February 3, 2009

INDIANA BULLETIN NO. IN 300-9-3

SUBJECT:  LTP - Program Contracting System (PROTRACTS) Evaluations

Purpose:  To provide additional guidance on conducting Contract Reviews

Expiration Date:  September 30, 2009

Contract evaluation is the “follow-up” part of the conservation planning process. DCs will review contract implementation annually, adhering to policy set forth in 440 CPM, Part 512.55 (Contract Reviews).  AC’s will notify the State Conservationist by September 1, 2009, that all field offices have completed the review of their ProTracts contracts utilizing the “Contract Review Module” in Protracts for FY 2009, including completing all activities described below associated with contract reviews.

If all contract provisions are being followed and implementation is on schedule:

1. Document contract status in the contract review module in ProTracts by checking YES to the question “All other contract provisions met?”  No further action is necessary.

If the practice application is not on schedule or provisions of the contract are not being followed:

1. The NRCS  District Conservationist will review with the participant and document the specific cause of the potential contract violation findings in ProTracts on Form NRCS-CPA-13 (sample attached), citing the contractual basis for the potential violation ( 512.70 of the CPC). When contract items cannot be completed in the year scheduled but will be completed not later than one year after the originally planned year, a contract modification in Protracts will not be required to delay the practice.  This provision shall be noted on a formal contract review using form NRCS-CPA-13.
2. The contract review completed in ProTracts on NRCS-CPA-13, will be signed by the NRCS District Conservationist completing the review.  A copy will be provided to the participant, and the original will be placed in the contract folder.  DC’s will elevate “non-typical” situations to their respective Area Conservationist.
3. The DC will work with the participant(s) to resolve all issues and document all actions that need to be taken to complete the contract, including establishing a reasonable timeframe for the participant to comply with the contract provisions. Repeat modifications to reschedule practices are not allowed.  The DC will also provide to the participant, a notification of the consequences of failure by the participant to remedy the potential contract violation.
   The attached “Corrective Action Plan Covering Non-Compliance with Provisions of Contract” shall be used for this purpose in lieu of the NRCS-CPA-153, and it shall be signed by the District Conservationist, and the participant.  A copy will be provided to the participant, and the original will be placed in the contract folder.
4. If the participant cannot or will not complete the contract obligations as previously agreed to in the “Corrective Action Plan Covering Non-Compliance with Provisions of Contract”, follow the procedures established in CPC (512.57) and Indiana policy (IN Bulletin 300-9-2) to terminate the contract.  The participant may voluntarily request cancellation in writing using the process set up in Indiana Bulletin 300-9-2.

For more information contact Teresah P. Caire, Assistant State Conservationist for Programs, at 317-290-3200, ext. 3.

/s/ Gary L. Maners {Acting For}

JANE E. HARDISTY
State Conservationist

Attachments:
Contract Review NRCS-CPA-13  
Indiana Corrective Action Plan

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