Spring Valley Grazing Lease RFP 2020~2.doc

STATE OF NEVADA

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

DIVISION OF STATE PARKS

REQUEST FOR PROPOSAL NO. 70CNR-S1365

Of a Lease Agreement for the operation and management of a

Livestock Grazing Operation

Within

Spring Valley State Park, Located in Lincoln County, Nevada

Robert Mergell, Administrator

Nevada Division of State Parks the Nevada Division of State Parks is soliciting proposals for Livestock Grazing Operation within Spring Valley State Park Request for proposal no. 70CNR-S1365 Release Date: November 9, 2020 DEADLINE FOR SUBMISSION - DATE & TIME: November 27, 2020

2:00 pm Project Abstract: This solicitation is to award a new Lease for the operation and management of a livestock grazing operation within Spring Valley, located in Lincoln County, Nevada The actual RFP document consists of 39 pages.

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INDEX

SECTION I

REQUEST FOR PROPOSAL OVERVIEW

A.

Proposal Overview

B.

Tentative Schedule

C.

Acronyms and Definitions

D.

Terms, Conditions, and Exceptions

E.

RFP Questions/Meeting

F.

Proposal Submission

G.

Proposal Opening

H.

Proposal Evaluation

I.

Lease Award

J.

Lease Execution

SECTION II

THE PROPOSAL PROCESS

A. Instructions for the lease proposal

I. Executive Summary

II. Respondent Information

III. Proposal Information – Operations Plan

IV. Proposal Summary

V. Proposal Evaluation

SECTION III

THE PROPOSAL

Proposal Format

I

EXECUTIVE SUMMARY

II.

RESPONDENT INFORMATION

III.

PROPOSAL – OPERATIONS PLAN

IV.

PROPOSAL SUMMARY

V.

CERTIFICATION OF PROPOSAL

VI.

AUTHORIZATION

VII.

SUPPLEMENTAL INFORMATION

SECTION IV

DRAFT LEASE AGREEMENT

ATTACHMENT A – SPRING VALLEY PASTURE

MANAGEMENT PLAN

EXHIBIT A - MAP OF SPRING VALLEY GRAZING

SECTION I

REQUEST FOR PROPOSAL OVERVIEW

A.

General Overview

The Nevada Division of State Parks (NDSP) intends to award a new lease through this Request for Proposal for the operation and management of a livestock grazing operation at Spring Valley State Park, on property owned by Nevada Division of State Parks, located in Lincoln County, Nevada The Spring Valley Grazing allotment is located approximately 3 miles north of Ursine, Nevada on State Route 322. The property leased for grazing includes approximately 260 acres within Spring Valley State Park. Livestock grazing has been permitted as a natural resource management strategy for vegetation control, habitat control and fuel reduction as well as maintaining the original cultural aspects and integrity of the property.

Nevada State Parks will permit, through this agreement, livestock grazing. The maximum amount of Animal Unit Months (AUMs) allowed per year is 300. The maximum AUM allotment is based on a normal water year.

Nevada State Parks will accept proposals for a grazing lease for three (3) grazing seasons from January 1, 2021 to December 31, 2024. One (1) additional term of one year may also be entered into upon application in writing by lessee two months (2) prior to the termination of the first grazing contracted period.

B.

RFP TIMELINE

RFP – issued November 9, 2020 Pre-Proposal Meeting (on site visit) November 13, 2020 9am Deadline for submitting questions in NevadaEPro November 16, 2020 Answers posted in NevadaEPro…………………………………November 20, 2020 Deadline for submission of proposals November 27, 2020 Evaluation completed/lessee selected November 30, 2020 Lease negotiated with lessee/ lease signed December 21, 2020 Lease begins January 1, 2021 NOTE: This schedule does not consider unforeseen factors that could impact the timing of the project. It is the intent of the State to keep Respondents apprised of changes in the schedule as they may occur.

C.

ACRONYMS/DEFINITIONS

For the purposes of this RFP, the following acronyms/definitions will be used:

AUM:

Animal Unit Month .75 AUM = One calf 6 months to one year or yearling for one month 1 AUM = One cow with or without calf (less than 6 months old) or one Steer for 1 month 1 AUM = 5 Sheep for one month

1.25 AUM = One cow with calf (more than 6 months old) or one Steer (weight over 1,000 lbs) for one month

1.25 AUM = One bull for one month

1.5 AUM = One horse for one month

Awarded Respondent: The organization/individual whose proposal is selected for the award of a grazing lease on the permitted area of Spring Valley Grazing Allotment

Division or Parks: Nevada Division of State Parks

Evaluation Committee: An independent committee comprised of a majority of State officers or employees established to evaluate and score proposals submitted in response to the RFP pursuant to NRS §333.335.

