TSP Legal Responsibilities and Liability

All technical services provided by Technical Service Providers must meet USDA/NRCS standards and specifications. NRCS will only pay a participant for the technical services provided in accordance with established NRCS standards, specifications and requirements. All Technical Service Providers must assume responsibility in writing for the particular technical service provided. All technical services must:

• be certified by NRCS or under an agreement or contract with NRCS in order to provide technical assistance directly to program participants.
• comply with applicable Federal, State, Tribal and local laws and requirements.
• be consistent with conservation program goals and objectives as relates to the conservation contract signed by the participant.
• incorporate practice alternatives that are cost effective and appropriate to addressing the resource concern.
• be responsible for all technical services provided by the TSP, including any costs damages, claims, liabilities, and judgments arising from past, present and future negligent or wrongful acts or omissions.
• be reported completely in the NRCS conservation tracking system. TSP Progress Reporting System

In addition:

• The Rhode Island NRCS is not a party to agreements between Farm Bill Participants and TSPs.
• It is the Farm Bill participant’s responsibility to ensure that the technical services acquired from a TSP meet NRCS specifications and program requirements. If NRCS specifications and program requirements are not met, NRCS will not reimburse the Farm Bill Participant for TSP services.
• Technical Service Providers are responsible for obtaining training necessary to obtain and maintain certification.
• Certified subcontractors may be used to complete conservation practices.
• Technical Service Providers my work with program participants to ensure appropriate approvals, authorities, rights. Permits and easements are obtained. NRCS is not responsible for providing or obtaining any of the above mentioned items.
• It is strongly recommended that TSPs carry errors and omissions liability insurance.
• The producer may provide his/her own personal information to the TSP. NRCS must have signed authorization from the producer to provide personal information. 
• TSPs may be subject to fines up to $10,000.00 and one year in prison if they release a producer’s personal, commercial, or financial information. The TSP may not cause substantial harm to the competitive position of the producer or impair the ability of NRCS to obtain similar, necessary information in the future.
• A TSP may be decertified if they do not abide by the requirements of the certification agreement.

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