating their actual salary, benefit and overhead, to calculate total personnel services costs for Round 10 of the CRF Program Grants are as follows:

Hourly

Rate Overhead Total

Managerial $79.00 $16.00 $95.00 Senior Technical* $61.00 $16.00 $77.00 Technical $51.00 $16.00 $67.00

Secretarial $52.00 $16.00 $68.00 SWCD Engineer $77.00 $16.00 $93.00

*10 years or more of experience In the above figures, the overhead cannot be paid with state funds and needs to be shown in the Project Sponsor column within Overhead Expenses. The budget form provides a column for the per hour overhead figures. The remainder of the hourly rate figures for each category can be requested for state funding if there is adequate match in the grant.

Districts may use their actual salary, benefit, and overhead figures in lieu of the above recommended rates. In those cases, full documentation must be provided to obtain payment. In cases where interns, seasonal, or part-time employees are used, actual hourly rates will have to be used and justified. If a SWCD engineer opts to use their actual salary, overhead expenses cannot be charged.

Non-SWCD Personnel Local agency personnel (e.g., NRCS, CCE) and private sector consultants can opt to be reimbursed based on the recommended hourly rates, including overhead. Such non- SWCD personnel may opt to be reimbursed based on their actual rates as billed by them in the normal course of business. Overhead expenses cannot be charged if actual rates are used.

Farm Operator Rates Hourly rates have not been specified for farm operators wishing to contribute in-kind match. Districts may name a reasonable hourly rate based on the work the farm operator will be performing. The listed overhead cannot be used for farm operators.

IV. PROPOSAL FORMAT

A. Contents of Application The application will be made available through the Department's website and the State Committee SharePoint site. To be considered complete, the entire application packet must consist of:

• the completed and signed application form with the signed proposal checklist;

• the SW Workbook (see details below);

• a District Board Resolution supporting the application (approved at a Board

Meeting and signed);

• a State Historic Preservation Office (SHPO) map; and

• pictures and maps with labels of project location/conditions (optional).

SW Workbook The SW Workbook includes the following forms which must be completed and submitted with the signed application form.

• SW-1 – List of Participating Farm Operators

• SW-2 – Budget

• SW-3 – Best Management Practice List

• SW-4 – Personnel Form

• SW-5 – Plan of Work

• SW-6 – Other Direct Expenses

All applications must include the complete Excel Workbook with forms SW-1, SW-2, SW- 3, SW-4, SW-5, and SW-6. The sheets are protected and will not allow changes to formulas — contact the Program Manager if something needs to be changed. This will reduce administrative time both for the applicant and the Department by streamlining the process and reducing the risk of errors.

District Board Resolution The Resolution from the District Board of Directors must be voted upon, approved, and signed during a board meeting with a quorum, complying with Open Meetings Law. If more than one District is submitting an application as a group, then a separate Resolution is required for each District. (See Section II for details regarding proper Resolutions.)

Photos and Maps It is strongly suggested to include photos and maps with labels showing project location.

Labeled maps and photos of the project location can help in clearly communicating issues that are being addressed or prevented and how BMPs will be implemented.

Support Letters and Other Materials Support letters should not be included with proposals. Support or partners for the project should be clearly detailed in the application narrative.

Management Plans should not be included with proposals. Reference to any related plans can be made in the project narrative on the application.

B. Application Submittal Process

• Submit the complete application package as a single PDF document including:

o SW Workbook Forms; and o supporting documents such as floodplain maps, documentation of past or current storm damage, COMET-Planner estimations (or other tools such as COMET-Farm, RUSLE2, etc.), etc.

• The complete SW Workbook must also be submitted in its original format as an Excel file.

The applications are time stamped by SharePoint! Do NOT delete or re-upload documents following the grant deadline. To submit the application, please open your District’s folder within the SharePoint District Upload Folder. Open (or, if necessary, create) a “Climate Resilient Farming” subfolder and create subfolders for each application you will be submitting. All application materials should be named with the District name and application number/project ID. The Project ID should be in the following format:

District # - Track # - Prioritization #. Any questions regarding the SharePoint system should be directed to the SharePoint administrator or CRF Program Manager.

