# Part 610 - Technical Service Provider Handbook

# Subpart C -- Certification

# 610.20 General Requirements

# A. NRCS will administer a national certification process utilizing national certification criteria as set forth by 7 CFR Part 652, Technical Service Provider Assistance. Also regarded as the final rule, it is accessible through Online Resources of the TechReg Web site, , and is contained in this Handbook as Exhibit 610.80, TSP Assistance Final Rule.

# B. Individuals, entities, public agencies and American Indian Tribes meeting the certification criteria for the technical services they desire to provide may be certified by NRCS to provide technical services in the States and the Pacific Basin and Caribbean Areas (Territories) and counties in which they request certification.

# C. Certification encompasses specific categories of conservation practices, conservation planning, and other technical services. State Conservationists and Directors, Pacific Basin and Caribbean Areas are not expected to utilize those conservation practices or technical services that do not apply to their particular States and Territories.

# D. Applicants are required to sign a Certification Agreement with NRCS to become certified. The TSP Certification Agreement, contained in this Handbook at Exhibit 610.81, includes the terms and conditions of the certification.

# E. Applicants must become certified and be placed on the NRCS-approved list of TSPs before they are eligible to provide technical services as a TSP, in accordance with the 2002 Farm Bill and 7 CFR Part 652.

# F. Employees of public agencies seeking certification to provide technical services outside of the auspices of their employing agency, or who have or are obtaining a financial interest in a TSP business or organization are to follow the appropriate ethics requirements of their employing agency when providing technical services as an individual or through a business or organization.

# G. NRCS may enter into a memorandum of understanding with qualified organizations to operate as recommending organizations which will review, train and/or test qualifications of TSP applicants and recommend applicants to NRCS for certification.

# H. State Conservationists or Directors, Pacific Basin and Caribbean Areas, in whose State or Territory a TSP is certified to provide technical service, may decertify the TSP, a private-sector entity, American Indian Tribe or public agency and all members thereof or specifically named certified individuals of the entity, Tribe or agency pursuant to the decertification process set forth at 7 CFR Part 652, Subpart C, Decertification.

# 610.21 Certification Exemptions and Criteria

# A. Certification Exemptions.

# Conservation districts, public agencies, American Indian Tribes and others partnering with NRCS under a revised cooperative working agreement or a memorandum of understanding in conjunction with NRCS acquisition of technical services through contribution agreements, may not be subject to the national certification process. They are, however, subject to the specific terms and conditions contained in the contribution agreement and any revisions to the cooperative working agreement or the memorandum of understanding for delivering technical services as TSPs.

# (1) Individuals, entities, public agencies and American Indian Tribes entering into procurement contracts or cooperative agreements with NRCS are also not subject to certification in TechReg. The qualification and performance criteria will be a part of the contract or agreement.

# (2) Technical services obtained directly by NRCS through the following methods are exempt from the certification process:

## (i) Procurement Contracts,

## (ii) Contribution Agreements,

## (iii) Cooperative Agreements, and

## (iv) Other appropriate legal instruments, in accordance with applicable competition and selection criteria.

# B. Certification Criteria.

# (1) To qualify for certification, applicants must: have the technical training, education, or experience to perform the level of technical service for which certification is sought. Necessary requirements for specific categories of technical service are found on the TechReg Web site, . Successful applicants must:

## (i) Meet any applicable professional or business licensing, permitting, or similar qualification standards established by State (and equivalent), local or Tribal or Federal law (for cultural resources compliance or planning services, must meet the Professional Qualification Standards for the specific services they are to perform. (See Section 112(a)(1)(A) of the NHPA.)

## (ii) Demonstrate, through documentation of training or experience, familiarity with NRCS guidelines, criteria, conservation practice standards and specifications as set forth in applicable NRCS manuals, handbooks, field office technical guides, and supplements thereto for conservation planning, and designing and applying specific conservation practices and management systems for which certification is sought.

## (iii) Not be decertified as a TSP at the time of application for certification.

## (iv) Be familiar with any unique requirements at the county level or on specific Tribal lands for particular conservation practices or technical services before providing those services locally. Applicants must agree to familiarize themselves with those requirements by contacting the appropriate NRCS conservationist before providing technical services.

## (v) On behalf of their employing entity, an American Indian Tribe or public agency wishing to qualify for certification, must be authorized to provide such services in the jurisdiction.