May: Indicates something that is not mandatory but permissible.

NAC: Nevada Administrative Code

NRS: Nevada Revised Statutes

RFP:

Request for Proposal - a written statement which sets forth the requirements and specifications of a lease to be awarded by competitive selection NRS 333.020(7).

Shall/Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the State may, at its sole option, ask the Respondent to provide the information or evaluate the proposal without the information.

State: The State of Nevada and any agency identified herein.

Subcontractor: Third party not directly employed by the Respondent who will provide services identified in this RFP. Subcontractor does not include third parties who provide support or incidental services to the Respondent.

Will: Expected or required.

Respondent: Organization/individual submitting a proposal in response to this RFP.

D.

TERMS, CONDITIONS AND EXCEPTIONS

For the purposes of this RFP, the following terms, conditions, and exceptions apply. Additional term, conditions, and exceptions may be included within the text of this RFP.

1.

The selection of a proposal for the award of a grazing lease is being conducted in accordance with NRS chapter 333 and NAC chapter 333.

2.

Parks reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a lease pursuant hereto, if it is in the best interest of the State to do so.

3.

Parks reserves the right to reject any or all proposals received prior to lease award (NRS §333.350).

4.

Parks shall not be obligated to accept the highest revenue proposal but will make an award in the best interests of the State of Nevada after all factors have been evaluated (NRS §333.335).

7.

Alterations, modifications or variations to a proposal after submission to Parks will not be considered unless authorized by the RFP.

8.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this lease, may be rejected.

9.

Proposals from employees of the State of Nevada may be considered if, in the opinion of the selection committee, there is no conflict with the State Administrative Manual, NRS §281 and NRS §284.

10.

The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other lessor, respondent or prospective vendor. Complimentary proposals are illegal and prohibited.

11.

No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally noncompetitive proposal. All proposals must be made in good faith and without collusion.

12.

Respondents proposal is an irrevocable offer for the term of the lease and any lease extensions. The awarded Respondent agrees to provide the services at the costs, rates and fees as set forth in their proposal in response to this RFP.

13.

A proposal submitted in response to this RFP must identify any subcontractors/sublessors and outline the contractual relationship between the awarded Respondent and each subcontractor. An official of each proposed subcontractor must sign and include as part of the proposal submitted in response to this RFP, a statement to the effect that the subcontractor/sub-lessee has read and will agree to abide by the awarded Respondent’s obligations.

14.

The awarded Respondent will be the sole point of lease responsibility. The State will look solely to the awarded Respondent for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Respondent shall not be relieved for the non-performance of any or all subcontractors.

15.

The awarded Respondent must maintain, for the duration of its lease, insurance coverage’s as set forth in the insurance requirements in the draft Lease attached as an exhibit to this RFP. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of lease. Work on the lease shall not begin until after the awarded Respondent has submitted acceptable evidence of the required insurance coverage. Notwithstanding any other requirement of this section, the State reserves the right to consider reasonable alternative methods of ensuring the lease in lieu of the insurance policies required by the Insurance Schedule provided in the sample lease. It will be the awarded Respondent’s responsibility to recommend to the State alternative methods of insuring the lease. Any alternatives proposed by a Respondent should be accompanied by a detailed explanation regarding the vendor’s inability to obtain insurance coverage as described above. The State shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

16.

Each Respondent must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. By submitting a proposal in response to this RFP, Respondents affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a Respondent’s proposal. An award will not be made where a conflict of interest exists. The State will determine whether a conflict of interest exists and whether it may reflect negatively on the State’s selection of a Respondent. The State reserves the right to disqualify any Respondent on the grounds of actual or apparent conflict of interest.

17.

Each Respondent must include in its proposal a complete disclosure of any alleged significant prior or ongoing lease failures, any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The State reserves the right to reject any proposal based upon the Respondent’s prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet lease milestones or other contractual failures. See generally, NRS §333.335.

18.

The State will not be liable for Federal, State, or Local excise taxes.

19.

The State reserves the right to negotiate final lease terms with any vendor selected. NAC §333.170. The lease between the parties will consist of the RFP together with any modifications thereto, and the awarded Respondent’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed lease, the RFP, any modifications and clarifications to the awarded Respondent’s proposal, and the awarded Respondent’s proposal. Specific exceptions to this general rule may be noted in the final executed lease.

20.

Respondent understands and acknowledges that the representations above are material and important and will be relied on by the State in evaluation of the proposal. Any Respondent misrepresentation shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

21.

No announcement concerning the award of a lease as a result of this RFP can be made without the prior written approval of the State.

