(a) Agencies must prescribe procedures for the handling, storing, and disposing of contract files. These procedures must take into account documents held in all types of media, including microfilm and various electronic media. Agencies may change the original medium 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 must protect the original data from alteration. Unless law or other regulations require signed originals to be kept, they may be destroyed after the responsible agency official verifies that record copies on alternate media and copies reproduced from the record copy are accurate, complete, and clear representations of the originals. Agency procedures for contract file disposal must include provisions that the documents specified in paragraph (b) of this section may not be destroyed before the times indicated, and may be retained longer if the responsible agency official determines that the files have future value to the Government. When original documents have been converted to alternate media for storage, the requirements in paragraph (b) of this section also apply to the record copies in the alternate media.
(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 described in the following table are part of a subject or case file that documents activities that are not described in the table, they should be treated in the same manner as the files of which they are a part. The retention periods for acquisitions at or below the simplified acquisition threshold also apply to acquisitions conducted prior to July 3, 1995, that used small purchase procedures. The retention periods for acquisitions above the simplified acquisition threshold also apply to acquisitions conducted prior to July 3, 1995, that used other than small purchase procedures. ------------------------------------------------------------------------
(1) Records pertaining to Contract 6 years and 3 months after
Disputes statute actions. final action or decision
for files created prior to
October 1, 1979. 1 year
after final action or
decision for files created
on or after October 1,
1979.------------------------------------------------------------------------
(2) Contracts (and related records or 6 years and 3 months after
documents, including successful final payment.
proposals) exceeding the simplified
acquisition threshold for other than
construction.------------------------------------------------------------------------(3) Contracts (and related records or 3 years after final payment.
documents, including successful
proposals) at or below the simplified
acquisition threshold for other than
construction.------------------------------------------------------------------------(4) Construction contracts:
(i) Above $2,000...................... 6 years and 3 months after
final payment.------------------------------------------------------------------------
(ii) $2,000 or less................... 3 years after final payment.------------------------------------------------------------------------
(iii) Related records or documents, Same as contract file.
including successful proposals,
except for contractor's payrolls (see
(b)(4)(iv)).------------------------------------------------------------------------
(4)(iv)).------------------------------------------------------------------------
(iv)).------------------------------------------------------------------------
(iv) Contractor's payrolls submitted 3 years after contract
in accordance with Department of completion unless contract
Labor regulations, with related performance is the subject
certifications, anti-kickback of an enforcement action on
affidavits, and other related papers. that date.------------------------------------------------------------------------(5) Solicited and unsolicited unsuccessful
offers, quotations, bids, and proposals:
(i) Relating to contracts above the If filed separately from
simplified acquisition threshold. contract file, until
contract is completed.
Otherwise, the same as
related contract file.------------------------------------------------------------------------
(ii) Relating to contracts at or below 1 year after date of award
the simplified acquisition threshold. or until final payment,
whichever is later.------------------------------------------------------------------------(6) Files for canceled solicitations...... 5 years after cancellation.------------------------------------------------------------------------(7) Other copies of procurement file Upon termination or
records used by component elements of a completion.
contracting office for administrative
purposes.------------------------------------------------------------------------(8) Documents pertaining generally to the Until superseded or
contractor as described at 4.801(c)(3). obsolete.------------------------------------------------------------------------(9) Data submitted to the Federal 5 years after submittal to
Procurement Data System (FPDS). FPDS.
Electronic data file maintained by fiscal
year, containing unclassified records of
all procurements other than simplified
acquisitions, and information required
under 4.603.------------------------------------------------------------------------(10) Investigations, cases pending or in Until final clearance or
litigation (including protests), or settlement, or, if related
similar matters. to a document identified in
(b)(1)-(9), for the
(1)-(9), for the
retention period specified
for the related document,
whichever is later.------------------------------------------------------------------------ [65 FR 36022, June 6, 2000, as amended at 73 FR 21778, Apr. 22, 2008; 79 FR 24197, Apr. 29, 2014]
Subpart 4.9_Taxpayer Identification Number Information
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
Source: 63 FR 58589, Oct. 30, 1998, unless otherwise noted.