[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30667]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 4

[FAC 90-23; FAR Case 91-101; Item II]
RIN 9000-AF67


Federal Acquisition Regulation; Storage of Contract Files

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense 
Acquisition Regulations Council (DARC) have approved language in the 
Federal Acquisition Regulation (FAR) to permit the use of various media 
(paper, electronic, microfilm, etc.) for the storage of official 
contract files by contractors and contracting and contract 
administration offices. This regulatory action was not subject to 
Office of Management and Budget review under Executive Order 12866, 
dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 91-101.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR Subparts 4.7 and 4.8 are revised to permit contractors and 
agencies to retain contract files in any medium (paper, electronic, 
microfilm, etc.) or any combination of media as long as the 
requirements of FAR Subpart 4.8 are satisfied. We also changed the 
title of Subpart 4.8 from ``Contract Files'' to ``Government Contract 
Files'' to better describe the contents of the subpart. This change 
will permit contractors and the Government to minimize the space 
required for storage of contract files and will provide ease of 
handling and retrieval of the records.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, because the rule 
affects internal Government operating procedures in that it permits 
agencies to retain contract files in any medium (paper, electronic, 
microfilm, etc.) or any combination of media, as long as the 
requirements of FAR Subpart 4.8 are satisfied, and also allows 
contractors to adopt the same methods of storing contract files if they 
so desire. Publication for public comment is not required. Therefore, 
the Regulatory Flexibility Act does not apply. However, comments from 
small entities concerning the affected FAR subpart will be considered 
in accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and cite 5 U.S.C. 601, et seq., (FAC 90-23, FAR case 91-101) 
in correspondence.

C. Paperwork Reduction Act

    This rule does not impose any reporting or recordkeeping 
requirements or collection of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 4

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
    Therefore, 48 CFR part 4 is amended as set forth below:

PART 4--ADMINISTRATIVE MATTERS

    1. The authority citation for 48 CFR part 4 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 4.703 is amended by redesignating paragraph (d) as (e) 
and adding a new paragraph (d) to read as follows:


4.703   Policy.

* * * * *
    (d) Contractors may retain records in any medium (paper, 
electronic, microfilm, etc.) or any combination of media, as long as 
the requirements of this subpart are satisfied. The process used to 
create and store records must record and reproduce the original 
document, including signatures and other written or graphic images, 
completely, accurately, and clearly. Data transfer, storage, and 
retrieval procedures shall protect the original data from alteration.
* * * * *

Subpart 4.8--Government Contract Files

    3. The heading of Subpart 4.8 is revised to read as set forth 
above.
    4. Section 4.802 is amended by adding a new paragraph (f) to read 
as follows:


4.802   Contract files.

* * * * *
    (f) Agencies may retain contract files in any medium (paper, 
electronic, microfilm, etc.) or any combination of media, as long as 
the requirements of this subpart are satisfied.
    5. Section 4.805 is amended by--
    (a) revising the section heading;
    (b) redesignating the introductory paragraph as paragraph (a) and 
revising the text;
    (c) adding paragraph (b) before the table and (c) after the table;
    (d) removing from the table under the ``Document'' column paragraph 
(c), and redesignating paragraphs (a) through (n) as (b)(1) through 
(13), respectively; and paragraphs (n)(1) and (2) as (b)(13)(i) and 
(ii), respectively;
    (e) removing from newly-designated paragraph (b)(10) the reference 
``4.805(a)-(j)'' and inserting ``4.805(b)(1)-(9)'' in its place;
    (f) removing from newly-designated paragraph (b)(11) the reference 
``4.805(a)-(k)'' and inserting ``4.805(b)(1)-(10)'' in its place; and
    (g) removing from newly-designated paragraph (b)(1) under the 
``Retention Period'' column the words ``(b) through (n)'' and inserting 
``(b)(2) through (13)'' in their place.The revised text reads as 
follows:


4.805   Storage, handling, and disposal of contract files.

    (a) Agencies shall prescribe procedures for the handling, storing, 
and disposing of contract files. Such procedures shall take into 
account documents held in other than paper format, such as microfilm 
and various electronic media. The original medium on which the document 
was created may be changed to facilitate storage as long as the 
requirements of part 4, law and other regulations are satisfied. The 
process used to create and store records must record and reproduce the 
original document, including signatures and other written and graphic 
images completely, accurately, and clearly. Data transfer, storage, and 
retrieval procedures shall protect the original data from alteration. 
Unless law or other regulations require signed originals to be kept, 
they may be destroyed after the record copies on alternate media and 
copies reproduced from the record copy are verified to be accurate, 
complete and clear representations of the originals. Agency procedures 
for contract file disposal shall include provisions that the documents 
specified in paragraph (b) of this section shall not be destroyed 
before the times indicated. When original documents have been converted 
to alternate media for storage, the requirements in paragraph (b) of 
this section shall apply to the record copies on the alternate media 
instead of the original documents.
    (b) If administrative records are mixed with program records and 
cannot be economically segregated, the entire file should be kept for 
the period of time approved for the program records. Similarly, if 
documents, specified below, are part of a subject or case file which 
documents activities different from those specified below, they should 
be treated in the same manner as the files of which they are a part.
* * * * *
    (c) Documents listed in paragraph (b)(1) under ``Document'' shall 
not be destroyed until final clearance or settlement.

[FR Doc. 94-30667 Filed 12-27-94; 8:45 am]
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