April 7, 2005

IOWA BULLETIN NO. IA 440-5-11

SUBJECT: IOWA'S TECHNICAL SERVICE PROVIDERS INITIATIVE

PURPOSE. To explain the role of Natural Resources Conservation Service
(NRCS) staff in Iowa's Technical Service Providers Initiative (TSP).

EXPIRATION DATE.

Section 1242 of the 2002 Farm Bill provides for the delivery of
technical assistance to a producer directly or through a payment for an
approved third party. The TSP Final Rule was approved on November 29,
2004. Technical Service Providers (TSPs) can enter into enter into
cooperative agreements, contribution agreement or contracts with
non-Federal entities to assist in providing the technical assistance
necessary to develop and implement conservation programs.

The TSP Final Rule contained several changes from the TSP Draft Policy.
Those changes are as follows.

-   All new TSPs will have their education, training and experience
    verified prior to certification. NRCS has 60 days to review,
    interview and document that new TSPs meet all the qualifications and
    requirements contained on the TechReg site.

-   When NRCS obtains TSP services through a request for proposals (RFP)
    or other agreement the entity awarded the work is not required to be
    certified on TechReg. However, NRCS will clearly state the
    qualifications and performance criteria necessary to ensure quality
    implementation of the technical service being acquired in the RFP or
    agreement. TSP services acquired by approved USDA program
    participants must first be certified on TechReg.

-   TSP services can only be paid when there is a contract or written
    agreement from NRCS in place prior to those services occurring.
    Written agreements are not the same as a program agreement or
    contract. Contracts and written agreements are subject to the
    availability of funds and will be awarded based on priorities
    established by the State Conservationist. Written agreements must be
    authorized in writing by the State Conservationist prior to
    commencement of work.

-   NRCS will not offer any financial incentive to producers for the
    purpose of obtaining TSP services.

-   TSPs are liable and responsible for the services that they provide.
    Program participants are solely responsible for the TSPs they hire.
    Participants are also responsible for obtaining all permits,
    licenses and easements required to complete the practice.

The technical service provider, program participant and NRCS staff
members each have specific responsibilities in delivering technical. Key
responsibilities are as follows:

USDA PROGRAM PARTICIPANT (Independent acquisition of technical services)

-   The option of using a TSP is available only in those programs
    authorized by the State Conservationist and where funding is
    available. TSP is funded through program funds and TSP reimbursement
    through any given program is not guaranteed.

-   A producer may elect to select TSP technical assistance and pay for
    that service with funds other than USDA program funds. The TSP must
    be selected from the list of certified TSPs found on the TechReg
    website.

-   The producer must have a signed USDA contract or agreement prior to
    the commencement of work when the producer expects to be reimbursed
    for the TSPs technical services.

-   A producer will be paid only one time for any technical service
    unless there are major changes in technology or conservation needs
    due to changes in the farming or ranching operation.

-   The producer must provide written authorization prior to NRCS
    providing information contained in the producer's conservation
    files. The owner and operator must provide NRCS with a signed copy
    of the [Notification and Agreement on Release of
    Information]{.underline} prior to commencement of work activities.

-   The producer is responsible for complying with the terms and
    conditions of the program contract or written agreement, including
    ensuring that the TSP meets NRCS standards and specifications. The
    producer must submit to NRCS a signed copy of the [Warranty of
    Technical Services]{.underline} upon completion of project and prior
    to reimbursement for TSP Services. If the project is to be completed
    and reimbursed in part, a [Warranty of Technical
    Services]{.underline} must be on file with NRCS prior to
    reimbursement for that part of the project.

-   The producer is responsible for meeting regulatory requirements,
    obtaining necessary records and securing approvals, authorities,
    rights, permits and easements.

-   It is the producer's responsibility to check references and review
    qualifications.

-   The producer may contract with more than one TSP to complete a
    project.

-   The producer is responsible for the coordination of technical
    services provided by producer contracted TSPs, NRCS staff, and
    others.

-   The producer is responsible for ensuring that the completed work
    product meets the quality standards and practice specifications as
    established by NRCS.

-   To obtain payments for technical services, the producer must provide
    NRCS with documentation when the technical services have been
    completed and submit invoices to NRCS.

-   The producer is responsible for payment to the TSP for technical
    services provided regardless of any delay there may be in the NRCS
    reimbursement process. NRCS may, upon receipt of an assignment of
    payment, make the payment directly to the TSP.

