[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]
[Page 36021-36023]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-26]
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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--
Amends FAR 4.705-2 and revises 4.805 to align the text
with the new NARA Schedule 3;
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
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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