Technical Service Provider Final Rule

The Technical Service Provider Final Rule (PDF) was released on November 29, 2004. The Final Rule details the process NRCS will follow to administer technical assistance through the certification of public and private Technical Service Providers (TSPs). The Rule ensures certified TSPs will deliver high quality technical services to producers and allows NRCS to decertify those who fail to meet these quality standards. 

The Final Rule contains significant changes in the manner in which TSPs are certified. 

NRCS has incorporated the following changes in the final rule:

1)   Each state will verify an applicant’s credentials and qualifications prior to certification. This will ensure that TSPs providing services directly to participants meet qualification criteria.

2)   The new liability language still provides adequate protection for NRCS and program participants while allowing TSPs to obtain Errors and Omissions insurance.

3)   NRCS separated TSP service acquisition into two separate processes. The first process is the direct acquisition of services by NRCS. The second is an indirect process where NRCS provides federal funds to reimburse the landowner for the cost of TSP services.

4)   Elimination of Cost share incentives.

5)   The addition of a specific requirement that says a participant must enter into a written agreement with NRCS before NRCS will pay a participant for technical services obtained prior to entering into a program agreement or contract. The written agreement is not the same as the program agreement or contract, and does not indicate that a person has been accepted into a Farm Bill program.

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