TECHNICAL SERVICE PROVIDERS

-   The TSP must be certified and registered on the TechReg website.

-   The TSP technical assistance must be documented in accordance the
    appropriate statement of work and be consistent with the
    conservation goals and objectives for the program contract or
    agreement.

-   All technical assistance provided by the TSP must meet NRCS
    standards, specifications, program requirements, and manuals. The
    TSP must submit a [Warranty of Technical Services]{.underline} to
    the producer upon completion of project. If the project is to be
    completed and reimbursed in part, a [Warranty of Technical
    Services]{.underline} must be on file with NRCS prior to
    reimbursement for that part of the project.

-   The TSP must comply with all applicable Federal, State, Tribal and
    local laws and requirements.

-   Legal responsibility for the technical assistance provided to the
    producer lies with the TSP. This includes any costs, damages,
    claims, liabilities and judgments arising from past, present or
    future omissions or errors.

-   The TSP may obtain Errors and Omission insurance.

-   A TSP may not be paid twice for the same technical service provided
    such as once through a program contract and once through a separate
    contract made directly with USDA.

-   The TSP may work with producers to obtain necessary appropriate
    approvals, authorities, rights, permits and easements.

-   TSPs must protect cultural resources as they provide technical
    services to producers. TSPs must comply with the National Historic
    Preservation Act (NHPA) as they conduct conservation project and
    program planning and implementation.

-   TSP's contracted by NRCS through contracts or agreements are subject
    to the Freedom of Information Act (FOIA). NRCS may provide
    non-public information to this type of TSPs without a signed release
    of information provided the information is necessary to complete the
    technical assistance.

-   All Technical Service Provider (TSP) contractors/consultants must
    not release any non-public information that: (1) reflects on the
    owner/operator/producer's personal, commercial, or financial
    matters; (2) causes substantial harm to the competitive position of
    the owner/operator/producer, or: (3) impairs the ability of NRCS to
    obtain similar, necessary information in the future. Violations are
    considered misdemeanors and employees, contractors, or consultants
    committing such violations may be subject to fines up to \$10,000
    and imprisonment up to one year. The TSP must sign [Notification and
    Agreement on Release of Information]{.underline} prior to
    commencement of work activities.

-   A TSP may gather and assess data, but program responsibility remains
    with NRCS.

-   TSPs must be in compliance with appropriate statutory and regulatory
    requirements.

-   The TSP may provide assistance to the producer in obtaining
    necessary records, permits and easements. A TSP may use
    subcontractors so long as they are certified TSPs.

-   The TSP must use standard technologies and practices. New technology
    and innovative practices must have prior approval by NRCS.

-   The TSP must develop and maintain documentation as required by NRCS
    manuals and technical guidance. This documentation must be provided
    to NRCS when the technical services are completed.

-   The TSP must negotiate payment for services provided from the
    producer.

-   All conservation practices completed by the TSP must be documented
    in the TSP Progress Reporting System.

-   The TSP must be aware and accept the consequences of
    decertification.

NRCS EMPLOYEES

-   NRCS may not provide a reference for a TSP applicant.

-   NRCS may not recommend specific TSPs.

-   NRCS will include a non-disclosure clause in all contracts and
    agreements with TSPs.

-   NRCS employees, Conservation District employees, and Technical
    Service Provider (TSP) contractors/consultants must not release any
    non-public information that: (1) reflects on the
    owner/operator/producer's personal, commercial, or financial
    matters; (2) causes substantial harm to the competitive position of
    the owner/operator/producer, or: (3) impairs the ability of NRCS to
    obtain similar, necessary information in the future. Violations are
    considered misdemeanors and employees, contractors, or consultants
    committing such violations may be subject to fines up to \$10,000
    and imprisonment up to one year.

-   NRCS employees may not be employed as TSPs if the general public
    would assume or interpret the work to be NRCS duties or an extension
    of NRCS duties, or might raise a question of unfair advantage based
    on access to non-public information.

-   NRCS employees who have an interest or relationship with any TSP
    must disqualify themselves from matters in which the TSP has an
    interest.

-   NRCS is responsible for ensuring that the work provided through RFPs
    and other agreements meets USDA standards and specifications.

-   NRCS must have received a signed copy of the [Warranty of Technical
    Services]{.underline} from the producer verifying that the work has
    been completed before payment is processed. If the project is to be
    completed and reimbursed in part, a Warranty [of Technical
    Services]{.underline} must be on file with NRCS prior to
    reimbursement for that part of the project.

