48 C.F.R. PART 4—ADMINISTRATIVE MATTERS
Title 48 - Federal Acquisition Regulations System
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
Source: 48 FR 42113, Sept. 19, 1983, unless otherwise noted.
This part prescribes policies and procedures relating to the administrative aspects of contract execution, contractor-submitted paper documents, distribution, reporting, retention, and files. [60 FR 28493, May 31, 1995] Only contracting officers shall sign contracts on behalf of the United States. The contracting officer's name and official title shall be typed, stamped, or printed on the contract. The contracting officer normally signs the contract after it has been signed by the contractor. The contracting officer shall ensure that the signer(s) have authority to bind the contractor (see specific requirements in 4.102 of this subpart). [60 FR 34736, July 3, 1995] (a) Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words “, an individual doing business as ___________” [insert name of firm]. (b) Partnerships. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership. (c) Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation. (d) Joint venturers. A contract with joint venturers may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture. (e) Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer. [48 FR 42113, Sept. 19, 1983, as amended at 62 FR 235, Jan. 2, 1997] The contracting officer shall insert the clause at 52.204–1, Approval of Contract, in solicitations and contracts if required by agency procedures. [49 FR 26741, June 29, 1984] Contracting officers shall distribute copies of contracts or modifications within 10 working days after execution by all parties. As a minimum, the contracting officer shall— (a) Distribute simultaneously one signed copy or reproduction of the signed contract to the contractor and the paying office; (b) When a contract is assigned to another office for contract administration (see subpart 42.2), provide to that office— (1) One copy or reproduction of the signed contract and of each modification; and (2) A copy of the contract distribution list, showing those offices that should receive copies of modifications, and any changes to the list as they occur; (c) Distribute one copy to each accounting and finance office (funding office) whose funds are cited in the contract; (d) When the contract is not assigned for administration but contains a Cost Accounting Standards clause, provide one copy of the contract to the cognizant administrative contracting officer and mark the copy “FOR COST ACCOUNTING STANDARDS ADMINISTRATION ONLY” (see 30.601(b)); (e) Provide one copy of each contract or modification that requires audit service to the appropriate field audit office listed in the “Directory of Federal Contract Audit Offices” (copies of this directory can be ordered from the U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402, referencing stock numbers 008–007–03189–9 and 008–007–03190–2 for Volumes I and II, respectively); and (f) Provide copies of contracts and modifications to those organizations required to perform contract administration support functions (e.g., when manufacturing is performed at multiple sites, the contract administration office cognizant of each location). [48 FR 42113, Sept. 19, 1983, as amended at 60 FR 34736, July 3, 1995] Agencies shall limit additional distribution requirements to the minimum necessary for proper performance of essential functions. When contracts are assigned for administration to a contract administration office located in an agency different from that of the contracting office (see part 42), the two agencies shall agree on any necessary distribution in addition to that prescribed in 4.201 above. (a) If the contractor has furnished a Taxpayer Identification Number (TIN) when completing the solicitation provision at 52.204–3, Taxpayer Identification, or paragraph (b) of the solicitation provision at 52.212–3, Offeror Representations and Certifications—Commercial Items, the contracting officer shall, unless otherwise provided in agency procedures, attach a copy of the completed solicitation provision as the last page of the copy of the contract sent to the payment office. (b) If the TIN or type of organization is derived from a source other than the provision at 52.204–3 or 52.212–3(b), the contracting officer shall annotate the last page of the contract or order forwarded to the payment office to state the contractor's TIN and type of organization, unless this information is otherwise provided to the payment office in accordance with agency procedures. (c) If the contractor provides its TIN or type of organization to the contracting officer after award, the contracting officer shall forward the information to the payment office within 7 days of its receipt. (d) Federal Supply Schedule contracts. Each contracting officer that places an order under a Federal Supply Schedule contract (see Subpart 8.4) shall provide the TIN and type of organization information to the payment office in accordance with paragraph (b) of this section. (e) Basic ordering agreements and indefinite-delivery contracts (other than Federal Supply Schedule contracts). (1) Each contracting officer that issues a basic ordering agreement or indefinite-delivery contract (other than a Federal Supply Schedule contract) shall provide to contracting officers placing orders under the agreement or contract (if the contractor is not required to provide this information to a central contractor registration database)— (i) A copy of the agreement or contract with a copy of the completed solicitation provision at 52.204–3 or 52.212–3(b) as the last page of the agreement or contract; or (ii) The contractor's TIN and type of organization information. (2) Each contracting officer that places an order under a basic ordering agreement or indefinite-delivery contract (other than a Federal Supply Schedule contract) shall provide the TIN and type of organization information to the payment office in accordance with paragraph (a) or (b) of this section. [63 FR 58588, Oct. 30, 1998, as amended at 68 FR 56672, Oct. 1, 2003] This subpart provides policies and procedures on contractor-submitted paper documents. [60 FR 28493, May 31, 1995] Printed or copied double-sided, as used in this subpart, means printing or reproducing a document so that information is on both sides of a sheet of paper. [65 FR 36017, June 6, 2000] When electronic commerce methods (see 4.502) are not being used, a contractor should submit paper documents to the Government relating to an acquisition printed or copied double-sided on recycled paper whenever practicable. If the contractor cannot print or copy double-sided, it should print or copy single-sided on recycled paper. [65 FR 36017, June 6, 2000] Insert the clause at 52.204–4, Printed or Copied Double-Sided on Recycled Paper, in solicitations and contracts that exceed the simplified acquisition threshold. [65 FR 36017, June 6, 2000] (a) Executive Order 12829, January 6, 1993 (58 FR 3479, January 8, 1993), entitled “National Industrial Security Program” (NISP), establishes a program to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government. Executive Order 12829 amends Executive Order 10865, February 20, 1960 (25 FR 1583, February 25, 1960), entitled “Safeguarding Classified Information Within Industry,” as amended by Executive Order 10909, January 17, 1961 (26 FR 508, January 20, 1961). (b) The National Industrial Security Program Operating Manual (NISPOM) incorporates the requirements of these Executive Orders. The Secretary of Defense, in consultation with all affected agencies and with the concurrence of the Secretary of Energy, the Chairman of the Nuclear Regulatory Commission, and the Director of Central Intelligence, is responsible for issuance and maintenance of this Manual. The following DOD publications implement the program: (1) National Industrial Security Program Operating Manual (NISPOM) (DOD 5220.22–M). (2) Industrial Security Regulation (ISR) (DOD 