22.

The Nevada Attorney General will not render any type of legal opinion regarding this transaction.

23.

Any unsuccessful Respondent may file an appeal in strict compliance with NRS §333.370 and chapter 333 of the Nevada Administrative Code.

24.

Local governments (as defined in NRS §332.015) are intended third party beneficiaries of any lease resulting from this RFP and any local government may join or use any lease resulting from this RFP subject to all terms and conditions thereof NRS §332.195. The State is not liable for the obligations of any local government, which joins or uses any lease resulting from this RFP.

25.

Any person who requests or receives a Federal lease, grant, loan or cooperative agreement shall file with the State Parks a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a) of 31 U.S.C. §1352.

E.

REQUEST FOR PROPOSAL QUESTIONS

Questions regarding this RFP must be submitted in writing no later than 2:00 p.m. on November 16, 2020, the day following the pre-proposal meeting.

QUESTIONS AND ANSWERS

All questions regarding this RFP should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro.

Click the Bids Tab in the header.

Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section B, RFP Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

Familiarity with Sample Lease: It is critical that Respondents be familiar with and fully understand all the terms and conditions of the Draft Lease Agreement (included herein). Your proposal should be based on the requirements of this lease in its entirety. If a Respondent is awarded the lease, the successful Respondent has 15 days to review and sign the awarded lease. Although Parks will negotiate the final details of the Lease Agreement with the selected Lessee, such negotiated changes will not materially alter the contents of the Draft Lease Agreement enclosed in this RFP.

Pre-proposal Meeting: A recommended pre-proposal meeting has been set for November 13, 9:00 a.m. at Spring Valley State Park. The meeting will be held at the park office, Spring Valley State Park.

F.

PROPOSAL SUBMISSION

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Technical Proposal

Confidential Technical (if applicable) Cost Proposal (if applicable)

Confidential Financial (if applicable) Withdrawal of Proposals: Proposals may be withdrawn in writing or by facsimile at any time prior to the proposal closing date and time, provided that a written request executed by the Respondent or his/her duly authorized representative for the withdrawal of such proposal is filed with Parks. The withdrawal of a proposal shall not prejudice the right of a Respondent to file a new proposal prior to the proposal closing date and time. However, once the proposal closing date and time has passed, proposals shall be irrevocable.

State's Right to Reject Proposals, Waive Defects and Requirements: Parks reserves the right to accept or reject any or all proposals, and waive any or all immaterial defects, irregularities, or requirements in the RFP for the benefit of the State, so long as such waiver does not give any Respondent a material advantage over other Respondents. A Respondent shall not be relieved of his/her proposal nor shall any change be made in his/her proposal due to a Respondent error.

Proposal Costs: The State is not liable for any costs incurred by Respondents prior to entering into a formal lease. Costs of developing the proposals or any other such expenses incurred by the Respondent in responding to the RFP, are entirely the responsibility of the Respondent, and shall not be reimbursed in any manner by the State.

G.

PROPOSAL OPENING

All information submitted in conjunction with the RFP is confidential until the opening. This includes names of the individuals/firms who submitted proposals, their proposed solutions, and their financial reports. All proposals will be opened at the date, time and place specified in the RFP. All RFP openings are open to the public (NRS 333.330).

At the opening, only the names of the individuals/firms who submitted proposals are announced. The amounts they bid or any exceptions they've taken are not disclosed. Once the lease has been awarded, all proposals are open to public inspection (NRS 333.350). Information designated as "proprietary" or as a "trade secret" is not public information and is not disclosed to the public (NRS 333.333), even after the lease has been awarded.

Assistance for handicapped, blind or hearing-impaired persons who wish to attend the RFP opening are available through pre-arrangement with the Park's designee.

Supplemental Information: At its sole discretion, Parks reserves the right, but does not have the obligation, to seek supplementary information or clarification from any Respondent at any time between the dates of proposal submission/acceptance and the lease award. Any Respondent may be required to appear before the Lessee Evaluation Committee.

Discussions may, at the Park's sole option, be conducted with responsible Respondents who submit proposals determined to be reasonably susceptible of being selected for an award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Respondents.

H.

PROPOSAL EVALUATION

The Lessee Evaluation Committee will evaluate and score each eligible proposal pursuant to the point system and selection criteria as described in the Proposal Instructions and the Proposal Evaluation Criteria and Form. Proposals not containing all of the items requested in the Lease Proposal form may be rejected.

Proposals are to be based on the RFP. A Respondent shall not be relieved of his/her proposal nor shall any change be made in his/her proposal because of mistakes.

I.