C. Budget The SW Workbook will provide the budget and implementation details of each application.

The SW Workbook must be completed and submitted for each proposal submitted. These forms should indicate state assistance payments requested by expenditure category, as well as the amount, type (cash or in-kind) and source (SWCD, farm operator, EQIP) of the Project Sponsor and farm operator’s matching contribution. Please refer to the "Match Requirements" section of this RFP for additional information.

• Please make sure that the amounts specified in the RFP application form match the SW forms exactly.

• All numbers should be rounded up to the nearest whole number.

Prevailing Wage Pursuant to section 224-a of the Labor Law, projects where total construction project costs (i.e., BMP implementation costs) exceed $5 million may be subject to prevailing wage requirements under sections 220 and 220-b of the Labor Law.

V. EVALUATION CRITERIA & METHOD OF AWARD

A. Evaluation Criteria Proposals will be evaluated and ranked by Track. Funds will be allotted separately to each Track as detailed in the Section I.E “Available Funding”. Each proposal will be assessed and scored based on the general criteria set forth below.

• Project Description, Oversight, and Work Plan (20 points)

• Budgeting and Cost Effectiveness (10 points)

• Estimated GHG Emission Reduction (5 points)

• Adaptation, Resiliency, & Environmental Benefits (15 points)

Track specific criteria for each of the above categories is included in Appendix E of this

RFP.

B. Method of Award Evaluators will record proposal scores in each of the four scoring categories. The scores of the evaluators will be aggregated and preference points (see section II.B) will be assessed on the aggregated score to make up the proposal’s grand total score. Proposals will then be ranked by their grand total score from highest to lowest to make up the Ranked List for awards within each Track. The maximum available aggregated score is 200 points based on four evaluators awarding a maximum score of 50 points each.

Proposals that receive a score of less than 100 or 50% of the maximum available aggregated score, before preference points are assigned, will not be considered for funding. With preference points earned the maximum grand total score is 205.

The advisory members of the State Committee will recommend projects for funding to the full State Committee. The voting members of the State Committee, through adoption of a written Resolution, will authorize funding for projects based on the recommendations of the advisory members until the scoring threshold has been reached or available funds are exhausted. Consideration will be given to any provisions governing or restricting the use of the available funds. The Resolution shall be made available as part of the State Committee official meeting minutes. The State Committee shall notify in writing those Districts selected for funding.

VI.AWARDS

A. Award Notification Project Sponsors whose proposals are selected for funding will be notified as soon as possible. Selected proposals must comply with all applicable Federal, state, and local laws and rules and regulations for funding to be awarded. Evidence of such compliance may be required.

B. Debriefing of Non-Awardees Following the announcement of the applicants awarded funding agreements under this RFP, unsuccessful applicants may request a debriefing from the Program Manager no later than 15 days from the date of the non-award notification. This briefing will be limited to a discussion of the failed aspects of the subject application and how to better prepare to participate in future procurements. To request a review of an unsuccessful application, contact Jennifer Clifford, CRF Program Manager via e-mail at jennifer.clifford@agriculture.ny.gov.

VII.CONTRACTS & PAYMENT TERMS

A. Contracts Once an application has been selected for funding, the State Committee staff will contact the Project Sponsor and ask them to provide any information necessary to complete the contract.

If the State Committee and the Department are unsuccessful in negotiating a contract which will achieve the deliverables in a manner consistent with the proposal as approved by the State Committee, the RFP, and any applicable laws or regulations, the State Committee reserves the right to rescind its approval of the proposal for funding and instead award the funding to other eligible unfunded project proposals.

The standard contract term for projects will be four or five years. The State Committee reserves the right to modify the standard contract term. The contract term will be provided to each awardee in the Plan of Work Memo. Funding for proposals that extend over more than one state fiscal year will be subject to the reappropriation of funds.

Any awards for projects under $10,000 may be subject to a Letter of Agreement rather than a full contract process, subject to the discretion of the Department.

Subcontracts All subcontracts used by the Project Sponsor shall be in writing and shall clearly describe mailto:jennifer.clifford@agriculture.ny.gov the goods or services to be provided and the total cost of such goods or services.

Subcontracts for services shall separately state the rate of compensation on a per-hour or per-day basis.