5220.22–R). (c) Procedures for the protection of information relating to foreign classified contracts awarded to U.S. industry, and instructions for the protection of U.S. information relating to classified contracts awarded to foreign firms, are prescribed in Chapter 10 of the NISPOM. (d) Part 27, Patents, Data, and Copyrights, contains policy and procedures for safeguarding classified information in patent applications and patents. [48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996] (a) Presolicitation phase. Contracting officers shall review all proposed solicitations to determine whether access to classified information may be required by offerors, or by a contractor during contract performance. (1) If access to classified information of another agency may be required, the contracting officer shall— (i) Determine if the agency is covered by the NISP; and (ii) Follow that agency's procedures for determining the security clearances of firms to be solicited. (2) If the classified information required is from the contracting officer's agency, the contracting officer shall follow agency procedures. (b) Solicitation phase. Contracting officers shall— (1) Ensure that the classified acquisition is conducted as required by the NISP or agency procedures, as appropriate; and (2) Include (i) an appropriate Security Requirements clause in the solicitation (see 4.404), and (ii) as appropriate, in solicitations and contracts when the contract may require access to classified information, a requirement for security safeguards in addition to those provided in the clause (52.204–2, Security Requirements). (c) Award phase. Contracting officers shall inform contractors and subcontractors of the security classifications and requirements assigned to the various documents, materials, tasks, subcontracts, and components of the classified contract as follows: (1) Agencies covered by the NISP shall use the Contract Security Classification Specification, DD Form 254. The contracting officer, or authorized representative, is the approving official for the form and shall ensure that it is prepared and distributed in accordance with the ISR. (2) Contracting officers in agencies not covered by the NISP shall follow agency procedures. [48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996] (a) The contracting officer shall insert the clause at 52.204–2, Security Requirements, in solicitations and contracts when the contract may require access to classified information, unless the conditions specified in paragraph (d) below apply. (b) If a cost contract (see 16.302) for research and development with an educational institution is contemplated, the contracting officer shall use the clause with its Alternate I. (c) If a construction or architect-engineer contract where employee identification is required for security reasons is contemplated, the contracting officer shall use the clause with its Alternate II. (d) If the contracting agency is not covered by the NISP and has prescribed a clause and alternates that are substantially the same as those at 52.204–2, the contracting officer shall use the agency-prescribed clause as required by agency procedures. [48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996] Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
Source: 63 FR 58592, Oct. 30, 1998, unless otherwise noted.
This subpart provides policy and procedures for the establishment and use of electronic commerce in Federal acquisition as required by Section 30 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 426). (a) The Federal Government shall use electronic commerce whenever practicable or cost-effective. The use of terms commonly associated with paper transactions (e.g., “copy,” “document,” “page,” “printed,” “sealed envelope,” and “stamped”) shall not be interpreted to restrict the use of electronic commerce. Contracting officers may supplement electronic transactions by using other media to meet the requirements of any contract action governed by the FAR (e.g., transmit hard copy of drawings). (b) Agencies may exercise broad discretion in selecting the hardware and software that will be used in conducting electronic commerce. However, as required by Section 30 of the OFPP Act (41 U.S.C. 426), the head of each agency, after consulting with the Administrator of OFPP, shall ensure that systems, technologies, procedures, and processes used by the agency to conduct electronic commerce— (1) Are implemented uniformly throughout the agency, to the maximum extent practicable; (2) Are implemented only after considering the full or partial use of existing infrastructures, (e.g., the Federal Acquisition Computer Network (FACNET)); (3) Facilitate access to Government acquisition opportunities by small business concerns, small disadvantaged business concerns, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns; (4) Include a single means of providing widespread public notice of acquisition opportunities through the Governmentwide point of entry and a means of responding to notices or solicitations electronically; and (5) Comply with nationally and internationally recognized standards that broaden interoperability and ease the electronic interchange of information, such as standards established by the National Institute of Standards and Technology. (c) Before using electronic commerce, the agency head shall ensure that the agency systems are capable of ensuring authentication and confidentiality commensurate with the risk and magnitude of the harm from loss, misuse, or unauthorized access to or modification of the information. (d) Agencies may accept electronic signatures and records in connection with Government contracts. [63 R 58592, Oct. 30, 1998, as amended at 66 FR 27409, May 16, 2001; 68 FR 28094, May 22, 2003; 70 FR 14954, Mar. 23, 2005] This subpart prescribes uniform reporting requirements for the Federal Procurement Data System (FPDS). (a) Each executive agency shall establish and maintain for a period of 5 years a computer file, by fiscal year, containing unclassified records of all procurements exceeding $25,000. This file shall be accessible to the public using FPDS-NG. (b) With respect to each procurement carried out using competitive procedures, agencies shall be able to access from the computer file, as a minimum, the following information: (1) The date of contract award. (2) Information identifying the source to whom the contract was awarded. (3) The property or services obtained by the Government under the procurement. (4) The total cost of the procurement. (5) Those procurements which result in the submission of a single bid or proposal so that they can be separately categorized and designated noncompetitive procurements using competitive procedures. (c) In addition to paragraph (b) of this section with respect to each procurement carried out using procedures other than competitive procedures, agencies shall be able to access— (1) The reason under subpart 6.3 for the use of such procedures; and (2) The identity of the organization or activity which conducted the procurement. (d) In addition to the information described in paragraphs (b) and (c) of this section, for procurements in excess of $25,000, agencies shall be able to access information on the following: (1) Awards to small disadvantaged businesses using either set-asides or full and open competition. (2) Awards to business concerns owned and controlled by women. (3) The number of offers received in response to a solicitation. (4) Task or delivery order contracts. (5) Contracts for the acquisition of commercial items. (6) Contracts or task orders treated as commercial items pursuant to 12.102(g). (e) In addition to the information described in paragraphs (b), (c), and (d) of this section, agencies must be able to access information from the computer file to identify bundled contracts with a total contract value, including all options, exceeding $5,000,000. (f) Agencies must transmit this information to the Federal Procurement Data System in accordance with its procedures. [50 