Request for Proposals: Due Diligence Tasks for Forest Legacy and/or Natural Heritage Conservation Act Programs

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REQUEST FOR PROPOSALS

ISSUED BY THE STATE OF NEW MEXICO, ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT, FORESTRY DIVISION FOR LAND TRUSTS AND LAND CONSERVATION ORGANIZATIONS TO CONDUCT DUE DILIGENCE TASKS FOR THE FOREST LEGACY AND/OR THE NATURAL HERITAGE CONSERVATION ACT PROGRAMS 


 

I. PURPOSE

The State of New Mexico, Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Forestry Division) is seeking proposals from land trust entities or other land conservation organizations that operate in New Mexico who meet the required qualifications as specified below and will be dedicated to submitting project proposals to the federally funded Forest Legacy Program (FLP) or state-funded Natural Heritage Conservation Act (NHCA) Program. The successful Offeror(s) shall be able to identify potential projects in New Mexico for securing conservation and/or agricultural easements or fee simple FLP purchases that meet the requirements of the FLP, or meet the requirements of the NHCA Program, and work with the landowner of such properties to complete the program application forms required to submit proposed projects.

EMNRD may award multiple contracts as a result of this Request for Proposals (RFP). 

Any proposal that may result from this RFP is valid for one year from proposal due date as indicated in Section VIII, Contact Person and Due Dates, below. 

II. ELIGIBLE OFFERORS

This RFP is directed at entities that meet the criteria below. An eligible Offeror:

• is a non-profit organization as described in 501(c) of the Internal Revenue Code of 1986 that operates in New Mexico and that has the power to acquire, hold or maintain land or interest in land;

• has necessary experience and knowledge, including previous experience working with landowners on other land conservation easement projects in New Mexico to identify and submit potential projects for either fee simple purchase or conservation easements that:

• has knowledge of conducting or procuring due diligence services such as market valuations, mineral title opinions or mineral remoteness determinations, title commitment work; environmental assessments, baseline documentation reports, stewardship plans, and appraisals; and

• has experience working with landowners in New Mexico including but not limited to individuals, corporations, state agencies, political subdivisions of the state and tribal governments.

III. SCOPE OF WORK

The successful Offeror(s) shall assist the Forestry Division in identifying potential land conservation projects in New Mexico that meet the requirements of the Forest Legacy Program or meet the requirements of the Natural Heritage Conservation Act Program and work with the landowner of such properties to complete application forms, required to submit proposed projects.

The Forestry Division will assign work on an “as-needed” basis. The selected Contractors shall receive requested tasks from designated Division staff and shall develop and submit, for the Forestry Division’s approval, a timetable and budget to perform the work as requested by Division staff.

The successful Offeror(s) shall:

  • identify and submit project proposals for the Forestry Division’s Forest Legacy Program;
  • and/or identify and submit project proposals for the state-funded Natural Heritage Conservation Act Program;
  • upon the Forestry Division’s request, complete by in-house staff, or procure via sub-contractor, due diligence activities for the submitted project proposals. For detailed requirements of each activity for FLP projects please refer to Part V., Land Acquisition Process and Requirements of the FLP Implementation Guidelines (linked above) and/or the Land Trust Alliance Standards and Guidelines (https://a.storyblok.com/f/120093/x/6d634cb9ce/landtruststandardsandpractices-revised.pdf). For detailed requirements for NHCA projects refer to NHCA statute and rule (Attachment 1) and/or the Land Trust Alliance Standards and Guidelines (https://a.storyblok.com/f/120093/x/6d634cb9ce/landtruststandardsandpractices-revised.pdf). Due diligence activities include:
  1. mineral title opinions or mineral remoteness determinations, certifying that the landowner owns mineral rights or a report from a professional geologist that the probability of surface mining occurring on such property is so remote as to be negligible;
  2. market evaluation report of the property determining what the current value of the property is for fee title acquisition or current value of a conservation easement for the property and detailing how that determination was made and what resources where used; 
  3. conducting title searches and providing title commitments; with the title commitments in the name of EMNRD-Forestry Division for FLP and/or EMNRD for NHCA;
  4. environmental assessments (phase I, and phase II, if required);
  5. baseline documentation report of property; establishing the initial conditions of the property necessary to monitor and enforce the conservation easement or deed.
  6. develop stewardship plans; the plan is a site-specific plan that must be approved by the State forester or designee that meets or exceeds the Forest Service Forest Stewardship Program Standards and Guidelines. The plan documents and addresses the multiple natural resources present on a tract of FLP land, highlights the landowner’s objectives, and describes actions to protect and manage soil, water, range, aesthetic quality, recreation, timber, fish and wildlife resources, and other conservation values identified on the tract.
  7. land surveys which meet the standards and requirements of the American Land Title Association® and/or the National Society of Professional Surveyors (https://cdn.ymaws.com/nsps.us.com/resource/resmgr/alta_standards/2021_Standards_20201030_grk.pdf);
  8. facilitation of stakeholder meetings to develop co-management plans:
  9. development of co-management plan(s) in conjunction with the Forestry Division that state the responsibilities of EMNRD-Forestry Division and the partner that will be co-managing the property to be held in fee title by the Forestry Division;
  10. develop conservation easements or fee simple deed language in conjunction with the Forestry Division; and
  11. Acquiring an appraisal specifying the users of the appraisal report (EMNRD-Forestry Division, landowner, and/or United States Department of Agriculture-Forest Service) that establishes fair market value of the conservation or agricultural easement and meets United States treasury regulations and the uniform standards of professional appraisal practice. In addition, for FLP the appraisal report must meet Federal appraisal standards known as the Uniform Appraisal Standards for Federal Land Acquisitions.