LEASE AWARD

If an award is made, the award for a Lease agreement will be to the "Best Responsible Respondent". The "Best Responsible Respondent” will be the bidder whose proposal passes each of the required elements and receives the highest total score as determined by the Lessee Evaluation Committee and approved by the Administrator. For the purpose of this RFP, the “Best Responsible Respondent” shall be the person or entity submitting a proposal, in accordance and within the criteria of this Request for Proposal, in conformity with the signed lease, and that will develop, operate, and maintain the Lease in the best interests of the State and the public.

Execution of the awarded Lease agreement is subject to the completion of all required approvals. From the Nevada Division of State Parks, signatures are required from the Eastern Regional Manager, Administrative Services Officer, and Deputy Administrator In addition signatures from the Administrator of the Nevada Division of State Lands and Deputy Attorney General are required.

Upon approval by all signatories, the Management Analyst will forward a signed copy of the respective agreements and issue the Notice to Proceed.

A Notification of Intent to Award shall be sent to all Respondents. Any award is contingent upon the successful negotiation of final lease terms. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If lease negotiations cannot be concluded successfully, Parks upon written notice to all Respondents may negotiate a lease with the next highest scoring Respondent or withdraw the RFP.

Appeal of Award: A person who makes an unsuccessful bid or proposal may file a notice of appeal in accordance with NRS 333.370.

J.

LEASE EXECUTION

Preparation of Lease: Subsequent to the award of a lease, if an award is made, the Parks will prepare a final lease for execution. The lease will contain "exhibits" developed from the selected proposal including the Respondent's Operation and management proposals, as required. Minor changes or modifications to the lease, proposal plans, and lease exhibits may be made prior to execution based on agreement between Parks and Lessee. However, no material changes to the lease or its exhibits as presented in the RFP and in the selected proposal may be made.

Failure to Sign/Deliver Lease: A failure of the successful Respondent to sign and deliver the lease within fifteen (15) days of receipt may be treated as a refusal to execute if the Parks so elects.

SECTION II

THE PROPOSAL PROCESS

A.

INSTRUCTIONS FOR THE LEASE PROPOSAL

A completed Lease Proposal Questionnaire will constitute your proposal. You must complete all sections, respond to all questions, and fill in all blanks of the form. Inapplicable questions or blanks must be marked “N/A” or “Not Applicable”. Failure to properly complete the form may disqualify your proposal.

Proposals are to be prepared in such a way as to provide a straightforward, concise, delineation of capabilities to satisfy the requirements of this RFP. Expensive bindings, colorful displays, promotional materials, etc., are neither necessary nor desired. The proposal must be clear, unambiguous and unconditional. It should clearly commit you to entering into a lease with the State to provide the services and other Lease improvements as required by this RFP and offered in the proposal.

The submission of a proposal shall be deemed evidence that you are fully aware of the responsibilities of being a Lessee and have carefully examined State laws relating to Leases operations; possessory interest tax as related to Leases; the site(s) selected for said Lease; obligations and responsibilities related to local control agencies and permitting requirements; and the proposal instructions, proposal form and the sample Lease agreement included herein.

I.

EXECUTIVE SUMMARY

Provide a brief overview of the Respondent’s management goals and qualifications for the Lease.

II.

RESPONDENT INFORMATION

A.

Respondent Identification The Respondent shall identify the business or organization, as it will appear and a primary contact person for the Lease management and operation. This person shall be the sole point of contact for the Lessee and Parks. Parks will look solely to the awarded Respondent for the performance of all lease and contractual obligations, which may result from an award based on this RFP, and the awarded Respondent shall not be relieved for the non-performance of any or all sublesors.

B.

Business Information

Select the type of business that describes the proposing entity (Sole Proprietorship, Partnership, Joint Venture, LLC, or Corporation) and provide the requested information. The type of business must be established prior to submitting a proposal and must not be a condition of receiving the lease.

The experience and reliability of the Respondent’s organization are considered in the evaluation process. Therefore, the Respondent is advised to submit any information that documents successful and reliable experience in past performances, especially those performances relating to the requirements of the RFP.

Each Respondent must include in its proposal a complete disclosure of any alleged significant prior or ongoing lease failures, any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. Parks reserves the right to reject any proposal based upon the Respondent's prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet lease milestones or other lease or contractual failures.

C.

Individual Information Each individual, partner, member of joint ventures, officer of corporations, Lease manager, and holders of 25% or more of the company’s shares (as applicable) must complete a copy of the Individual Information form AND complete and sign the Authorization to Release Information in Section III. Please include information for any sublessees that may be associated with the proposal.

Provide a narrative describing the extent of your experience with special emphasis on your experience related to the subject Lease.

D.

References.

