[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR652.5]

[Page 531-532]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 652_TECHNICAL SERVICE PROVIDER ASSISTANCE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 652.5  Participant acquisition of technical services.

    (a) Participants may obtain technical assistance directly from the 
Department or, when available, from a technical service provider.
    (b) To acquire technical assistance directly from the Department, 
participants should contact their local USDA Service Center.
    (c) To acquire technical services from a technical service provider, 
participants must:
    (1) Enter into and comply with a program contract or a written 
agreement prior to acquiring technical services; and
    (2) Select a certified technical service provider from the approved 
list of technical service providers.
    (d) The Department may approve written agreements for technical 
assistance prior to program participation based on available funding and 
natural resource priorities as identified by the State Conservationist.
    (e) The technical assistance indicated in paragraph (d) may include 
the development of conservation plans suitable for subsequent 
incorporation into a program contract.
    (f) The Department will identify in the particular program contract 
or written agreement the payment provisions for technical service 
providers hired directly by the participant.
    (g) To obtain payment for technical services, participants must 
submit to the Department valid invoices, supporting documentation, and 
requests for payment. The Department will issue payment within 30 days 
of receiving these items. The Department may pay a participant for some 
or all of the costs associated with the technical services provided by a 
technical service provider hired by the participant or, upon receipt of 
an assignment of payment from the participant, make payment directly to 
the technical service provider.
    (h) Participants must authorize in writing to the Department the 
disclosure of their records on file with the Department that they wish 
to make available to specific technical service providers.
    (i) Payments for technical services will be made only one time for 
the

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same technical service provided unless, as determined by the Department, 
the emergence of new technologies or major changes in the participant's 
farming or ranching operations necessitate the need for additional 
technical services.
    (j) Payment rates for technical services acquired by participants. 
(1) NRCS will establish payment rates by calculating not-to-exceed rates 
for technical services. NRCS will calculate not-to-exceed rates using 
price data that it may acquire through various sources that it deems 
reliable.
    (2) Establishing not-to-exceed payment rates. (i) NRCS will analyze 
the pricing information using a standardized methodology.
    (ii) Not-to-exceed payment rates will be established nationally on a 
State by State basis for categories of technical services.
    (iii) NRCS will coordinate payment rates between adjacent States to 
ensure consistency where similar resource conditions and agricultural 
operations exist. Payment rates may vary to some degree between States 
due to differences in State laws, the cost of doing business, 
competition, and other variables.
    (iv) NRCS will review payment rates annually, or more frequently as 
needed, and adjust the rates based upon data from existing procurement 
contracts, Federal cost rates, and other appropriate sources.
    (v) NRCS may adjust payment rates, as needed, 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, or major resource limitations. In these cases, NRCS will 
set a case-specific not-to-exceed payment rate based on the Department's 
determination of the scope, magnitude, and timeliness of the technical 
services needed.