[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 36021-36023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13820]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 4

[FAC 97-18; FAR Case 1999-615; Item IV]
RIN 9000-AI77


Federal Acquisition Regulation; General Records Schedules

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 and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement the 
revised National Archives and Records Administration General Records 
Schedule 3, Procurement, Supply, and Grants Records (NARA Schedule 3), 
dated December 15, 1998.

DATES: Effective Date: August 7, 2000.
    Applicability Date: The FAR, as amended by this rule, is applicable 
to solicitations issued on or after August 7, 2000.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS

[[Page 36022]]

Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Linda K. Nelson, Procurement Analyst, at (202) 
501-1900. Please cite FAC 97-18, FAR case 1999-615.

SUPPLEMENTARY INFORMATION:

A. Background

    The intent of the update was to align the FAR text with the revised 
NARA Schedule 3.
    The rule--
    <bullet> Amends FAR 4.705-2 and revises 4.805 to align the text 
with the new NARA Schedule 3;
    <bullet> Revises and rearranges the table at FAR 4.805(b) to group 
similar types of contract instruments together (e.g., construction 
contracts and related case files, and unsuccessful offers and 
proposals); and
    <bullet> Reorganizes and revises the FAR text for ease of use. The 
rule is written using plain language in accordance with the White House 
memorandum, Plain Language in Government Writing, dated June 1, 1999.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

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, and publication 
for public comments is not required. However, the Councils will 
consider comments from small entities concerning the affected FAR 
subpart in accordance with 5 U.S.C. 610. Interested parties must submit 
such comments separately and should cite 5 U.S.C. 601, et seq. (FAC 97-
18, FAR case 1999-615), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA amend 48 CFR part 4 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. Amend section 4.705-2 by revising the section heading and 
paragraph (a) to read as follows:


4.705-2  Construction contracts pay administration records.

    (a) Payroll sheets, registers, or their equivalent, of salaries and 
wages paid to individual employees for each payroll period; change 
slips; and tax withholding statements: Retain 3 years after completion 
of contract, unless contract performance is the subject of enforcement 
action.
* * * * *

    3. Revise section 4.800 to read as follows:


4.800  Scope of subpart.

    This subpart prescribes requirements for establishing, maintaining, 
and disposing of contract files.

    4. Revise section 4.805 to read as follows:


4.805  Storage, handling, and disposal of contract files.

    (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.

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                 Document                         Retention period
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(1) Records pertaining to Contract          6 years and 3 months after
 Disputes Act 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.
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(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.
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(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.
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(4) Construction contracts:
    (i) Above $2,000......................   6 years and 3 months after
                                             final payment.
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    (ii) $2,000 or less...................   3 years after final
                                             payment.
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[[Page 36023]]

 
    (iii) Related records or documents,      Same as contract file.
     including successful proposals,
     except for contractor's payrolls (see
     (b)(4)(iv)).
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    (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.
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(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.
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    (ii) Relating to contracts at or below  1 year after date of award
     the simplified acquisition threshold.   or until final payment,
                                             whichever is later.
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(6) Files for canceled solicitations......  5 years after cancellation.
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(7) Other copies of procurement file        Upon termination or
 records used by component elements of a     completion.
 contracting office for administrative
 purposes.
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(8) Documents pertaining generally to the   Until superseded or
 contractor as described at 4.801(c)(3).     obsolete.
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(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 4.601.
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(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
                                             retention period specified
                                             for the related document,
                                             whichever is later.
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[FR Doc. 00-13820 Filed 6-1-00; 4:00 pm]
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