Respondent references are used to confirm information provided by Respondents and to evaluate the Respondent’s quality of experience and past performance. Please submit three references. Respondents should notify their references in writing that a representative from the State may be contacting them.

For the purposes of this RFP, please provide the references from the following sources:

· Business References: Name clients or other persons that most accurately reflect your performance and ability to fulfill lease obligations with other entities for the provision of goods and services.

III.

PROPOSAL INFORMATION – OPERATIONS PLAN

Provide an Operations Plan that addresses the operations of the proposed development and other elements of this RFP. For your information, each element of the Lease Proposal is described below. You may submit additional information to fully describe and enhance your proposal. As a condition of the lease award, the successful Respondent will be required to develop and maintain an operations plan to the satisfaction of Parks prior to the opening of the Lease. The plan will be incorporated as an exhibit to the lease and become an obligation of the Lessee. Your operation plan should include the following elements. If and when accepted the final plan will be incorporated as an exhibit to the lease and become an obligation of the Lessee.

Organizational Structure: Provide an organization chart and staffing plan that can guide the operation and ongoing management of your Lease business.

The awarded Respondent will be the sole point of lease responsibility. The State will look solely to the awarded Respondent for the performance of all lease or contractual obligations, which may result from an award based on this RFP, and the awarded Respondent shall not be relieved for the non-performance of any or all sub-leaseors.

Please refer to Spring Valley Grazing Management Plan (Draft Lease Section IV) for specifications for this project.

IV.

PROPOSAL SUMMARY

The Proposal Summary should summarize your relevant experience, knowledge, and expertise, and Operation Plan in 250 words or less.

V.

PROPOSAL EVALUATION

After determining that a proposal satisfies the requirements of this RFP, the comparative assessment of the relative benefits and deficiencies of the proposal in relationship to the published evaluation criteria shall be made by using subjective judgment. The award of the lease resulting from this RFP shall be based upon the proposal judged most favorable to Parks in accordance with the evaluation criteria stated below:

Experience, Expertise, and Reliability

25 Points The experience and reliability of the Respondent are a prime consideration in the evaluation process. Therefore, the Respondent is advised to submit any information that documents successful and reliable experience in similar enterprises. The qualifications of both the organization (if applicable) and personnel proposed to perform the requirements of this RFP will be considered in the evaluation. Respondents will be rated according to the years of relevant experience as verified by references and the quality of experience as it relates to the business described in this RFP. In addition, points are awarded for experience leasing with public agencies.

Operation Plan 30 Points Proposals will be evaluated based on the Respondent’s distinctive operation plan outlining personnel factors such as organization, personnel, and management capability. In addition, points will be awarded based upon the Respondent’s demonstrated ability to implement the components of the plan.

Rental Offer 25 Points The evaluation rental offers by the Respondents shall be assigned points in relation to the highest acceptable bid. Minimum bid is based on hypothetical annual 300 total AUMs/grazing season at a minimum bid of eleven dollars and fifty cents per AUM ($11.50/AUM) for a total minimum bid of Three thousand four hundred fifty dollars per grazing season ($3,450.00 /grazing season):

*Note: the highest lease offer received may not be considered acceptable. Respondents may be required to prove to the satisfaction of the State their ability to operate a successful business under their bid. Failure to prove this ability will be cause to disqualify the proposal. In this case, the second highest acceptable bid would be used to calculate points awarded.

Other Factors:

20 Points Factors not included in other criteria that support a proposal as the “Best Responsible Respondent”. This could include factors as community service work and other supporting information provided.

TOTAL

100 points

PROPOSAL EVALUATION FORM

MAX. POINTS

POINTS

III. Experience, Expertise and Reliability

IV. Proposal – Operations Plan

V. Rental Offer

VII. Other Criteria and Considerations

TOTAL POINTS:

(Maximum 100)

The award of the lease resulting from the Request for Proposal shall be based upon the Respondent judged to be most favorable to Nevada Division of State Parks in accordance with the above criteria.

Evaluator: ___________________________________ Date: _______________________

SECTION III

THE PROPOSAL

A. PROPOSAL FORMAT

A completed Lease Proposal and a Proposal Bond will constitute your proposal. You must follow the format provided in the proposal package and respond to all questions and fill in all blanks of the form. Inapplicable questions or blanks must be marked "N/A" or "NOT APPLICABLE". Failure to properly complete the form may disqualify your proposal.

Proposals should be plainly marked on the outside of a sealed envelope: "PROPOSAL FOR SPRING VALLEY GRAZING LEASE NDSP". Please submit an original plus four (4) copies of your proposal on 8.5" x 11" paper.