FR 52429, Dec. 23, 1985, as amended at 52 FR 19802, May 27, 1987; 60 FR 42653, Aug. 16, 1995; 64 FR 72442, Dec. 27, 1999; 68 FR 69249, Dec. 11, 2003; 69 FR 34227, June 18, 2004] (a) The FPDS provides a comprehensive mechanism for assembling, organizing, and presenting contract placement data for the Federal Government. Federal agencies will now report data directly to the Federal Procurement Data System—Next Generation (FPDS-NG), which collects, processes, and disseminates official statistical data on Federal contracting. The data provide— (1) A basis for recurring and special reports to the President, the Congress, the General Accounting Office, Federal executive agencies, and the general public; (2) A means of measuring and assessing the impact of Federal contracting on the Nation's economy and the extent to which small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business concerns are sharing in Federal contracts; and (3) Information for other policy and management control purposes, and for public access. (b) The FPDS Web site, https://www.fpds.gov, provides instructions for submitting data. It also provides a complete list of departments, agencies, and other entities that submit data to the FPDS, as well as technical and end-user guidance, and a computer-based tutorial. (c)(1) Data collection points in each agency shall submit FPDS-required data on contract actions directly to FPDS-NG. Agencies must report all transactions over $2,500 and modifications to those transactions regardless of dollar value. (2) Agencies participating under the Small Business Competitiveness Demonstration Program (see Subpart 19.10) shall report as an individual contract action all awards, regardless of dollar value, in the designated industry groups. (3) Agencies may choose to report transactions at or below $2,500, including those made using the Governmentwide commercial purchase card, except as provided in paragraph (c)(2) of this section. (4) Until September 30, 2004, agencies shall report contract actions between $2,500 and $25,000 either in individual or summary form. After September 30, 2004, agencies shall submit only individual contract action reports. (d) The contracting officer must identify and report (if it is not pre-populated by the Central Contractor Registration (CCR) database), a Contractor Identification Number for each successful offeror. A Data Universal Numbering System (DUNS) number, which is a nine-digit number assigned by Dun and Bradstreet Information Services to an establishment, is the Contractor Identification Number for Federal contractors. The DUNS number reported must identify the successful offeror's name and address exactly as stated in the offer and resultant contract. The contracting officer must ask the offeror to provide its DUNS number by using either the provision prescribed in paragraph (a) of 4.603 or the FAR clause prescribed at 4.1104. If the successful offeror does not provide its number, the contracting officer must contact the offeror and assist them in obtaining the DUNS number. (e) Unique Procurement Instrument Identifier (PIID). (1) The FPDS requires that each reporting agency assign a unique identifier for every contract, purchase order, BOA, Basic Agreement, and BPA reported to FPDS. Such identifiers shall comply with the contract numbering guidelines established by the Joint Financial Management Improvement Project. The PIID shall consist of alpha characters in the first positions to indicate the agency, followed by alphanumeric characters identifying bureau, offices, or other administrative subdivisions. The last portion of the PIID shall be numbered sequentially. The PIID may include other elements, as appropriate, such as fiscal year. Delivery orders, task orders, and call numbers must be unique in combination with the basic reference contract vehicle identifier. When the basic reference contract is available for multi-agency use (GWAC, Federal Supply Schedule contract, etc.), an ordering agency shall use the same agency identification prefix for its delivery orders, task orders, and call numbers as it uses for its contractual instruments. (2) Agencies are required to have in place, no later than October 1, 2003, a process that will ensure that each PIID reported to FPDS is unique, Governmentwide, and will remain so for at least 20 years from the date of contract award. To eliminate the possibility of duplication between agencies, agencies must submit their proposed identifier to the Federal Procurement Data Center, which will maintain a registry of the identifiers on the FPDC website and validate their use in all transactions. [48 FR 42113, Sept. 19. 1983. Redesignated at 50 FR 52429, Dec. 23, 1985, and amended at 54 FR 29280, July 11, 1989; 53 FR 43388, Oct. 26, 1988; 55 FR 52788, Dec. 21, 1990; 56 FR 41744, Aug. 22, 1991; 57 FR 60572, Dec. 21, 1992; 60 FR 48259, Sept. 18, 1995; 61 FR 67412, Dec. 20, 1996; 62 FR 40236, July 25, 1997; 65 FR 60544, Oct. 11, 2000; 68 FR 56680, Oct. 1, 2003; 68 FR 69249, Dec. 11, 2003] (a) Insert the provision at 52.204–6, Data Universal Numbering System (DUNS) Number, in solicitations that— (1) Are expected to result in a requirement for the generation of an individual contract action report (see 4.602(c)); and (2) Do not contain the clause at 52.204–7, Central Contractor Registration. (b) Insert the provision at 52.204–5, Women-Owned Business (Other Than Small Business), in solicitations that— (1) Are not set aside for small business concerns; (2) Exceed the simplified acquisition threshold; and (3) Are for contracts that will be performed in the United States or its outlying areas. [61 FR 67412, Dec. 20, 1996, as amended at 63 FR 9050, Feb. 23, 1998; 64 FR 10532, Mar. 4, 1999; 68 FR 28080, May 22, 2003; 68 FR 56672, Oct. 1, 2003; 68 FR 69249, Dec. 11, 2003] This subpart provides policies and procedures for retention of records by contractors to meet the records review requirements of the Government. In this subpart, the terms “contracts” and “contractors” include “subcontracts” and “subcontractors.” The purpose of this subpart is to generally describe records retention requirements and to allow reductions in the retention period for specific classes of records under prescribed circumstances. (a) This subpart applies to records generated under contracts that contain one of the following clauses: (1) Audit and Records—Sealed Bidding (52.214–26). (2) Audit and Records—Negotiation (52.215–2). (b) This subpart is not mandatory on Department of Energy contracts for which the Comptroller General allows alternative records retention periods. Apart from this exception, this subpart applies to record retention periods under contracts that are subject to Chapter 137, Title 10, U.S.C., or 40 U.S.C. 101, et seq. [48 FR 42113, Sept. 19, 1983, as amended at 50 FR 1727, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 60 FR 42650, Aug. 16, 1995; 60 FR 48211, Sept. 18, 1995; 62 FR 258, Jan. 2, 1997; 70 FR 57454, Sept. 30, 2005] (a) Except as stated in 4.703(b), contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General for (1) 3 years after final payment or, for certain records, (2) the period specified in 4.705 through 4.705–3, whichever of these periods expires first. (b) Contractors shall make available the foregoing records and supporting evidence for a longer period of time than is required in 4.703(a) if— (1) A retention period longer than that cited in 4.703(a) is specified in any contract clause; or (2) The contractor, for its own purposes, retains the foregoing records and supporting evidence for a longer period. Under this circumstance, the retention period shall be the period of the contractor's retention or 3 years after final payment, whichever period expires first. (3) The contractor does not meet the original due date for submission of final indirect cost rate proposals specified in subparagraph (d)(2) of the clause at 52.216–7, Allowable Cost and Payment, and subparagraph (c)(2) of the clause at 52.216–13, Allowable Cost and Payment—Facilities. Under