# (2) TSPs must enter into a Certification Agreement with NRCS specifying the terms and conditions of the certification unless exempted under Section 610.21, Certification Exemptions and Criteria, A. Certification Exemptions, of this Subpart.

# (3) NRCS will certify TSPs for a time period specified by NRCS not to exceed three years. Renewal of certification will be handled as found in Section 610.25, Certification Renewal, of this Subpart.

# (4) NRCS may, pursuant to 31 U.S.C. 9701, establish and collect fees for the certification of TSPs.

# 610.22 Submitting an Application for Certification

# A. In order to be considered for certification as a TSP, individuals must submit an application for certification to NRCS by fulfilling the certification requirements and documenting them as a part of the application process through TechReg (). Upon receipt of a complete certification application documenting that certification criteria has been met, NRCS will:

# (1) Check that the applicant meets the requirements in accordance with Section 610.24, Verification of TSP Certification Applications, of this Subpart and, if all requirements are met, then

# (2) Enter into a Certification Agreement with the applicant,

# (3) Place the applicant on the NRCS-approved list of TSP; and

# (4) Make available to the public the list of approved TSPs by practice or category of technical service.

# B. In order for a private sector entity or public agency to obtain certification as a TSP, it must:

# (1) Have the requisite professional and business licensure for states it seeks certification for, or in the case of a public agency, the authority within it\'s jurisdiction to provide technical services as a TSP.

# (2) Seek certification in TechReg as an individual as part of the entity or agency certification and ensures that the requirements for certification in the application support such certification.

# (3) Enter into a certification agreement that shall:

## (i) Identify the certified individual(s) who are authorized to perform technical services on behalf of the entity or agency;

## (ii) Require that, at all times, an individual who is certified in TechReg, is authorized to act on the entity or agency's behalf;

## (iii) Require that the entity or agency promptly provide an amended Certification Agreement to NRCS for approval when the list of certified individuals performing technical services changes;

## (iv) Require that responsibility for any work performed by non-certified individuals be assumed by a individual certified in TechReg authorized to act on the entity or agency's behalf;

## (v) Require that the entity be liable for the work performed by any individual working under the auspices of its certification.

# 610.23 Agreements with Recommending Organizations

# A. NRCS may enter into agreements, including memorandums of understanding or other appropriate instrument, with a recommending organization that NRCS determines has an adequate accreditation program in place to train, test, and evaluate candidates for competency in a particular area or areas of technical service delivery and whose accreditation program NRCS determines meets the certification criteria as set forth for the technical services to be provided. See Exhibit 610. 82, Sample Memorandum of Understanding between NRCS and Recommending Organizations, of this Part.

# B. Recommending organizations will, pursuant to an agreement entered into with NRCS:

# (1) Train, test, and evaluate candidates for competency in the category of technical services applicants wish to be certified to deliver;

# (2) Verify that candidates meet the certification requirements the recommending agency is evaluating for the specific category of technical services.

# (3) Make available to NRCS the individuals identified by the recommending organization as meeting the NRCS criteria they are evaluating for specific practices or categories of technical service(s).

# (4) Inform individuals seeking accreditations in their organization that they must meet these and other requirements necessary for certification in a technical service category,, including entering into a Certification Agreement with NRCS, in order to provide technical services under this part;

# (5) Reassess individuals that request renewal of their certification in accordance with Subpart B, 610**.**25, Certification Renewal;

# (6) Notify NRCS of any concerns or problems that may affect the organization\'s recommendation concerning the individual\'s certification, recertification, certification renewal, or technical service delivery.

# C. Upon receipt of the list of individual(s) from the recommending organization NRCS will update information in TechReg. These individuals must follow submit an application for certification as outlined in Section 610.22, Submitting an Application for Certification.

# D. NRCS will notify recommending organizations concerning any changes in the agency\'s certification criteria for individuals to become certified to provide specific technical services.

# E. NRCS may terminate an agreement with a recommending organization if concerns or problems with its accreditation program, its recommendations for certification, or other requirements under the agreement arise.

# F. Current memorandums of understandings with recommending organizations can be found on the TechReg Web site, .

# 610.24 Verification of TSP Certification Applications

# A. Overview and Process.

# (1) The TSP certification process includes a national application process and individual State-level certification criteria verification.