I

EXECUTIVE SUMMARY

II.

RESPONDENT INFORMATION

Respondent Identification

Business Information

Individual Information

III.

PROPOSAL – OPERATIONS PLAN

Organizational Structure

Employee Staffing and Training Plan

IV.

PROPOSAL SUMMARY

V.

CERTIFICATION OF PROPOSAL

VI.

AUTHORIZATION

VII.

SUPPLEMENTAL INFORMATION

I.

EXECUTIVE SUMMARY

Please add additional Pages if necessary.

II.

RESPONDENT INFORMATION

II-A

Respondent Identification

BUSINESS NAME

(Exactly as it is to appear on the Lease Agreement)

ADDRESS

CITY/STATE/ZIP CODE

PHONE NUMBER

FAX NUMBER

EMAIL ADDRESS

LEASE MANAGER NAME

NEVADA STATE BUSINESS LICENSE NUMBER

CONTACT PERSON

NAME

ADDRESS

CITY/STATE/ZIP CODE

PHONE NUMBER

FAX NUMBER

EMAIL ADDRESS

II.B. Business Information

Check the one box below that describes your type of business and complete/attach the associated information requested. Also attach an organization chart if appropriate.

( SOLE PROPRIETORSHIP

( PARTNERSHIP: Attach a complete copy of the Partnership Agreement. To qualify as a responsive Respondent, the Partnership Agreement shall be executed and binding upon each of the parties.

1. Date partnership established

2. Is the Partnership Agreement recorded: ( Yes. Date

Where

( No

3. Has the partnership done business in Nevada? (Yes. Dates

NO.OF GENERAL(G)

4. PARTNER NAMES

ADDRESSES

SHARES or LIMITED(L)

( G ( L

5. Has a surety or bonding company ever been required to perform on the default of the corporation within the last ten (10) years?

( Yes. Provide the information below for each default. ( No (proceed to item 10)

Surety/Bonding Company Name

Bond Date

Bond Amount

Explain the circumstances surrounding each default and actions taken by the surety or bonding

Company.

6. Has the corporation ever been adjudicated bankrupt or involved in pending bankruptcy matters?

( Yes. Below, enter dates, court jurisdiction and amounts of liabilities and assets. (No

7. Is the corporation presently a party to any pending litigation, liens or claims?

( Yes. Below, enters detailed information for each legal action. ( No

8. Is the corporation subject to any outstanding claims, liens, or judgments?

( Yes. Below, enters detailed information for each claim, lien or judgment. ( No

9. Has the corporation defaulted on, been terminated for non-performance or breach of lease, or voluntarily abandoned or forfeited rights under a lease for services or Leases lease?

( Yes. Below, enter an explanation of the circumstances and outcomes of each event. ( No

II. C.

Individual Information.

Legal Name

Social Security No.

Residence Address

Business Address

PERSONAL HISTORY

1. Have you, individually, as a partner, joint venture or as an officer of a corporation had a bond or surety canceled or forfeited within the last ten (10) years?

( Yes. Provide information below.

Bond Company Name

Bond Date

Bond Amount

Explain the reason for each cancellation or forfeiture.

2. Have you individually, as a partner, joint venture, or officer of a corporation been convicted of a felony crime in the last 10 years?

( Yes. Please explain.

3. Have you or your spouse or any business that you owned or in which you were an officer or had an interest ever declared bankruptcy, been declared insolvent or bankrupt, filed for bankruptcy, or reorganization under Federal or State laws?

( Yes. Below, enter dates, court jurisdictions and amounts of liabilities and assets.

( No

4. Are you individually or is any partnership or joint venture in which you have been party currently involved in any pending litigation? ( Yes. Below, enter dates, violations and locations. ( No

WORK EXPERIENCE:

Attach a resume and narrative as necessary.

CERTIFICATION: I hereby certify under penalty of perjury that all responses stated above regarding my personal history and work experience are true to the best of my knowledge and belief, and I understand and agree that any misstatement or omission of any material fact may cause forfeiture on my part of all rights to the proposed lease to be awarded by the State of Nevada.

Signature

Date

III. OPERATIONS PLAN

Add additional information if desired.

Please refer to the Spring Valley Pasture Management Plan (Draft Lease Section IV) for specifications for this project.

IV. PROPOSAL SUMMARY

(Attach separate pages as necessary.)

V. CERTIFICATION OF PROPOSAL

CERTIFICATION OF PROPOSAL TO

NEVADA DIVISION OF STATE PARKS

Pursuant to Request for Proposals, dated November 27, 2020 for the development of the grazing lease at Spring Valley in the County of Lincoln, State of Nevada, for the term of three (3) grazing seasons with a one (1) year extension, the undersigned Respondent hereby submits his/her proposal: GRAZING OPERATION LEASE.

