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AL Bulletin 440-14-2

Date:  November 7, 2013

Subject:  PGM - Policy on Termination or Cancellation of EQIP/WHIP/AWEP/CSP Conservation Program Contracts

Purpose:   To provide instruction on termination or cancellation of program contracts.

Expiration Date:  September 30, 2014

In Alabama, we will use the form NRCS-CPA-153 “Agreement Covering Non-Compliance with Provisions of Contract” for all contract terminations.  For cancellation of a contract, the NRCS-CPA-153 and the CPC-AL-5 (or a letter of request from the participant) will be used. 

NRCS-CPA-153 must be initiated through ProTracts, not completed manually.

The District Conservationist (DC) will initiate the NRCS-CPA-153 or the program participant will initiate the CPC-AL-5 or provide a letter requesting cancellation and provide the following to the ASTC-FO for his approval. (Ref 512.57 Canceling and Terminating Contracts, in Conservation Program Contracting Manual). The ASTC-FO is delegated the authority to cancel and terminate all contracts that do not involve repayment of funds.

All contracts that do not meet this criteria (cancellation or termination without cost recovery) will be forwarded through the ASTC-FO to the state office, attention Steve Musser.

Cancellations

  1. Receive notification from the program participant requesting cancellation.  This may be by letter but can also be captured on the CPC-AL-5 as well.
     
  2. NRCS-CPA-153, completed by the DC. (See detailed instructions below).
     
  3. DC will print out and include “Payment History” from ProTracts to show if any funds have been expended from the contract.
     
  4. If any funds have been expended from the contract, the approving official will need a letter from the DC stating that the installed practices are still in place, will stand on their own, and will be maintained for the life span of the practice. If funds have been expended and the practices are not in place and will not be maintained, then show the amount to recover on NRCS-CPA-153. The State Conservationist can and will in most cases waive cost recovery and liquidated damage assessments that total $1,000 or less.

Instructions for the use of electronic form NRCS-CPA-153 for cancellation:

  1. Open ProTracts/Contracts/Contract Reviews
  2. Select program, fiscal year, and review year
  3. Check contracts not on schedule
  4. Choose all contracts reviewed and/or not reviewed (or enter specific contract number)
  5. Select county (if manage more than one)
  6. Click "Go"
  7. Highlight the Contract (yellow)
  8. Select the Forms tab in the middle of the screen
  9. Choose the NRCS-CPA-153
  10. Important: Because this is a cancellation, check “Does not warrant termination of contract” 
  11. Under “details of non-compliance” explain reason for cancellation.
  12. Click Save and then Print Form.
  13. Warning: No undo after save is clicked!!
  14. Complete form and forward to ASTC-FO for signature.

Terminations

  1. The NRCS-CPA-153 will be initiated through ProTracts (see above instructions) to be completed by the DC.
  2. Check one of the boxes in item 2 on the NRCS-CPA-153.
  3. Print out “Payment History” from ProTracts to show if funds have been expended.
  4. If any funds have been expended from the contract a letter must be provided from the DC stating that the installed practices are still in place, will stand on their own, and will be maintained for the life span of the practice. If any funds have been expended and the practices have been destroyed or will not be maintained then fill out the NRCS-CPA-153 recommending the amount of funds to be paid back as cost recovery.  The State Conservationist can and will in most cases waive cost recovery and liquidated damage assessments that total $1,000 or less. 
  5. DC sends a letter to the participant notifying them of their appeal rights (See attached letter.  Additional guidance will be forthcoming in a Contract Management Bulletin).
  6. The District Conservationist (DC) will initiate the NRCS-CPA-153 or CPC-AL-5 and provide the following to the ASTC-FO if no recovery of funds is involved. (Ref 512.57 Canceling and Terminating Contracts, in Conservation Program Contracting Manual). All related documentation will be forwarded through the ASTC-FO to the attention of Steve Musser, in the state office.

If you have questions regarding this bulletin, contact Steve.Musser@al.usda.gov, or 334-887-4503.

/s/

Dr. WILLIAM E. PUCKETT
State Conservationist

Attachments:  CPC-AL-5, Final Determination Letter

 

 

Dist: E