## (i) Within 60 days of receiving an application for certification from an individual, private sector entity, public agency or American Indian Tribe, NRCS, in the State/Pacific Basin or Caribbean Areas where the applicant resides (resident State/Territory), will determine whether the applicant meets the certification requirements by verifying:

## (ii) Training, education, and experience;

## (iii) Reference information;

## (iv) Individual State-level requirements, licensing, etc.;

## (v) That the applicant has not been de-certified;

## (vi) That the applicant has signed the certification agreement. (See Exhibit 610.81, Technical Service Provider Certification Agreement of this Part.)

# (2) The applicant must demonstrate on the application their familiarity with NRCS guidelines, criteria, standards, and specifications for which certification is sought.

# (3) For applicants who are applying for certification in more than one State/Territory, the resident State/Territory will verify compliance with the certification criteria and completeness of application as stated in Paragraph B, Methodology for Verifying Certification Applications, of this Section, and will do one of the following:

## (i) The resident State/Territory verifies that the applicant meets all certification requirements (e.g., training, education, experience, etc.) plus any specific resident State/Territory requirements, and, within 30 days will notify by e-mail the other States/Territories in which the applicant has requested to become certified. The notified States/Territories will then verify the applicant meets specific State-level requirements and respond to the resident State/Territory within 30days (for a 60 day verification time frame); or

## (ii) The resident State/Territory determines that the applicant does not meet certification requirements, and will immediately notify the other States/Territories where the applicant has requested certification (30 day maximum).

# (4) Once verification is complete NRCS will either:

## (i) Certify the applicant as a TSP and place the applicant on the approved TSP list; or

## (ii) Notify the applicant of missing information and request that the applicant provide additional information or that the applicant does not meet the requirements and that the applicant must take action to meet requirements if certification is desired.

# (5) The maintenance and disposition of application verification records will be the responsibility of the resident State/Territory.

# B. Methodology for Verifying Certification Application

# (1) Applicants seek certification in a selected category based on a specific option which has various criteria. The terminology below explains key facets of information that will be reviewed in order to verify the certification application. (See Exhibit 610.83, Terminology Example from TechReg, of this Part.)

## (i) Category -- the subject and types of technical service available for certification. The conservation practices associated with the service are listed. Currently TechReg includes 42 technical service categories. Proficiency requirements, which describe knowledge, skills or abilities required within each category, will be made a part of the category level.

## (ii) Option -- the different choices or avenues through which to become certified within the category. An applicant must satisfy at least one option for category certification. Currently the number of options range from one to 10 per category.

## (iii) Criteria -- the certification standards or requirements for specific options. All criteria within a chosen option must be met in order to be certified. NRCS will continue to evaluate criteria to make them more specific and to aid in the verification process.

## (iv) There are five types of criteria that must be verified. Verification methods are suggested to States/Territories for their consideration in support of the national process outlined in Paragraph A, Overview and Process of this Section. The following is a listing and a brief description of common verification methods for each type:

-   Licenses or Permits:

#### --Criteria refer to licenses (such as Engineers or Pesticide Applicators licenses) and permits (such as Cultural Resources Investigation permits).

#### --Common Verification Methods:

#### --Publicly accessible via the Internet (See Exhibits 610.83, State License Engineers: Texas Web site and Exhbit 610.84, State License Engineers: Illinois Web site, of this Part.)

#### --Contact TSP for proof of license or permit.

-   Certifications:

#### --Criteria refer to certifications that may be national in scope or State-level specific. Some examples include Crop Advisors, Certified --Conservation Planner, Nutrient Management, and Prescribed Burning.

#### --Common Verification Methods:

--Publicly accessible via Certification Organization Web site (See
Exhibits 610.85, ASA Certification Registry Web site, and Exhibit 610.86
Wildlife Society Certification Registry Web site, of this Part.)

--Direct contact with Agency/Organization who gave certification.

--Applicant provides proof of certification.

-   Education:

--Criteria refer to formal education or college degree.

--Common Verification Methods:

--Applicant provides a copy of diploma.

--Applicant provides copy of transcript(s).

--Contact the college/university, etc., to verify degree.

-   Training:

--Criteria refer to the training courses required by a specific option.
Some of the courses are offered by NRCS such as Conservation Planning
modules, and some are provided by external organizations such as the
Comprehensive Nutrient Management Planning course.