-   NRCS must verify that TSP has entered completed conservation
    practice(s) into the TSP Progress Reporting System prior to payment.

-   Payment Rates for producer acquired TSP services

    -   Contracts enacted after August 20, 2004 are paid at current year
        NTE rates (with the exception of engineering practices for
        Waster Water Handling and Storage as described in IOWA BULLETIN
        NO. IA180-5-2.

    -   Practices completed prior to August 20, 2004 are paid at the
        rates posted in the year the practice was completed. These rates
        can be accessed on the web at
        <http://www.tsp-nte.nrcs.usda.gov/TSPNTE03Archive/>. The older
        rates were in effect from August 6, 2003 to August 20, 2004.

-   NRCS payments for technical assistance provided by TSPs is divided
    into three separate phases --design, implementation and checkout.
    Although the TSP may assist the producer in obtaining permits and a
    limited amount of evaluating conservation alternatives, TSPs do not,
    in general, provide technical assistance for conservation planning.
    Therefore, in Iowa, the design, implementation and checkout of
    practices is considered to limited to steps 8 and 9 of the planning
    process (implementation and evaluation of the plan).

## Design

> Surveys, geologic investigations, inventories, interviews, etc.,
> necessary to perform the design. Design computations, preparation of
> plans, drawings and specifications or job sheets. Sealing plans, (if
> required by state Code). Certifying that plans, drawings and
> specifications or job sheets are completed in compliance with all
> provisions of state and NRCS standards and specifications.

## Installation

> Surveys and measurements for construction layout. Pre-construction
> conferences. Tests and measurements during construction, including
> surveys, compaction tests, concrete tests, gathering load tickets and
> certifications. Obtaining photographs to document steel placement,
> mulch cover, pre-construction conditions, etc.

## Checkout

> Surveys, measurements, observations to document completed practice
> complies with approved plans. Includes job sheets, photos and job
> diaries. Material certifications, weigh tickets, etc. that document
> installation. AS BUILT plans, where appropriate. Certificates of
> completion, acceptance letters or other necessary approvals from
> regulatory authorities.

## Travel

> Time going to and from the site to implement the selected practice.
> This category is a necessary part of getting the job done. The time
> estimated by field office specialists is multiplied by the average
> staff year cost. Does NOT reflect mileage, vehicle, or transportation
> related costs, meals, or lodging. Travel Costs will be allocated into
> the above three categories.

## Other

> Includes activities that do not clearly fit the application steps for
> conservation practices. In some cases state or local municipalities
> have requirements that must be fulfilled before work can proceed. One
> example is the need to contact a utility company before digging can
> start.

-   NRCS must obtain the TSP documentation of technical assistance prior
    to payment. The documentation must meet NRCS quality standards and
    specifications.

-   NRCS will review the quality of the technical services in the same
    manner that other practices are reviewed. When a new TSP completes
    work in a county, the DC may perform a quality review of the
    practice. NRCS may use documentation provided by the TSP and other
    relevant information in reviewing the work product. Subsequent
    review of TSP will be done in accordance with typical NRCS standards
    of 10% of TSP work in the area.

-   NRCS staff must provide the NRCS TSP Coordinator with the name of
    any TSP who does not meet the requirements for certification,
    including, but not limited to, providing inferior technical
    services, technical services which do not meet NRCS standards and
    specifications, or if a TSP's lacks the education, training or
    experience to meet the certification criteria.

-   NRCS staff must not perform any work for which TSP technical
    assistance has been acquired by the producer. The TSP has certified
    to having the knowledge, skills and abilities to complete the task.
    The TSP is responsible for obtaining any necessary skills required
    to complete the technical assistance. NRCS participation in this
    type of technical assistance will put NRCS at risk for any legal
    consequences related to inferior TSP technical assistance.

-   NRCS is responsible for the quality of technical assistance provided
    by a TSP when the services are acquired through an RFP or other
    direct agency agreement between the TSP and the agency.

-   NRCS staff will send a notice to the TSP Coordinator detailing any
    deficiency in TSP technical service and recommended remedial action.
    The Coordinator will contact the TSP. Failure to correct
    deficiencies or repeated deficiencies in the quality of technical
    services provided will result in the TSP Coordinator starting the
    decertification process.

Questions regarding the TSP Initiative should be directed to the State
Office. Contact Judy Martinson, TSP Coordinator at 515-323-2229.