these circumstances, the retention periods in 4.705 shall be automatically extended one day for each day the proposal is not submitted after the original due date. (c) Nothing in this section shall be construed to preclude a contractor from duplicating or storing original records in electronic form unless they contain significant information not shown on the record copy. Original records need not be maintained or produced in an audit if the contractor or subcontractor provides photographic or electronic images of the original records and meets the following requirements: (1) The contractor or subcontractor has established procedures to ensure that the imaging process preserves accurate images of the original records, including signatures and other written or graphic images, and that the imaging process is reliable and secure so as to maintain the integrity of the records. (2) The contractor or subcontractor maintains an effective indexing system to permit timely and convenient access to the imaged records. (3) The contractor or subcontractor retains the original records for a minimum of one year after imaging to permit periodic validation of the imaging systems. (d) If the information described in paragraph (a) of this section is maintained on a computer, contractors shall retain the computer data on a reliable medium for the time periods prescribed. Contractors may transfer computer data in machine readable form from one reliable computer medium to another. Contractors' computer data retention and transfer procedures shall maintain the integrity, reliability, and security of the original computer data. Contractors shall also retain an audit trail describing the data transfer. For the record retention time periods prescribed, contractors shall not destroy, discard, delete, or write over such computer data. [48 FR 42113, Sept. 19, 1983, as amended at 51 FR 2649, Jan. 17, 1986; 53 FR 43388, Oct. 26, 1988; 54 FR 48982, Nov. 28, 1989; 59 FR 67015, Dec. 28, 1994; 60 FR 42650, Aug. 16, 1995; 62 FR 64915, Dec. 9, 1997] (a) The retention periods in 4.705 are calculated from the end of the contractor's fiscal year in which an entry is made charging or allocating a cost to a Government contract or subcontract. If a specific record contains a series of entries, the retention period is calculated from the end of the contractor's fiscal year in which the final entry is made. The contractor should cut off the records in annual blocks and retain them for block disposal under the prescribed retention periods. (b) When records generated during a prior contract are relied upon by a contractor for cost or pricing data in negotiating a succeeding contract, the prescribed periods shall run from the date of the succeeding contract. (c) If two or more of the record categories described in 4.705 are interfiled and screening for disposal is not practical, the contractor shall retain the entire record series for the longest period prescribed for any category of records. The contractor shall retain the records identified in 4.705–1 through 4.705–3 for the periods designated, provided retention is required under 4.702. Records are identified in this subpart in terms of their purpose or use and not by specific name or form number. Although the descriptive identifications may not conform to normal contractor usage or filing practices, these identifications apply to all contractor records that come within the description. (a) Accounts receivable invoices, adjustments to the accounts, invoice registers, carrier freight bills, shipping orders, and other documents which detail the material or services billed on the related invoices: Retain 4 years. (b) Material, work order, or service order files, consisting of purchase requisitions or purchase orders for material or services, or orders for transfer of material or supplies: Retain 4 years. (c) Cash advance recapitulations, prepared as posting entries to accounts receivable ledgers for amounts of expense vouchers prepared for employees' travel and related expenses: Retain 4 years. (d) Paid, canceled, and voided checks, other than those issued for the payment of salary and wages: Retain 4 years. (e) Accounts payable records to support disbursements of funds for materials, equipment, supplies, and services, containing originals or copies of the following and related documents: remittance advices and statements, vendors' invoices, invoice audits and distribution slips, receiving and inspection reports or comparable certifications of receipt and inspection of material or services, and debit and credit memoranda: Retain 4 years. (f) Labor cost distribution cards or equivalent documents: Retain 2 years. (g) Petty cash records showing description of expenditures, to whom paid, name of person authorizing payment, and date, including copies of vouchers and other supporting documents: Retain 2 years. (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 4 years. (b) Clock cards or other time and attendance cards: Retain 2 years. (c) Paid checks, receipts for wages paid in cash, or other evidence of payments for services rendered by employees: Retain 2 years. [48 FR 42113, Sept. 19, 1983, as amended at 65 FR 36022, June 6, 2000; 67 FR 70517, Nov. 22, 2002] (a) Store requisitions for materials, supplies, equipment, and services: Retain 2 years. (b) Work orders for maintenance and other services: Retain 4 years. (c) Equipment records, consisting of equipment usage and status reports and equipment repair orders: Retain 4 years. (d) Expendable property records, reflecting accountability for the receipt and use of material in the performance of a contract: Retain 4 years. (e) Receiving and inspection report records, consisting of reports reflecting receipt and inspection of supplies, equipment, and materials: Retain 4 years. (f) Purchase order files for supplies, equipment, material, or services used in the performance of a contract; supporting documentation and backup files including, but not limited to, invoices, and memoranda; e.g., memoranda of negotiations showing the principal elements of subcontract price negotiations (see 52.244–2): Retain 4 years. (g) Production records of quality control, reliability, and inspection: Retain 4 years. [48 FR 42113, Sept. 19, 1983, as amended at 63 FR 34060, June 22, 1998] This subpart prescribes requirements for establishing, maintaining, and disposing of contract files. [65 FR 36022, June 6, 2000] (a) The head of each office performing contracting, contract administration, or paying functions shall establish files containing the records of all contractual actions. (b) The documentation in the files (see 4.803) shall be sufficient to constitute a complete history of the transaction for the purpose of— (1) Providing a complete background as a basis for informed decisions at each step in the acquisition process; (2) Supporting actions taken; (3) Providing information for reviews and investigations; and (4) Furnishing essential facts in the event of litigation or congressional inquiries. (c) The files to be established include— (1) A file for cancelled solicitations; (2) A file for each contract; and (3) A file such as a contractor general file, containing documents relating—for example—to (i) no specific contract, (ii) more than one contract, or (iii) the contractor in a general way (e.g., contractor's management systems, past performance, or capabilities). (a) A contract file should generally consist of— (1) The contracting office contract file, that documents the basis for the acquisition and the award, the assignment of contract administration (including payment responsibilities), and any subsequent actions taken by the contracting office; (2) The contract administration office contract file, that documents actions reflecting the basis for and the performance of contract administration responsibilities; and (3) The paying office contract file, that documents actions prerequisite to, substantiating, and reflecting contract payments. (b) Normally, each file should be kept