# Presentation: 681320

## MODIFICATIONS

## Modifications clarified 512.50

- Contract Modifications
- are specific changes to a contract that require an NRCS Approving Official and participant signature
- are documented on either the Revision of Conservation Plan/Schedule of Operations (NRCS-CAP-1156, or the Transfer Agreement (NRCS-CPA-152)
- signed electronically by NRCS Approving Official and _**MANUALLY**_ by participant
- decision maker will become default signature for modifications and payments to generate signature box on CPA-1156  but can be changed through a modification to select additional or different participants

## Modifications clarified 512.50

- Minor Contract Changes
- changes that do not increase or decrease by more than $1000
- do not require approval by a NRCS Approving Official
- do not require signature by participants
- minor contract changes are captured in ProTracts and do not require documentation in the contract folder

## Modification Process

- Modification will be submitted for approval by a NRCS Approving Official using NRCS-CPA-1156 or NRCS-CPA-152
- NRCS-CPA-1156 must be generated through ProTracts
- basis for modifying the contract must be clearly stated
- contract items will not be rescheduled to avoid loss of payment due to violation of HELC/WC compliance provisions
- modification that result in an obligation increase must be within the scope of original contract and are generally categorized as a “cost overrun” – approval is based on   availability of funds
- modifications involving a “change of scope” are prohibited

## EQIP Manual ChangesModification Procedure

- 515.102
- 515.102G Successor-In-Interest
- Added the successor-in-interest must meet all eligibility requirements for EQIP
- 515.102H  Repairing Damaged Conservation Practices
- EQIP funds may be used to restore practices damaged by a natural disaster for active contract
- ECP funds no longer eligible for any practice still under a USDA program lifespan

## WHIP Manual Changes

- Change in scope modifications no longer
- permitted for WHIP

## Modifications – No Signature Required (participants)

- changes within the original length of the contract
- increase/decrease planned amount of conservation practice or components when the payment amount per contract item is not increased by more than $1000 per conservation practice, or activity
- add/delete a component from a planned practice
- edit crop types or acres
- edit livestock type
- add a vendor code to a participant

## Modifications – Signature Required (participants)

- adding land (only CSP)
- losing control of some of the land under contract
- extending or reducing the contract period
- substituting a new CIN
- adding or deleting a CIN (deleting an CIN must have a valid reason not adverse to the Government interest or conservation objectives)
- destruction of established practice
- adding a participant or adjusting participant shares
- reapplying a conservation treatment that failed
- adding an item to the contract that utilizes TSP funds
- changing a method of cost-sharing or adding a payment cap for a practice
- CSP – changing tier or contract length

## TSP PaymentsModification Requirements

- The participant requests a modification of his or her CPC to include funding for the desired services.  This modification must me signed by the NRCS Approving Official before the participant is authorized to use TSP services
- All work to be performed by a TSP must be “substantially completed” during the same fiscal year that funds are obligated in a CPC for TSP assistance

## Documentation of Contract Modifications

**Modification Action****	****	****	****Form**
- Cancel a contract		Form generation is not required. The Designated 				Conservationist (DC) is required to write “canceled” and date 			on all contract documents in the folder, and change the 				contract status to cancelled in ProTracts. This requires 				documentation supporting the participant’s request or 				approval on Form NRCS-CPA-153 or formal 					correspondence.
- Terminate a contract		Form generation is not required. The DC is required to write 			“terminated” and date on all contract documents in the folder, 			and change the contract status to terminated in ProTracts. 			This requires formal documentation with appeal rights 				provided to the participant
- Add a participant		Form NRCS-CPA-152, Transfer Agreement
- Delete a participant		Form NRCS-CPA-152, Transfer Agreement
- Change participant payment
- 	shares			Form NRCS-CPA-152, Transfer Agreement
- Change contract expiration date	Form NRCS-CPA-1156
- Change contract land units or
-  legal description		Form NRCS-CPA-1156

## Documentation of Contract Modifications cont.

**	****Modification Action****	****	****	****	****Form**
- 	Change acres under contract			Form NRCS-CPA-1156
- 	Change CSP eligible acres			Form NRCS-CPA-1156
- 	Change CSP contract tier			Form NRCS-CPA-1156
- 	Change CSP contract years			Form NRCS-CPA-1156
- 	Add a practice/contract item			Form NRCS-CPA-1156
- 	Change contract item
- 		TA fund code			Form NRCS-CPA-1156
- 	Delete a practice/contract item			Form NRCS-CPA-1156
- 	Add land units to a practice			Form NRCS-CPA-1156
- 	Remove land units from a practice		Form NRCS-CPA-1156
- 	Change contract item
- 		benchmark indicator			Form NRCS-CPA-1156
- 	Decrease component
- 		cost-share rate			Form NRCS-CPA-1156
- 	Increase component cost-share rate		Form NRCS-CPA-1156

## Approval of Contract Modifications

- all contract modifications and minor contract changes will be completed through ProTracts
- the participant and NRCS Approving Official will sign **all** contract modifications
- contracts modifications that exceed the lesser of 20% of the current contract obligation or $10,000 will require approval of the State Conservationist or designee
- all other modifications – Approving Official is Contracting Officer or designee