# Part 610 -- Technical Service Provider

# Subpart E -- Acquisition of and Payment for Technical Services

# 610.40 Participant Acquisition of Technical Services

# A. Participants may select NRCS or a TSP to perform the technical services needed in conjunction with their conservation program contract or agreement.

# B. If a participant enters into a program contract or other agreement with NRCS for use of TSP services and that work is performed in accordance with NRCS standards and program requirements, the participant will, subject to availability of funds, receive payment for the technical services provided up to the amount determined with the not-to-exceed rate by NRCS.

# 610.41 Not-To-Exceed Rates

# A. NRCS establishes payment rates by calculating not-to-exceed (NTE) rates for technical services. Initial rates were set by analyzing the amount of time, by NRCS discipline, required to develop a conservation plan or complete the design, installation, or checkout of conservation practices. NRCS will continue to evaluate and update NTE rates, using NRCS technical service data and other pricing information, following a standardized methodology.

# B. NTE payment rates are adjusted by time team region (TTR) within the States and Pacific Basin and Caribbean Areas to reflect geographical work hours and labor cost differences for categories of technical services. State Conservationists and the Directors, Pacific Basin and Caribbean Areas will coordinate payment rates between adjacent States/Areas and TTRs to ensure consistency where similar resource conditions and agricultural operations exist, taking into consideration differences in State-level laws, competition, and other variables.

# C. If a TTR does not have an available NTE rate for a specific practice or practice component for a specific site, then the NTE rate may be established using the rate from another TTR or State/Area where resources, socio-economic conditions, and agricultural operations are comparable.

# D. State Conservationists and the Directors, Pacific Basin and Caribbean Areas may establish payment rate exceptions to the NTE rates on a case by case basis in response to unusual conditions or unforeseen circumstances in delivering technical services such as highly complex technical situations, emergency conditions, serious threats to human health or the environment, and major resource limitations. These rates must be established, documented, and justified before obligating funds in the program contract.

# E. NTE payment rates can be found at: . Also, there is an interactive Web site that allows NRCS State-level staff to review and modify proposed new TSP NTE rates when they are released.

# F. Exceptions to the existing NTE rates.  

# (1) An exception to the NTE rate is justified, if one or more of the following criteria are met:

## (i) There is a one-time, specific need;  

## (ii) NTE rates are not available for a particular practice; and 

## (iii) Unique environmental or other natural resource conditions exist and practice implementation is more complex than the typical unit description. 

# (2) Some examples of specific situations where an exception is justified include: 

## (i) Presence of threatened and/or endangered species;

## (ii) Presence of protected historical or archeological sites;

## (iii) Especially difficult access to a site;

## (iv) Presence of urban development requiring special practice design; and

## (v) Lack of in-State/Pacific Basin and Caribbean Area NRCS expertise to accomplish a given task. 

# G. The NTE rates are currently tied to the Technical Assistance Cost of Conservation Practices (TACCP) database, which contains estimates for time necessary to complete planning, design, installation, and checkout tasks associated with conservation practices.

# (1) These time estimates are applied to an NRCS composite staff cost per hour plus overhead by discipline in order to derive an NTE rate.

# (2) NRCS does not have the authority to pay more than what it would cost NRCS to provide the technical assistance.

# (3) In order to properly document the need for an exception, it is necessary to briefly describe the conditions and list the disciplines that will be involved and the amount of time involved for each discipline. Include only time associated with providing technical assistance or consultative services, not time related to program enrollment and other activities associated with providing financial assistance. 

# H. To clarify the process, an example and template (in Excel) are contained in Exhibit 610.97, NTE Rates Exception Templates of this Part. 

# I. Field and State-level staffs must submit requests for TSP NTE rate exceptions to State Conservationists and Directors, Pacific Basin and Caribbean Areas, for approval. Staff must provide all required information to support requests, including the following: 

# (1) Description of need;

# (2) Name of State/Pacific Basin and Caribbean Area and TTR;

# (3) Land use;

# (4) Practice; and

# (5) Tasks, discipline/skill and time estimates (i.e., planning, design, installation, and checkout).

# (6) Other items needed include units (i.e., acre or animal unit), composite-labor-overhead rate by discipline, task element, and practice code. These items are built in and shown as \[#N/A\] in Exhibit 610.97, NTE Rates Exception Templates of this Part. The government costs, either total or subtotal, are automatically calculated once the hours of work by discipline are entered. 

# J. State Conservationists/Directors, Pacific Basin and Caribbean Areas, are to send a copy of the completed form to the NRCS Resource Economics and Social Sciences Division (RESSD), Room 6148-South, 1400 Independence Avenue, S.W., Washington, D.C. 20250 within 30 calendar days of completion. The submitted requests will be used for oversight, recordkeeping, and updating the NTE rates.