separately; however, if appropriate, any or all of the files may be combined; e.g., if all functions or any combination of the functions are performed by the same office. (c) Files must be maintained at organizational levels that ensure— (1) Effective documentation of contract actions; (2) Ready accessibility to principal users; (3) Minimal establishment of duplicate and working files; (4) The safeguarding of classified documents; and (5) Conformance with agency regulations for file location and maintenance. (d) If the contract files or file segments are decentralized (e.g., by type or function) to various organizational elements or to other outside offices, responsibility for their maintenance must be assigned. A central control and, if needed, a locator system should be established to ensure the ability to locate promptly any contract files. (e) Contents of contract files that are contractor bid or proposal information or source selection information as defined in 2.101 must be protected from disclosure to unauthorized persons (see 3.104–4). (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. [48 FR 42113, Sept. 19, 1983, as amended at 54 FR 20496, May 11, 1989; 55 FR 36794, Sept. 6, 1990; 59 FR 67016, Dec. 28, 1994; 62 FR 232, Jan. 2, 1997; 67 FR 13063, Mar. 20, 2002] The following are examples of the records normally contained, if applicable, in contract files: (a) Contracting office contract file. (1) Purchase request, acquisition planning information, and other presolicitation documents. (2) Justifications and approvals, determinations and findings, and associated documents. (3) Evidence of availability of funds. (4) Synopsis of proposed acquisition as required by part 5 or a reference to the synopsis. (5) The list of sources solicited, and a list of any firms or persons whose requests for copies of the solicitation were denied, together with the reasons for denial. (6) Set-aside decision. (7) Government estimate of contract price. (8) A copy of the solicitation and all amendments thereto. (9) Security requirements and evidence of required clearances. (10) A copy of each offer or quotation, the related abstract, and records of determinations concerning late offers or quotations. Unsuccessful offers or quotations may be maintained separately, if cross-referenced to the contract file. The only portions of the unsuccessful offer or quotation that need be retained are— (i) Completed solicitation sections A, B, and K; (ii) Technical and management proposals; (iii) Cost/price proposals; (iv) Any other pages of the solicitation that the offeror or quoter has altered or annotated. (11) Contractor's certifications and representations. (12) Preaward survey reports or reference to previous preaward survey reports relied upon. (13) Source selection documentation. (14) Contracting officer's determination of the contractor's responsibility. (15) Small Business Administration Certificate of Competency. (16) Records of contractor's compliance with labor policies including equal employment opportunity policies. (17) Cost or pricing data and Certificates of Current Cost or Pricing Data or a required justification for waiver, or information other than cost or pricing data. (18) Packaging and transportation data. (19) Cost or price analysis. (20) Audit reports or reasons for waiver. (21) Record of negotiation. (22) Justification for type of contract. (23) Authority for deviations from this regulation, statutory requirements, or other restrictions. (24) Required approvals of award and evidence of legal review. (25) Notice of award. (26) The original of (i) the signed contract or award, (ii) all contract modifications, and (iii) documents supporting modifications executed by the contracting office. (27) Synopsis of award or reference thereto. (28) Notice to unsuccessful quoters or offerors and record of any debriefing. (29) Acquisition management reports (see subpart 4.6). (30) Bid, performance, payment, or other bond documents, or a reference thereto, and notices to sureties. (31) Report of postaward conference. (32) Notice to proceed, stop orders, and any overtime premium approvals granted at the time of award. (33) Documents requesting and authorizing modification in the normal assignment of contract administration functions and responsibility. (34) Approvals or disapprovals of requests for waivers or deviations from contract requirements. (35) Rejected engineering change proposals. (36) Royalty, invention, and copyright reports (including invention disclosures) or reference thereto. (37) Contract completion documents. (38) Documentation regarding termination actions for which the contracting office is responsible. (39) Cross-references to pertinent documents that are filed elsewhere. (40) Any additional documents on which action was taken or that reflect actions by the contracting office pertinent to the contract. (41) A current chronological list identifying the awarding and successor contracting officers, with inclusive dates of responsibility. (b) Contract administration office contract file. (1) Copy of the contract and all modifications, together with official record copies of supporting documents executed by the contract administration office. (2) Any document modifying the normal assignment of contract administration functions and responsibility. (3) Security requirements. (4) Cost or pricing data, Certificates of Current Cost or Pricing Data, or information other than cost or pricing data; cost or price analysis; and other documentation supporting contractual actions executed by the contract administration office. (5) Preaward survey information. (6) Purchasing system information. (7) Consent to subcontract or purchase. (8) Performance and payment bonds and surety information. (9) Postaward conference records. (10) Orders issued under the contract. (11) Notice to proceed and stop orders. (12) Insurance policies or certificates of insurance or references to them. (13) Documents supporting advance or progress payments. (14) Progressing, expediting, and production surveillance records. (15) Quality assurance records. (16) Property administration records. (17) Documentation regarding termination actions for which the contract administration office is responsible. (18) Cross reference to other pertinent documents that are filed elsewhere. (19) Any additional documents on which action was taken or that reflect actions by the contract administration office pertinent to the contract. (20) Contract completion documents. (c) Paying office contract file. (1) Copy of the contract and any modifications. (2) Bills, invoices, vouchers, and supporting documents. (3) Record of payments or receipts. (4) Other pertinent documents. [48 FR 42113, Sept. 19, 1983, as amended at 50 FR 1727, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 54 FR 5054, Jan. 31, 1989; 55 FR 36794, Sept. 6, 1990; 60 FR 48211, Sept. 18, 1995; 61 FR 39188, July 26, 1996; 61 FR 67430, Dec. 20, 1996; 62 FR 232, Jan. 2, 1997; 63 FR 9052, Feb. 23, 1998; 65 FR 46074, July 26, 2000; 66 FR 27409, May 16, 2001] (a) Except as provided in paragraph (c) below, time standards for closing out contract files are as follows: (1) Files for contracts using simplified acquisition procedures should be considered closed when the contracting officer receives evidence of receipt of property and final payment, unless otherwise specified by agency regulations. (2) Files for firm-fixed-price contracts, other than those using simplified acquisition procedures, should be closed within 6 months after the date on which the contracting officer receives evidence of physical completion. (3) Files for contracts requiring settlement of indirect cost rates should be closed within 36 months of the month in which the contracting officer receives evidence of physical completion. (4) Files for all other contracts should be closed within 20 months of the month in which the contracting officer receives evidence of physical completion. (b) When closing out the contract files at 4.804–1(a)(2), (3), and (4), the contracting officer