The District must have an executed funding agreement with each participating far m operator prior to submitting claims for payment of implementation funds under the Agreement. The farm operator must acknowledge and agree that they will be responsible for the total BMP implementation costs and that all state assistance payments will be made on a reimbursement basis. The funding agreement must also state that all cost overruns will be the responsibility of the farm operator. The amount and source of all farm operator contributions must be identified. If the source of the farm operator contribution originates from a Federal or local program, the amount and specific source should be identified. The farm operator must also acknowledge and agree that the total amount of state assistance payments and matching funds received from Federal or local sources cannot exceed 100% of the final project costs and that state assistance payments will be reduced accordingly.

For all subcontracts with a farm operator involving the purchase of goods and/or services for BMP implementation projects, the District shall require the farm operator to obtain three written quotes for all purchases over $20,000. The District shall require that the farm operator document all quotes and justify in writing any instances where purchases were not made from the lowest responsible bidder. Additionally, the District shall notify the Department if either the farm operator or the District intends to perform any of the BMP implementation work when such work is valued at $20,000 or more. The District shall retain documentation of all purchases in a manner that is readily available for review if requested by the Department. For all other subcontracts, the District shall follow its own procurement policies.

B. Payment Payments cannot be made until the Contract is fully executed. A minimum of 10 percent of the state assistance payment will be withheld pending satisfactory completion of the Contract.

Payment for invoices submitted by the District shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary state procedures and practices. The District shall comply with the procedures of the Comptroller of the State of New York for authorizing electronic payments. The District acknowledges that it will not receive payment on any invoices submitted under this Agreement if it does not comply with the Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

Monies received pursuant to the Contract shall be deposited by the District in a separate interest-bearing account. Prior to the final payment, the District must submit to the Department a statement of interest earned during the term of the Agreement. All interest accrued on funds paid to the District shall be handled in accordance with Section III(C)(2) of the Contract for Grants – Standard Terms and Conditions.

C. Reporting Requirements State Committee staff will monitor the progress of each funded project. The State Committee reserves the right to modify the reporting requirements during the course of the project. When submitting a payment request other than the initial advance, a progress report shall be filed with the State Committee. A progress report must also be submitted when submitting a contract amendment request. A comprehensive final report must be submitted no later than 60 days following completion of the project or Contract end date.

The final report shall include a final budget report detailing expenditures, including invoices and proof of payments; a Climate Resilient Farming Project Completion Report (reviewed and signed by State Committee staff); a description of the work completed, and problems encountered, if any, and such other information as the State Committee may deem necessary. The Climate Resilient Farming Project Completion Report will also include photographs of the work site before and after construction, BMP Procurement Records, Project Expenditure Summary Form, Consultant Engineer’s Certification of BMPs (if needed) and details of the operation of the funded systems regarding greenhouse gas mitigation and climate adaptation as specified in the application.

The State Committee reserves the right to conduct a follow-up evaluation of funded projects to determine long-term impacts.

The Department and the Office of the State Comptroller reserve the right to audit the Project Sponsor’s books and records relating to the performance of the project for the term of the contract and for a period of six years from the end date of the contract.

D. State of New York Contract for Grants New York State has developed a standard contract for grants that is required for all state grant contracts. The State of New York Contract for Grants will be executed for all projects awarded under the Climate Resilient Farming Grant Program, and successful applicants will be responsible for complying with the terms and conditions contained therein. A sample contract will be posted with this RFP on the Department's website and the State Committee SharePoint site.

E. Liability The state will not be held liable for any costs incurred by any District for work performed in the preparation of and production of a proposal, or for any work performed prior to the formal execution of a contract. Any contract resulting from this RFP will not be valid, effective, or binding upon the Department, or the State until it is signed by the Contractor and the Department and approved by the Attorney General and the State Comptroller.

VIII.OTHER CONSIDERATIONS

A. Reserved Rights The Department and the State Committee reserve the right to:

• Modify proposal submission requirements as deemed necessary with appropriate written notice to all potential applicants.

• Reject any or all proposals received in response to this RFP.

• Withdraw the RFP at any time, at the State Committee’s sole discretion.

• Make an award under the RFP in whole or part.