The Lease facility referred to herein is on the Spring Valley Grazing Allotment, located in the County of Lincoln, State of Nevada, and it is to be planned, maintained and operated in accordance with the draft lease, and the provisions and specifications contained therein and by reference hereto made a part hereof. In the event I am the successful Respondent for the proposed lease, I will plan, finish, equip, operate, and maintain the Lease facilities in accordance with requirements of the draft lease. I will obtain and pay associated costs for all necessary licenses and permits.

The undersigned, as Respondent, declares that the only person or persons interested in this proposal as principals are those named herein; that Respondent fully understands the taxable nature of a grazing lease on public property as detailed in N.R.S. 361.157 - N.R.S. 361.159. These statutes are applicable to such grazing operations and are described in the R.F.P. Respondent further affirms that this proposal is made without collusion with any other person, firm, or corporation; that Respondent has carefully examined the location of the Lease area, the terms, conditions, specifications and other stipulations hereinbefore or hereinafter set out in this RFP, as well as any other documents used by the parties in negotiating this award and the proposed Lease Agreement attached hereto. Respondent agrees, if this proposal is accepted, to enter into a lease with the State of Nevada to provide all necessary facilities, attendants, apparatus and other means of operation and to do any and all other acts in fulfilling the said lease requirements, terms, conditions, and specifications; and during the period that said Lease Agreement is in effect, he/she will pay therefore, without demand for each year:

$_____ X 300 AUMs/grazing season for a total bid of $

/ year.

(Minimum bid based on 300 total AUMs/grazing season at Thirteen Dollars Thirty Seven cents per AUM ($13.37/AUM) for a total minimum bid of Three Thousand four hundred fifty dollars per grazing season ($3,450.00/grazing season):

If this proposal is accepted, said undersigned Respondent shall execute a Lease Agreement following the general guidelines stipulated in the attached sample Lease Agreement form. If the undersigned shall fail to execute a Lease Agreement within fifteen (15) days after the Respondent has received notice from the State or its duly authorized representative that the lease is ready for signature, the State may determine that the Respondent has abandoned the lease; thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate; and the same shall be property of the State of Nevada.

Accompanying this proposal is a _Respondent’s Bond or Cashier’s Check in the Amount of One thousand dollars ($1,000.00) as a guarantee that, if the proposal is accepted, Respondent will execute the Lease Agreement. Should Respondent fail to execute said Lease Agreement, he/she will forfeit said amount.

A part of this proposal is a completed and verified financial statement and fully answered questionnaire, which has been verified.

I/We hereby certify that all responses and information provided in connection with this proposal are true to the best of my/our knowledge and belief, and I/we understand and agree that any misstatement or omission of any material fact may cause forfeiture on my/our part of all rights to the proposed agreement to be awarded by the State of Nevada.

I/we hereby respectfully submit this proposal, including all required documents and statements. I/we represent that the signatures hold the positions set forth below signatures and are authorized to execute this proposal.

If the Respondent is a corporation, state legal name of corporation, address state of incorporation, person designated for service of process, names of the directors, president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Respondent is an individual, state first, middle and last name in full:

Signature

Printed Name

Signature

Printed Name

Signature

Printed Name

Sign Here:

VI. AUTHORIZATION TO RELEASE INFORMATION

To Whom It May Concern:

I/my company have (has) submitted a proposal to the Nevada Division of State Parks, for a

Lease operation. I hereby authorize State Parks to release or discuss any or all information contained in my response(s) to the RFP with indicated references, financial institutions and other individuals or business associations whose identities have been disclosed by me or if not disclosed by me, any relevant individual or business entity, including other government entities, who may reasonably have information that will verify the contents of my proposal. This process may be necessary for the Division of State Parks to verify information submitted by me in the above-referenced proposal.

Respondent Signature

Date Signed

Printed Name

Position/Title

Company Name (if applicable)

VII. SUPPLEMENTAL INFORMATION/ATTACHMENTS

SECTION IV

DRAFT LEASE AGREEMENT

A.P.N.’s Lincoln County

Spring Valley State Park

00-622103

00-641101

00-641102

00-622115

DRAFT

GRAZING LEASE

State Park

IN ACCORDANCE with NRS 322.050, 322.075, and NRS 407.065 1(c) and in consideration of the provisions contained herein, this lease, made and entered into on

, by and between the STATE OF NEVADA, acting by and through the DIVISION OF STATE LANDS, for and on behalf of the DIVISION OF STATE PARKS, hereinafter referred to as (LESSOR), and

, hereinafter referred to as LESSEE.