shall use the closeout procedures at 4.804–5. However, these closeout actions may be modified to reflect the extent of administration that has been performed. Quick closeout procedures (see 42.708) should be used, when appropriate, to reduce administrative costs and to enable deobligation of excess funds. (c) A contract file shall not be closed if (1) the contract is in litigation or under appeal, or (2) in the case of a termination, all termination actions have not been completed. [48 FR 42113, Sept. 19, 1983, as amended at 54 FR 34752, Aug. 21, 1989; 60 FR 34746, July 3, 1995] (a) Contract files for contracts using simplified acquisition procedures should be considered closed when the contracting officer receives evidence of receipt of property and final payment, unless otherwise specified by agency regulation. (b) All other contract files shall be closed as soon as practicable after the contracting officer receives a contract completion statement from the contract administration office. The contracting officer shall ensure that all contractual actions required have been completed and shall prepare a statement to that effect. This statement is authority to close the contract file and shall be made a part of the official contract file. [48 FR 42113, Sept. 19, 1983, as amended at 60 FR 34746, July 3, 1995] The paying office shall close the contract file upon issuance of the final payment voucher. (a) Except as provided in paragraph (b) below, a contract is considered to be physically completed when— (1)(i) The contractor has completed the required deliveries and the Government has inspected and accepted the supplies; (ii) The contractor has performed all services and the Government has accepted these services; and (iii) All option provisions, if any, have expired; or (2) The Government has given the contractor a notice of complete contract termination. (b) Facilities contracts and rental, use, and storage agreements are considered to be physically completed when— (1) The Government has given the contractor a notice of complete contract termination; or (2) The contract period has expired. (a) The contract administration office is responsible for initiating (automated or manual) administrative closeout of the contract after receiving evidence of its physical completion. At the outset of this process, the contract administration office must review the contract funds status and notify the contracting office of any excess funds the contract administration office might deobligate. When complete, the administrative closeout procedures must ensure that— (1) Disposition of classified material is completed; (2) Final patent report is cleared; (3) Final royalty report is cleared; (4) There is no outstanding value engineering change proposal; (5) Plant clearance report is received; (6) Property clearance is received; (7) All interim or disallowed costs are settled; (8) Price revision is completed; (9) Subcontracts are settled by the prime contractor; (10) Prior year indirect cost rates are settled; (11) Termination docket is completed; (12) Contract audit is completed; (13) Contractor's closing statement is completed; (14) Contractor's final invoice has been submitted; and (15) Contract funds review is completed and excess funds deobligated. (b) When the actions in paragraph (a) above have been verified, the contracting officer administering the contract must ensure that a contract completion statement, containing the following information, is prepared: (1) Contract administration office name and address (if different from the contracting office). (2) Contracting office name and address. (3) Contract number. (4) Last modification number. (5) Last call or order number. (6) Contractor name and address. (7) Dollar amount of excess funds, if any. (8) Voucher number and date, if final payment has been made. (9) Invoice number and date, if the final approved invoice has been forwarded to a disbursing office of another agency or activity and the status of the payment is unknown. (10) A statement that all required contract administration actions have been fully and satisfactorily accomplished. (11) Name and signature of the contracting officer. (12) Date. (c) When the statement is completed, the contracting officer must ensure that— (1) The signed original is placed in the contracting office contract file (or forwarded to the contracting office for placement in the files if the contract administration office is different from the contracting office); and (2) A signed copy is placed in the appropriate contract administration file if administration is performed by a contract administration office. [48 FR 42113, Sept. 19, 1983, as amended at 54 FR 34752, Aug. 21, 1989; 64 FR 72445, Dec. 27, 1999] (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. [65 FR 36022, June 6, 2000] 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.
This subpart provides policies and procedures for obtaining— (a) Taxpayer Identification Number (TIN) information that may be used for debt collection purposes; and (b) Contract information and payment information for submittal to the payment office for Internal Revenue Service (IRS) reporting purposes. Common parent, as used in this subpart, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. [60 FR 28493, May 31, 1995, as amended at 66 FR 2127, Jan. 10, 2001] (a) Debt collection. 31 U.S.C. 7701(c) requires each contractor doing business with a Government agency to furnish its TIN to that agency. 31 U.S.C. 3325(d) requires the Government to include, with each certified voucher prepared by the Government payment office and submitted to a disbursing official, the TIN of the contractor receiving payment under the voucher. The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the contractor's relationship with the Government. (b) Information reporting to the IRS. The TIN is also required for Government reporting of certain contract information (see 4.903) and payment information (see 4.904) to the IRS. (a) 26 U.S.C. 6050M, as implemented in 26 CFR, requires heads of Federal executive agencies to report certain information to the IRS. (b)(1) The required information applies to contract modifications— (i) Increasing the amount of a contract awarded before January 1, 1989, by $50,000 or more; and (ii) Entered into on or after April 1, 1990. (2) The reporting requirement also applies to certain contracts and modifications thereto in excess of $25,000 entered into on or after January 1, 1989. (c) The information to report is— (1) Name, address, and TIN of the contractor; (2) Name and TIN of the common parent (if any); (3) Date of the contract action; (4) Amount obligated on the contract action; and (5) Estimated contract completion date. (d) Transmit the information to the IRS through the Federal Procurement Data System (see Subpart 4.6 and implementing instructions). 26 U.S.C. 6041 and 6041A, as implemented in 26 CFR, in part, require payors, including Government agencies, to report to the IRS, on Form 1099, payments made to certain contractors. 26 U.S.C. 6109 requires a contractor to provide its TIN if a Form 1099 is required. The payment office is responsible for submitting reports to the IRS. The contracting officer shall insert the provision at 52.204–3, Taxpayer Identification, in solicitations that— (a) Do not include the clause at 52.204–7, Central Contractor Registration; and (b) Are not conducted under the procedures of part 12. [68 FR 56672, Oct. 1, 2003] Source: 62 FR 51230, Sept. 30, 1997, unless otherwise noted.
Contracts may identify the items or services to be acquired as separately identified line items. Contract line items should provide unit prices or lump sum prices for separately identifiable contract deliverables, and associated delivery schedules or performance periods. Line items may be further subdivided or stratified for administrative purposes (e.g., to provide for traceable accounting classification citations). [62 FR 51230, Sept. 30, 1997] Source: 68 FR 56672, Oct. 1, 2003, unless otherwise noted.