• Disqualify any applicant whose conduct and/or proposal fails to conform to the requirements of the RFP.

• Seek clarifications and revisions of proposals.

• Prior to the deadline for proposals, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available and with appropriate written notice to all potential applicants by posting amendments on the Department's website.

• Prior to the deadline for proposals, direct applicants to submit proposal modifications addressing subsequent RFP amendments.

• Change any of the scheduled dates.

• Eliminate any mandatory, non-material specifications with which all applicants cannot comply.

• Waive any requirements that are not material.

• Require clarification at any time during the grant process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an applicant’s proposal and/or to determine an applicant’s compliance with the requirements of the RFP.

• Waive or modify minor irregularities in proposals received after prior notification to the applicant.

• Award more than one funding agreement to the same successful applicant resulting from this RFP.

• Negotiate with successful applicants any matter within the scope of the RFP in the best interests of the State.

• Make all final decisions with respect to the amount of funding and the timing of payments to be provided to an applicant.

All proposals submitted in response to this RFP will become the property of the State Committee.

B. Freedom of Information All proposals submitted and all related contracts and reports may be subject to disclosure under the Freedom of Information Law.

C. State Historic Preservation Requirements Pursuant to Section 14.09 of the Parks, Recreation and Historic Preservation Law, the Department is required to consult with the State Historic Preservation Office (SHPO) concerning the impact of any projects funded by the Department on any property listed on the national register of historic places or on the state register or that is determined to be eligible for the state register. The Department reserves the right to request such http://www.agriculture.ny.gov/ additional information as is necessary to allow the SHPO to make a determination regarding the potential impacts of any state funded project on historical sites or artifacts and possible alternatives which avoid or mitigate adverse impacts.

D. Contractor Requirements and Procedures for Participation by New York State-

Certified Minority and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

Note: MWBE requirements are not expected to be fulfilled until after a grant has been awarded.

New York State Law Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations, the Department is required to promote opportunities for the maximum feasible participation of New York State-certified Minority and Women-owned Business Enterprises (MWBEs) and the employment of minority group members and women in the performance of Department contracts.

Business Participation Opportunities for MWBEs For purposes of this solicitation, the Department hereby establishes an overall goal of 30% for MWBE participation, 15% for New York State-certified Minority-owned Business Enterprise (“MBE”) participation and 15% for New York State-certified Women-owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs). A contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. To that end, by submitting a response to this RFP, the respondent agrees that the Department may withhold payment pursuant to any Contract awarded as a result of this RFP pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at:

https://ny.newnycontracts.com. For guidance on how the Department will evaluate a Contractor’s “good faith efforts,” refer to 5 NYCRR § 142.8.

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Contract resulting from this RFP, such finding constitutes a breach of contract and the Department may withhold payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract.

By submitting a bid or proposal, a respondent agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that a respondent may arrange to provide such evidence via a non-electronic method by contacting the Department’s https://ny.newnycontracts.com/ https://ny.newnycontracts.com/ https://ny.newnycontracts.com/

MWBE Liaison at 518-485-1325 or supplierdiversity@agriculture.ny.gov. All MWBE Forms and Instructions are included in the Submission Documents.

Additionally, a respondent will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. An MWBE Utilization Plan with their bid or proposal. Any modifications or changes to an accepted MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to the Department for review and approval.

The Department will review the submitted MWBE Utilization Plan and advise the respondent of the Department’s acceptance or issue a notice of deficiency within 30 days of receipt.

B. If a notice of deficiency is issued, the respondent will be required to respond to the notice of deficiency within seven business days of receipt by submitting to the Department, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by the Department to be inadequate, the Department shall notify the respondent and direct the respondent to submit, within five business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

The Department may disqualify a respondent as being non-responsive under the following circumstances:

a) If a respondent fails to submit an MWBE Utilization Plan.

b) If a respondent fails to submit a written remedy to a notice of deficiency.

c) If a respondent fails to submit a request for waiver.

d) If the Department determines that the respondent has failed to document good faith efforts.

The successful respondent will be required to attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to the Department but must be made no later than prior to the submission of a request for final payment on the Contract.

The successful respondent will be required to submit a quarterly M/WBE Contractor Compliance & Payment Report to the…