--Common Verification Methods:

--Contact the Information Technology Specialist, National Employee
Development Center (NEDC) (tracking system will be standardized) by
telephone at (817) 509-3242 or send an e-mail to .

--Contact NRCS State.Territory office where modules were completed.

--Contact training organization.

--Applicant provides copy of training certificate or proof of completed
training.

-   Experience:

--Criteria refers to work performed relative to the category that
applicant seeks certification.

--Common Verification Methods:

--Contact References.

--Obtain knowledge about performance from local NRCS office.

--Interview applicant or associations to assess type of experience
referenced in resume. (See Exhibit 610.87, Sample Interview Questions,
of this Part.)

--Total or complete Resume documentation (currently needs to be defined
in greater depth than what TechReg requires).

--Applicant provides documentation of previous work performed.

-   References:

--Criteria refer to persons or places with whom or where applicant has
worked to provide technical service in the category for which they seek
certification.

--Common Verification Methods:

--Interview customer references about work performed, types of technical
services provided, and to verify working relationship.

--May contact appropriate field offices to verify locations identified
in reference.

--Obtsain letters from customer reference acknowledging work performed,
types of technical services provided, and working relationship.

# (2) Verification of TSP Certification Applicants Certified by Recommending Organizations.

## (i) NRCS has memorandums of understandings (MOUs) with various organizations whose members may have an interest in being TSPs. (See Exhibit 610.81, Sample Memorandum of Understanding Between NRCS and Recommending Organizations, of this Part.) Through these recommending organizations, members may meet complementary criteria necessary for TSP certification.

## (ii) Criteria met through a recommending organization do not need to be verified by NRCS as the recommending organization takes on that responsibility. Every effort will be made to add the MOU organization as an option to a category and include only criteria that have not already been certified by the MOU organization (See Exhibit 610.88, MOU Recommending Oreganizations, of this Part.).

# 610.25 Certification Renewal

# A. TSP certifications are in effect for a time period specified by NRCS in the Certification Agreement not to exceed three years and automatically expire unless renewed through application by and approval of NRCS. Refer to 7 CFR Part 652, Subpart C -- Decertification for more detail (Exhibit 610.70 & Exhibit 610.71). The reference is located on-line at:

# B. TSPs can renew their certification in TechReg (http://techreg.usda.gov/) by:

# (1) Submitting a complete certification renewal application to NRCS or through a private sector entity, public agency, American Indian Tribe, or approved recommending organization to NRCS at least 60 days prior to expiration of the current certification;

# (2) Providing verification on the renewal form that the requirements of this part are met, and;

# (3) Agreeing to abide by the terms and conditions of a Certification Agreement.

# 610.26 Causes for Decertification

# State Conservationists or Directors, Pacific Basin or Caribbean Areas, in whose States/Territories a TSP is certified to provide technical services, may decertify the TSP for the following reasons:

# (1) Failure to meet NRCS standards and specifications while providing the technical services requested by the participant or USDA.

# (2) Violation of the terms of the Certification Agreement which may include but is not limited to a demonstrated lack of understanding of, or an unwillingness or inability to implement NRCS standards and specifications for a particular practice for which the TSP is certified, or the provision of technical services for which the TSP is not certified.

# (3) Engages in a scheme or device including, but not limited to coercion, fraud, misrepresentation, or providing incorrect or misleading information.

# (4) Any other cause of a serious or compelling nature as determined by NRCS that demonstrates the TSP\'s inability to fulfill the terms of the Certification Agreement in providing the technical service.

# 610.27 Decertification Process

# A. Notice of Proposed Decertification:

# (1) The State Conservationist or Director, Pacific Basin or Caribbean Area will send, by certified mail, return receipt requested, a written notice of proposed decertification to the TSP proposed for decertification. The notice contains (See Exhibit 610.8, Proposed Decertification Letter, of this Part.):

## (i) The cause(s) for decertification, and

## (ii) All documentation supporting decertification.

# (2) When a private sector entity or public agency is being notified of a proposed decertification, any certified individual(s) working under the auspices of such organization who are also being considered for decertification, will receive a separate notice of proposed decertification. The certified individual(s) will be afforded separate appeal rights following the process set forth below.