This subpart prescribes policies and procedures for requiring contractor registration in the Central Contractor Registration (CCR) database, a part of the Business Partner Network (BPN) to— (a) Increase visibility of vendor sources (including their geographical locations) for specific supplies and services; and (b) Establish a common source of vendor data for the Government. As used in this subpart— Agreement means basic agreement, basic ordering agreement, or blanket purchase agreement. [48 FR 42113, Sept. 19, 1983, as amended at 69 FR 76345, Dec. 20, 2004] (a) Prospective contractors shall be registered in the CCR database prior to award of a contract or agreement, except for— (1) Purchases that use a Governmentwide commercial purchase card as both the purchasing and payment mechanism, as opposed to using the purchase card only as a payment method; (2) Classified contracts (see 2.101) when registration in the CCR database, or use of CCR data, could compromise the safeguarding of classified information or national security; (3) Contracts awarded by— (i) Deployed contracting officers in the course of military operations, including, but not limited to, contingency operations as defined in 10 U.S.C. 101(a)(13) or humanitarian or peacekeeping operations as defined in 10 U.S.C. 2302(7); or (ii) Contracting officers in the conduct of emergency operations, such as responses to natural or environmental disasters or national or civil emergencies, e.g., Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121); (4) Contracts to support unusual or compelling needs (see 6.302–2); (5) Awards made to foreign vendors for work performed outside the United States, if it is impractical to obtain CCR registration; and (6) Micro-purchases that do not use the electronic funds transfer (EFT) method for payment and are not required to be reported (see subpart 4.6). (b) If practical, the contracting officer shall modify the contract or agreement awarded under paragraph (a)(3) or (a)(4) of this section to require CCR registration. (c)(1)(i) If a contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the contractor shall provide the responsible contracting officer a minimum of one business day's written notification of its intention to change the name in the CCR database; comply with the requirements of Subpart 42.12; and agree in writing to the timeline and procedures specified by the responsible contracting officer. The contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the contractor fails to comply with the requirements of paragraph (g)(1)(i) of the clause at 52.204–7, Central Contractor Registration, or fails to perform the agreement at 52.204–7(g)(1)(i)(C), and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the contractor to be other than the contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of the contract. (2) The contractor shall not change the name or address for electronic funds transfer payments (EFT) or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). (3) Assignees shall be separately registered in the CCR database. Information provided to the contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of the contract. [48 FR 42113, Sept. 19, 1983, as amended at 43586, July 27, 2005] (a) Unless the acquisition is exempt under 4.1102, the contracting officer— (1) Shall verify that the prospective contractor is registered in the CCR database (see paragraph (b) of this section) before awarding a contract or agreement. Contracting officers are encouraged to check the CCR early in the acquisition process, after the competitive range has been established, and then communicate to the unregistered offerors that they must register; (2) Should use the DUNS number or, if applicable, the DUNS+4 number, to verify registration— (i) Via the Internet at http://www.ccr.gov; (ii) By calling toll-free: 1–888–227–2423, commercial: (269) 961–5757, or Defense Switched Network (DSN) (used at certain Department of Defense locations): 932–5757; or (iii) As otherwise provided by agency procedures; and (3) Need not verify registration before placing an order or call if the contract or agreement includes the clause at 52.204–7, or 52.212–4(t), or a similar agency clause. (b) If the contracting officer, when awarding a contract or agreement, determines that a prospective contractor is not registered in the CCR database and an exception to the registration requirements for the award does not apply (see 4.1102), the contracting officer shall— (1) If the needs of the requiring activity allow for a delay, make award after the apparently successful offeror has registered in the CCR database. The contracting officer shall advise the offeror of the number of days it will be allowed to become registered. If the offeror does not become registered by the required date, the contracting officer shall award to the next otherwise successful registered offeror following the same procedures (i.e., if the next apparently successful offeror is not registered, the contracting officer shall advise the offeror of the number of days it will be allowed to become registered, etc.); or (2) If the needs of the requiring activity do not allow for a delay, proceed to award to the next otherwise successful registered offeror, provided that written approval is obtained at one level above the contracting officer. (c) Agencies shall protect against improper disclosure of contractor CCR information. (d) The contracting officer shall, on contractual documents transmitted to the payment office, provide the DUNS number, or, if applicable, the DUNS+4, in accordance with agency procedures. [59 FR 67018, Dec. 28, 1994, as amended at 71 FR 36924, June 28, 2006] Except as provided in 4.1102(a), use the clause at 52.204–7, Central Contractor Registration, in solicitations and contracts. [59 FR 67018, Dec. 28, 1994, as amended at 71 FR 36924, June 28, 2006] Source: 69 FR 76345, Dec. 20, 2004, unless otherwise noted.
This subpart prescribes policies and procedures for requiring prospective contractors to submit Annual Representations and Certifications via the Online Representations and Certifications Application (ORCA), a part of the Business Partner Network (BPN), to— (a) Eliminate the administrative burden for contractors of submitting the same information to various contracting offices; and (b) Establish a common source for this information to procurement offices across the Government. (a) Prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102). (b) Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA. Except for commercial item solicitations issued under FAR Part 12, insert in solicitations the provision at 52.204–8, Annual Representations and Certifications. When the clause at 52.204–7, Central Contractor Registration, is included in the solicitation, do not include the following representations and certifications: (a) 52.203–2, Certificate of Independent Price Determination. (b) 52.203–11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (c) 52.204–3, Taxpayer Identification. (d) 52.204–5, Women-Owned Business (Other Than Small Business). (e) 52.209–5, Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. (f) 52.214–14, Place of Performance—Sealed Bidding. (g) 52.215–6, Place of Performance. (h) 52.219–1, Small Business Program Representations (Basic & Alternate I). (i) 52.219–2, Equal Low Bids. (j) 52.219–19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. (k) 52.219–21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program. (l) 52.219–22, Small Disadvantaged Business Status (Basic & Alternate I). (m) 52.222–18, Certification Regarding Knowledge of Child Labor for Listed End Products. (n) 52.222–22, Previous Contracts and Compliance Reports. (o) 52.222–25, Affirmative Action Compliance. (p) 52.222–38, Compliance with Veterans' Employment Reporting Requirements. (q) 52.222–48, Exemption from Application of Service Contract Act Provisions—Contractor Certification. (r) 52.223–4, Recovered Material Certification. (s) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). (t) 52.223–13, Certification of Toxic Chemical Release Reporting. (u) 52.225–2, Buy American Act Certificate. (v) 52.225–4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate (Basic, Alternate I & II). (w) 52.225–6, Trade Agreements Certificate. (x) 52.226–2, Historically Black College or University and Minority Institution Representation. (y) 52.227–6, Royalty Information (Basic & Alternate I). (z) 52.227–15, Representation of Limited Rights Data and Restricted Computer Software. [69 FR 76345, Dec. 20, 2004, as amended at 71 FR 36931, June 28, 2006] Source: 71 FR 211, Jan. 3, 2006, unless otherwise noted.
