# Federal Acquisition Regulation; Storage of Contract Files > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30667 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 28, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 6820-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30667. Public record. Not legal advice.