# B. Contesting a Notice of Decertification:

# (1) To contest a proposed decertification notice, the TSP must submit the reasons why the State Conservationist/Director, Pacific Basin or Caribbean Area should not decertify him/her in writing, including any mitigating factors as well as any supporting documentation.

# (2) The written challenge and documentation must be submitted to the State Conservationist within 20 calendar days from the date of receipt of the notice of proposed decertification.

# C. Determination by the State Conservationist/Director, Pacific Basin or Caribbean Area:

# (1) The State Conservationist or Area Director will issue a written determination within 40 days of the date of the notice of proposed decertification. A copy of the decision and the administrative record will be sent promptly by certified mail, return receipt requested, to the TSP.

# (2) The decertification determination will be based on an administrative record comprised of:

## (i) The notice of proposed decertification and all supporting documents, and

## (ii) The TSP\'s written response and supporting documentation.

# (3) If the State Conservationist/Director, Pacific Basin or Caribbean Area determines to decertify the TSP, the decision will include (See Exhibit 610.89, Proposed Decertification Letter and Exhibit 610.90, Decertification Letter.):

## (i) The reasons for the decertification,

## (ii) The period of decertification, and

## (iii) The scope of decertification.

# (4) If the State Conservationist or Director, Pacific Basin or Caribbean Area, determines not to decertify the TSP, written notice of the determination will be sent to the TSP.

# D. Appealing a Decertification Determination:

# (1) The TSP has 20 calendar days from the date of receipt of the State Conservationist\'s or Director\'s, Pacific Basin or Caribbean Area, determination to appeal the determination to the Chief of NRCS.

# (2) Any appeal by the TSP must be in writing.

# (3) An appeal of a decertification decision must state the reason(s) for the appeal and any arguments in support of those reasons.

# (4) If the TSP fails to appeal the decertification decision within 20 calendar days of the date of its receipt, the determination of the State Conservationist or Director, Pacific Basin or Caribbean Area, is final.

# E. Final Determination by the Chief of NRCS.

# (1) Within 30 calendar days of receipt of the TSP\'s written appeal, the Chief or his/her designee will make a final determination of decertification. The final determination will be based upon the administrative record and any additional information submitted to the Chief by the TSP.

# (2) The determination of the Chief or his/her designee is final and not subject to further administrative review.

# (3) The Chief\'s determination will include the reason(s) for decertification or for overturning a decertification determination, and if decertifying the TSP, the period and the scope of decertification.

# F. Period of Decertification.

# The period of decertification will not exceed three years in duration and will be decided by the decertifying official, the State Conservationist, Director, Pacific Basin or Caribbean Area, or the Chief, as applicable, based on all relevant facts and the seriousness of the reasons for decertification, mitigating factors, if any, and the following general guidelines:

+----------------------------------+----------------------------------+
| # (1) For fai                    | # A maximum perio                |
| lures in the provision of techni | d of three years decertification |
| cal service for which there are  |                                  |
| no mitigating factors, e.g., no  |                                  |
| remedial action taken by the TSP |                                  |
+----------------------------------+----------------------------------+
| # (2) For rep                    | # A maximum period of one t      |
| eated failures in the provision  | o two years decertification; and |
| of technical service for which t |                                  |
| here are mitigating factors, e.g |                                  |
| ., the TSP has taken remedial ac |                                  |
| tion to the satisfaction of NRCS |                                  |
+----------------------------------+----------------------------------+
| # (3) For a violation of ce      | #                                |
| rtification agreement terms, e.g | A period of one year or less, if |
| ., failure to possess technical  |  the TSP can master such compete |
| competency for a listed practice | ncy within a period of one year. |
+----------------------------------+----------------------------------+
|                                  |                                  |
+----------------------------------+----------------------------------+

# 610.28 Effect of Decertification

# A. NRCS will not make payment for any technical services provided by a decertified TSP during the period of decertification.

# B. NRCS will not procure the services of a decertified TSP during the period of decertification.

# C. NRCS will maintain a list of decertified TSPs and will remove decertified TSPs from the approved list.

# D. Decertification of a TSP in one State/Territory decertifies the provider in all States, the Pacific Basin Area and the Caribbean Area.

# E. A decertified TSP may apply to be certified in accordance with the certification provisions in this handbook as a new applicant after the period of decertification has expired.