# 610.42 Use of Subcontractors

# A. TSPs may utilize the services of subcontractors to provide specific technical services or expertise needed by the TSP, provided that:

# (1) The subcontractors are certified by NRCS for the particular technical services to be provided and technical services are provided in accordance with the terms of their Certification Agreement, or

# (2) The TSP is under the provisions of a procurement contract, cooperative or contribution agreement with NRCS. In this instance the subcontractor does not need to be certified but must meet required provisions of the contract or agreement.

# B. TSPs using subcontractors that are not certified or do not meet specific provisions of a contract or agreement may be subject to de-certification by NRCS.

# 610.43 Payment for Technical Services to a Participant

# A. The process for making payments for technical services will be in accordance with the policy specific to the conservation program being utilized.

# B. Payment provisions must be included in the participant\'s program contract prior to the participant employing the services of a TSP, except as provided in Paragraph C., below;

# C. A participant, at the discretion of the State Conservationist/Director, Pacific Basin or Caribbean Area, may be paid for TSP technical services incurred prior to entering into a program or contract. State Conservationists/Director, Pacific Basin and Caribbean Areas, need to review program policy to determine the source of funds to reimburse TSPs in these situations. Program dollars may not be for activities carried out before the contract is funded, which may require that CTA funds be used. These costs include the development of a conservation plan or practice design that may be subsequently incorporated into a program contract or agreement. To be paid for these technical service costs the participant must:

# (1) Enter into a written agreement with NRCS, signed by the participant and the State Conservationist/Director, Pacific Basin or Caribbean Area, or designee, approving payment of these technical service costs not to exceed the approved amount based on the applicable NTE rates before any work is started;

# (2) Meet the requirements specified in the agreement identified in paragraph 1;

# (3) Utilize the services of a certified TSP from the NRCS approved list of TSPs, and;

# (4) Provide NRCS an invoice and related documentation in accordance with the appropriate NRCS Statement of Work for the technical services provided.

# D. Payments will not be made for technical services provided by individuals, private sector agencies, American Indian Tribes, public agencies or others that are not certified or that use non-certified subcontractors at the time services were provided.

# 610.44 Procurement Contracts, Contribution Agreements, and Cooperative Agreements

# A. State Conservationists and the Directors, Pacific Basin and Caribbean Areas, may utilize procurement contracts, contribution agreements, and cooperative agreements to obtain needed technical or administrative services. These services include planning, design, practice installation, checkout, or support services. State Conservationists/Area Directors will ensure that the allocation of monies in all type of agreements is tied to specific, measurable deliverables. These contracts and agreements will be utilized in accordance with the proper authorities, regulations, policies, and the following guidance:

# (1) Contracts will be solicited and awarded in accordance with applicable Federal, Departmental, and Agency regulations. Individuals, entities and public agencies can bid on federal contracts to provide TSP services, if allowed by law. Requests for proposals (RFP's) will need to include all information that a public agency, may have access to that could benefit them in the bidding process. In the case of a public agency winning a bid, access to NRCS space and equipment should only be allowed in carrying out the contract requirements if it was a part of the RFP.

# (2) Contribution agreements will be entered into non-competitively. NRCS may pay up to 50% of the cost of the services provided. Public agencies, such as a conservation district, working with NRCS under a contribution agreement should not work as a private sector TSP performing the same services. In such cases, the State Conservationist/Area Director should terminate the contribution agreement.

# (3) Cooperative agreements will be awarded based on competition in accordance with 7 Code of Federal Regulations (CFR) 3015.158 (d). RFPs will:

## (i) Be used for all cooperative agreements. Individuals, entities and public agencies can bid on cooperative agreements to provide TSP services, if allowed by law;

## (ii) Need to include all information that a public agency, may need to benefit from in the bidding process. In the case of a public agency winning a bid, access to NRCS space and equipment should only be allowed in carrying out the contract requirements if it was a part of the RFP. NRCS should discourage conservation districts providing services through a cooperative agreement from providing the same services as a private sector TSP.

# B. Conservation districts that operate as a private TSP should remove themselves from any part of a local workgroup meeting where decisions will be made that may affect their interests as a private TSP such as making recommendations for funding of specific practices in which they are certified or under agreement or contract to provide technical services.

# 610.45 Economy Act Agreements

# A. Economy Act agreements will be utilized with Federal agencies. These agreements shall be in accordance with the Economy Act of 1932, as amended, 31 U.S.C. 1535, and the Federal Acquisition Regulations and related OMB Circulars.

# B. Utilize the Economy Act authority when entering into fund obligating agreements with other Federal agencies.