V. PROPOSAL FORMAT AND CONTENTS

Proposals must contain sufficient information to provide the Division with a thorough description of Offeror’s qualifications to accomplish the activities described in the Scope of Work.

The proposal MUST contain, at a minimum, all listed items.

  1. Certification in your Submittable proposal that:
  • identifies the name, title, telephone number, and e-mail address of the person authorized to negotiate the contract on behalf of the Offeror;
  • identifies the names, titles, telephone numbers, and e-mail addresses of person(s) to be contacted for clarification;
  • expressly indicates acceptance of the terms and conditions of this RFP and its evaluation factors;
  • certifies all entities or individuals responsible for authorizing Offeror’s activities have agreed the proposal should be submitted;
  • if applicable, acknowledges receipt of any and all amendments to this RFP; and
  • is signed by the person authorized to contractually obligate the Offeror.

      2. Documentation of experience, education, knowledge, and capability (refer to Proposal Evaluation Criteria).       Including:

  • Contact information for references who can attest to experience and quality of deliverables; and

      3. Federal Compliance – If applying to FLP projects, Offeror(s) must provide their Unique Entity Identifier (UEI) and have an active registration on SAM.GOV (Appendix A to Part 25, Title 2) and state whether they meet C.F.R. requirements for an audit (2 5C.F.R. 200.501(a) Audit Requirements). If Offeror does meet the requirements for an audit, Offeror must provide proof the audit has been submitted to the Federal Audit Clearinghouse (FAC) (2 C.F.R. 200.512 (b) Report Submission), and provide their federal Employer Identification Number, which will allow the Forestry Division access to the relevant audit(s) prior to any award subject to this RFP.

     4. Budget Narrative- Offerors must provide a brief written narrative describing anticipated due diligence needs over the next four years and how an award to the Offeror and the ability to request reimbursement for due diligence expenses through Task Orders will result in increased conservation activity in New Mexico. In addition, please include the following:

  • Hourly Rates per Position: Clearly specify the hourly rates for each in-house staff position anticipated to work on the project and the due diligence activities they are qualified to complete; 

      5. Campaign Contribution Form (Attachment 2) -- Offeror shall complete, sign, and submit with Offeror’s proposal response the Campaign Contribution Disclosure Form and disclose whether Offeror, a family member, or a representative of the Offeror has made a campaign contribution to an applicable public official during the two years prior to the RFP. Offeror shall complete the non-disclosure statement or make separate disclosures for all campaign contributions given by (a) the Offeror, (b) a family member, or (c) a representative of the Offeror.

      6. Completed, signed Statement of Assurances Form (Attachment 3).

Any proposal not adhering to these requirements may be deemed non-responsive and rejected on that basis.

VI. CRITERIA AND EVALUATION POINT SUMMARY

Offeror(s) shall submit information sufficient to allow the Forestry Division to evaluate the proposal based upon criteria listed below:

Relevant experience:

Points will be awarded based on documented relevant experience, resources, education, knowledge, and capability of the organization and its employees.  Possible points 50

Staffing:

Points will be awarded based on number of staff and their qualifications. Possible points 50

Maximum total possible points 100

* Preference laws do not apply to the work of this RFP, as it may be funded with federal 

dollars.

VII. EVALUATION PROCESS

The evaluation process will follow the steps listed below:

1. Three Evaluation Team members will document contents of competitive sealed proposals after the submittal deadline.

2. The Evaluation Team will review proposals for compliance with the mandatory requirements stated within this RFP. Proposals deemed non-responsive will be eliminated from further consideration.