WITNESSETH:

WHEREAS, NRS 322.010 authorizes the Administrator of the DIVISION OF STATE LANDS to enter into Lease agreements on behalf of agencies for which the title to real property is held, and;

WHEREAS, NRS 407.065 authorizes the Administrator of the DIVISION OF STATE PARKS (‘State Parks’) to allow multiple use of state parks including grazing as long as the use is in furtherance of the purposes of the park, and;

FOR AND IN CONSIDERATION of the mutual covenants of the parties hereinafter stated, to be kept and performed, and for and in consideration of the rentals reserved and stated herein, the parties hereto agree as follows:

PARKS agrees to lease to LESSEE the grazing rights to pastures identified in EXHIBIT A. The grazing rights and pasturage herein granted, does not constitute the granting of a leasehold in the real property to LESSEE. The use of the term “lease” herein refers solely to grazing rights and pasturage for livestock.

1.

INCORPORATED DOCUMENTS: The parties agree that the scope of work and grazing rights to pastures shall be specifically described; this Lease incorporates the following attachments in descending order of constructive precedence; a LESSEE 's Attachment shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in this Lease:

ATTACHMENT A:

STATE SOLICITATION

ATTACHMENT B:

LESSEE 'S RESPONSE

ATTACHMENT C:

SCOPE OF WORK, GRAZING RIGHTS TO PASTURES

ATTACHMENT D:

PASTURE MANAGEMENT PLAN

EXHIBIT A

PASTURE BOUNDARY MAP

2.

TERM: State Parks will accept proposals for a grazing lease for grazing season from January 1, 2021 to December 31, 2024. One (1) additional term of one year each may also be entered into upon application in writing by LESSEE prior to the termination of the first grazing season. After award of a lease, and at the conclusion of the first grazing season, State Parks will allow the LESSEE the first of two, one-year extensions of the lease terms if retains the lease on the property 3.

NOTICE: All notices or other communications required or permitted to be given under this Lease shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

4.

ASSENT: The parties agree that the terms and conditions listed on incorporated attachments of this Lease are also specifically a part of this Lease and are limited only by their respective order of precedence and any limitations specified.

5.

INSPECTION & AUDIT:

Books and Records. LESSEE agrees to keep and maintain under generally accepted accounting principles (GAAP) full, true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United States Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with all state and federal regulations and statutes.

Inspection & Audit. LESSEE agrees that the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of LESSEE or its SUBLESSEE’s including financial statements and supporting documentation, and documentation related to the operations of the lease shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of LESSEE where such records may be found, with or without notice by the State Auditor, the relevant state agency or its contracted examiners.

Period of Retention. All books, records, reports, and statements relevant to this Lease must be retained a minimum three years and for five years if any federal funds are used in the Lease. The retention period runs from the date of termination of the Lease. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue.

6.

LEASE TERMINATION:

Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Lease may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Lease may be terminated by either party with written notice of default or breach to the other party as follows:

i.

If LESSEE fails to provide or satisfactorily perform any of the conditions, or services called for by this Lease within the time requirements specified in this Lease or within any granted extension of those time requirements; or

ii. If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by LESSEE to comply with any requirements of this Lease is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

iii. If LESSEE becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or iv.

If LESSOR materially breaches any material duty under this Lease and any such breach impairs LESSEE's ability to perform; or vi.

If it is found by LESSOR that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by LESSEE, or any agent or representative of LESSEE, to any officer or employee of the State of Nevada with a view toward securing a lease or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such lease; or

vii. If it is found by LESSOR that LESSEE has failed to disclose any material conflict of interest relative to the performance of this Lease.

Time to Correct. Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in paragraph (3), and the subsequent failure of the defaulting party within Fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

D.

Winding Up Affairs Upon Termination. In the event of termination of this Lease for any reason, the parties agree that the provisions of this paragraph survive termination:

i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Lease. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

ii.

LESSEE shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by State Parks;

iii. LESSEE shall execute any documents and take any actions necessary to effectuate an assignment of this Lease if so requested by State Parks;

E.

PARKS reserves the right as its sole option, at any time upon Ninety (90) days written notice to LESSEE, to terminate this Lease. In the event of termination pursuant to this provision, State Parks will refund to LESSEE any unused portion of an advanced payment made by LESSEE.

F.

LESSEE understands that a State of Nevada grazing lease is a privilege and that livestock grazing is a management tool for the issuing agency. If livestock grazing is not beneficial to the leased property at any time, State Parks can elect not to re-offer the grazing lease or terminate under (A) above.

7.

PURPOSE: The premises are leased solely for the pasturage and grazing of livestock and all…