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Rookie1102

Retention Time for Task Orders Against IDIQs

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There is a debate in our office about the retention time for task orders against our in house IDIQs. Some are saying they are stand alone orders and shall be destroyed after the specified time period of when the task order itself is complete. However, others are saying they must be kept with the master IDIQ file and not destroyed until the IDIQ has been closed out. I can't seem to find any information about this in the FAR. Does anybody have an answer?

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See FAR 4.805 - Storage, handling, and disposal of contract files. My practice was that once all the task orders were closed I would close the base IDIQ contract and use the retention period for contracts in FAR 4.805 - - 6 years and 3 months after final payment - - for the base contract and all task orders. The files (base contract and all task orders) would be sent to a records holding facility with the destroy date based on the 6 year 3 month period described. I hope this helps. You may want to check your Department/Agency FAR Supplement and local guidance as well since they may have longer period than the FAR.

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Our IDIQ started in Jan 2010 and we have task orders that are complete. Many were complete in 2010, 2011, etc. It sounds like you are telling me I can't destroy the task orders until the IDIQ is complete which isn't until 2015. So a task order that was complete in 2010 can't be destroyed until the last task order is complete and final payment has been received (plus the 6 year and 3 month retention) which won't be until 2015+, is that correct?

It seems to me the task order should be a stand alone document and we can stage the destroy date for 6 years and 3 months after final payment on the task order.

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Rookie1102,

It has been my experience that the task orders and the base contract are a unit, and the the retention period is for the contract AND its delivery orders as a whole. The only time I have seen anything contrary to that has been when a delivery/task order is awarded on a GSA schedule or external contract outside of the office awarding the order. I have never seen or heard of an office sending GSA or external award delivery/task order files to GSA or to another agency when those orders were closed out, so I believe those orders are treated as individual contracts.

This experience has seen some extreme cases, where it took a 40ft container to cart off a MSMO Vessel Maintenance ID/IQ contract off to the storage facility. The base contract took up one box, the task orders filled the balance of the container.

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It seems to me the task order should be a stand alone document and we can stage the destroy date for 6 years and 3 months after final payment on the task order.

If task orders were a stand alone item, why would you need the base IDIQ in order to issue it? Just something for you to think about. You can't have the task order without the base IDIQ.

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I'm speaking about the task order as a stand alone only with respect to the retention time. Why should I keep a task order that was complete in 2010 for 6 years and 3 months after the end of the IDIQ? Instead of keeping it until 2016 (plus 3 months), I'm supposed to keep it until 2021 (plus 3 months)? That seems like a total waste of space and file management. GSA orders are task orders and we don't keep them until 6 years, plus 3 months after then end of the GSA contract. We keep them 6 years, 3 months after the end of the task order.

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All TO/DOs issued under a base ID/IQ or Requirements contract must be closed out before the base contract can be closed out. The destruction date of all issued TO/DOs and the base contract is 6 years 3 months from the final payment date of the last completed TO/DO.

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Why not this?

As has been discussed in this forum extensively a task/delivery order is considered to be a separate contract. There is confusion on application of this conclusion with regard to certain elements of the FAR and this may be one of those areas. Ref:

Also from my read of the National Archives and Records Administration (NARA) General Records Schedule 3 and its history there has been no distinction made of contract versus task/delivery order, and the FAR simply repeats NARA direction.

In a quick read of agency supplements to the FAR, that included the DFARS and a couple of civilian agency supplements I found no deviation to the FAR language at 4.805.

Conclusion - The record retention period for a task order is as follows:

Task Order over $150,000 or if for construction and over $2000 ; retention period 6 years 3 months after final payment ; Ref. FAR 4.805.

Task Order under $150,000 or if for construction under $2000 ; retention period 3 years after final payment. Same reference.

NOTE: Per FAR 4.805 task orders could be retained longer "if the responsible agency official determines that the files have future value to the Government." For purposes of definition of "responsible agency official" one would have to look to their agency internal organization chart to determine who this individual is. By example in the Dept. of Commerce the individual is defined here - http://ocio.os.doc.gov/ITPolicyandPrograms/Policy___Standards/dev01_003750#P40_6846

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Why not this?

As has been discussed in this forum extensively a task/delivery order is considered to be a separate contract. There is confusion on application of this conclusion with regard to certain elements of the FAR and this may be one of those areas. Ref: http://www.wifcon.co...elivery-orders/

Also from my read of the National Archives and Records Administration (NARA) General Records Schedule 3 and its history there has been no distinction made of contract versus task/delivery order, and the FAR simply repeats NARA direction.

In a quick read of agency supplements to the FAR, that included the DFARS and a couple of civilian agency supplements I found no deviation to the FAR language at 4.805.

Conclusion - The record retention period for a task order is as follows:

Task Order over $150,000 or if for construction and over $2000 ; retention period 6 years 3 months after final payment ; Ref. FAR 4.805.

Task Order under $150,000 or if for construction under $2000 ; retention period 3 years after final payment. Same reference.

NOTE: Per FAR 4.805 task orders could be retained longer "if the responsible agency official determines that the files have future value to the Government." For purposes of definition of "responsible agency official" one would have to look to their agency internal organization chart to determine who this individual is. By example in the Dept. of Commerce the individual is defined here - http://ocio.os.doc.g...003750#P40_6846

The Department of Health and Human Services (HHS) has an opposing opinion to your first statement:

E. Closing task and delivery orders: Task and delivery orders are not considered to be individual contracts.

http://www.hhs.gov/asfr/ogapa/acquisition/contract-closeout-chapter3.html#Closingtask

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vc - Thanks. I looked over the HHS supplement to the FAR and one could conclude that the policy guide doesnot agree with the FAR and HHS supplement. By example this from HHSAR 304.803-70( B)(1) which states "(1) A complete contract or order file may consist of the following folders that are titled as indicated below for the specified acquisition methods:" and then "Task Order" is listed as a complete file.

Again I noted the opinion about TO/DO's being contracts does cause confusion with regard to application of other parts of the FAR. I am resigned to the fact that the HHS guide might add even more confusion in lieu of HHS just exercising the authority they have via FAR 4.805 where an agency can determine a longer retention time for a TO/DO that is not in excess of $150,000 ($2,000 for construction).

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Sorry for the late post - I have been busier than a bee these past few days. Vern - Further research suggests that each agency has their own records and files management instructions. I should not have spoken in such general terms in Post #9.

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