3. The Forestry Division Contact Person may contact Offerors for clarification of the proposal.

4. The Evaluation Team will evaluate responsive proposals based on the criteria in Section V. and will select responsive Offeror(s) with the highest total scores as finalist Offeror(s). The Evaluation Team will select the finalist Offeror(s) whose proposal and references is/are most advantageous to the Forestry Division, for award.

VIII. CONTRACT AWARD AND DURATION

The Forestry Division may award multiple contracts under the terms of the attached draft Professional Services Agreement (PSA) (Attachment 4) and in accordance with this RFP. Any PSA awarded as a result of this RFP shall not be binding until approved by the General Services Department, State Purchasing Division, Contracts Review Bureau. The contract period shall extend from the date of contract approval by the Contracts Review Bureau, and shall last no longer than four years, including any amendments and renewals.

IX. CONTACT PERSON AND DUE DATES

The EMNRD Contact Person for this procurement is:


 

Carol Bada, Forest Legacy Program State Coordinator

EMNRD, Forestry Division

Wendell Chino Building

1220 South Saint Francis Drive

Santa Fe, NM 87505

Telephone: (505) 660-0412

carol.bada@emnrd.nm.gov


 

Offerors shall direct any questions regarding this RFP to Carol Bada at the email or physical address indicated. The Forestry Division will only respond to written questions regarding this RFP. Written answers to those questions will be sent to all who request copies of this RFP and will also be posted on the Forestry Division website as specified below.

Any inquiries or requests regarding this procurement must be submitted in writing to the Forestry Division Contact Person listed above. Offerors may contact ONLY the Contact Person regarding this RFP. Other state employees or Evaluation Committee members do not have authority to respond on the Forestry Division’s behalf.

Deadlines for Written Questions

Potential Offerors may submit written questions to the Contact Person as to the intent or clarity of this RFP until 5 p.m. MDT, July 31, 2025. All written questions must be addressed to the Contact Person as indicated above. In the event questions are mailed via United States Postal Service, they must be physically received at the above location by the stated date and time to be considered. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

The Forestry Division will post written responses to such questions on the Forestry Division website by August 11, 2025.  https://www.emnrd.nm.gov/sfd/requests-for-proposals-and-grants/.

Proposal Submittal and Due Date

Offerors shall submit their proposal using the Forestry Division’s Submittable webpage using this address: https://emnrd-sfd.submittable.com/submit no later than 5 p.m. MDT, August 22, 2025. The Forestry Division will deem such proposals sealed in accordance with state statute. The Forestry Division shall not accept proposals received after this date and shall make absolutely no exceptions for proposals not received by the appointed time.

Protest Period

Pursuant to NMSA 1978, Section 13-1-172 and applicable procurement rules, Offerors who are not selected have the right to timely protest the procurement. Protests must be written and must include: the name and address of the protestor and the name of the procurement being protested; a statement of the grounds for protest including appropriate supporting exhibits; and the ruling requested from EMNRD. The protest period begins on the day after notice of selection/non-selection and ends at 5 p.m. 15 days later. Protests must be delivered to:  Miguel Gallegos, Chief Procurement Officer, EMNRD, 1220 S. St. Francis Drive, Santa Fe, NM, 87505.

IX. NOTICES

Award of agreements is contingent upon sufficient appropriations and authorization being made by the State of New Mexico and the U.S Department of Agriculture, Forest Service.

The money made available to support any PSA entered as a result of this RFP must cover Gross Receipts Taxes as a component of the total PSA amount.

EMNRD may cancel this RFP and reject any and all proposals when it is in the State of New Mexico’s best interests.

EMNRD may conduct discussions with Offerors who submit proposals but may also accept proposals without such discussions.

The New Mexico Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.


 

Attachments

Attachment 1:  NHCA Statute and Rule

Available at: https://www.emnrd.nm.gov/sfd/wp-content/uploads/sites/4/NHCA-Statute-and-Rule.pdf 

Attachment 2: Campaign Contribution Form 

Available at: https://www.emnrd.nm.gov/sfd/wp-content/uploads/sites/4/Campaign-Contribution-Form.pdf

Attachment 3: Statement of Assurances Form 

Available at: https://www.emnrd.nm.gov/sfd/wp-content/uploads/sites/4/Statement-of-Assurances-Form.pdf

Attachment 4: Professional Services Agreement

Available at: https://www.emnrd.nm.gov/sfd/wp-content/uploads/sites/4/FY26-PSA-template.pdf

 
 


 

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