(a) Agencies must follow Federal Information Processing Standards Publication (FIPS PUB) Number 201, “Personal Identity Verification of Federal Employees and Contractors,” and the associated Office of Management and Budget (OMB) implementation guidance for personal identity verification for all affected contractor and subcontractor personnel when contract performance requires contractors to have physical access to a federally-controlled facility or access to a Federal information system. (b) Agencies must include their implementation of FIPS PUB 201 and OMB guidance M–05–24, dated August 5, 2005, in solicitations and contracts that require the contractor to have physical access to a federally-controlled facility or access to a Federal information system. (c) Agencies shall designate an official responsible for verifying contractor employee personal identity. The contracting officer shall insert the clause at 52.204–9, Personal Identity Verification of Contractor Personnel, in solicitations and contracts when contract performance requires contractors to have physical access to a federally-controlled facility or access to a Federal information system.
Title 48: Federal Acquisition Regulations System
PART 4—ADMINISTRATIVE MATTERS
Section Contents
4.000 Scope of part.
4.101 Contracting officer's signature.
4.102 Contractor's signature.
4.103 Contract clause.
4.201 Procedures.
4.202 Agency distribution requirements.
4.203 Taxpayer identification information.
4.300 Scope of subpart.
4.301 Definition.
4.302 Policy.
4.303 Contract clause.
4.401 [Reserved]
4.402 General.
4.403 Responsibilities of contracting officers.
4.404 Contract clause.
4.500 Scope of subpart.
4.501 [Reserved]
4.502 Policy.
4.600 Scope of subpart.
4.601 Record requirements.
4.602 Federal Procurement Data System.
4.603 Solicitation provisions.
4.700 Scope of subpart.
4.701 Purpose.
4.702 Applicability.
4.703 Policy.
4.704 Calculation of retention periods.
4.705 Specific retention periods.
4.705-1 Financial and cost accounting records.
4.705-2 Pay administration records.
4.705-3 Acquisition and supply records.
4.706 [Reserved]
4.800 Scope of subpart.
4.801 General.
4.802 Contract files.
4.803 Contents of contract files.
4.804 Closeout of contract files.
4.804-1 Closeout by the office administering the contract.
4.804-2 Closeout of the contracting office files if another office administers the contract.
4.804-3 Closeout of paying office contract files.
4.804-4 Physically completed contracts.
4.804-5 Procedures for closing out contract files.
4.805 Storage, handling, and disposal of contract files.
4.900 Scope of subpart.
4.901 Definition.
4.902 General.
4.903 Reporting contract information to the IRS.
4.904 Reporting payment information to the IRS.
4.905 Solicitation provision.
4.1001 Policy.
4.1100 Scope.
4.1101 Definition.
4.1102 Policy.
4.1103 Procedures.
4.1104 Solicitation provision and contract clauses.
4.1200 Scope.
4.1201 Policy.
4.1202 Solicitation provision and contract clause.
4.1300 Policy.
4.1301 Contract clause.
4.000 Scope of part.
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Subpart 4.1—Contract Execution
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4.101 Contracting officer's signature.
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4.102 Contractor's signature.
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4.103 Contract clause.
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Subpart 4.2—Contract Distribution
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4.201 Procedures.
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4.202 Agency distribution requirements.
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4.203 Taxpayer identification information.
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Subpart 4.3—Paper Documents
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4.300 Scope of subpart.
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4.301 Definition.
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4.302 Policy.
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4.303 Contract clause.
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Subpart 4.4—Safeguarding Classified Information Within Industry
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4.401 [Reserved]
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4.402 General.
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4.403 Responsibilities of contracting officers.
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4.404 Contract clause.
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Subpart 4.5—Electronic Commerce in Contracting
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4.500 Scope of subpart.
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4.501 [Reserved]
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4.502 Policy.
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Subpart 4.6—Contract Reporting
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4.600 Scope of subpart.
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4.601 Record requirements.
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4.602 Federal Procurement Data System.
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4.603 Solicitation provisions.
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Subpart 4.7—Contractor Records Retention
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4.700 Scope of subpart.
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4.701 Purpose.
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4.702 Applicability.
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4.703 Policy.
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4.704 Calculation of retention periods.
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4.705 Specific retention periods.
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4.705-1 Financial and cost accounting records.
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4.705-2 Pay administration records.
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4.705-3 Acquisition and supply records.
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4.706 [Reserved]
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Subpart 4.8—Government Contract Files
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4.800 Scope of subpart.
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4.801 General.
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4.802 Contract files.
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4.803 Contents of contract files.
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4.804 Closeout of contract files.
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4.804-1 Closeout by the office administering the contract.
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4.804-2 Closeout of the contracting office files if another office administers the contract.
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4.804-3 Closeout of paying office contract files.
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4.804-4 Physically completed contracts.
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4.804-5 Procedures for closing out contract files.
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4.805 Storage, handling, and disposal of contract files.
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------------------------------------------------------------------------ Document Retention period------------------------------------------------------------------------(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.------------------------------------------------------------------------(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)).------------------------------------------------------------------------ (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 4.601.------------------------------------------------------------------------(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.------------------------------------------------------------------------
Subpart 4.9—Taxpayer Identification Number Information
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4.900 Scope of subpart.
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4.901 Definition.
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4.902 General.
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4.903 Reporting contract information to the IRS.
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4.904 Reporting payment information to the IRS.
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4.905 Solicitation provision.
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Subpart 4.10—Administrative Matters
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4.1001 Policy.
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Subpart 4.11—Central Contractor Registration
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4.1100 Scope.
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4.1101 Definition.
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4.1102 Policy.
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4.1103 Procedures.
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4.1104 Solicitation provision and contract clauses.
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Subpart 4.12—Annual Representations and Certifications
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4.1200 Scope.
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4.1201 Policy.
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4.1202 Solicitation provision and contract clause.
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Subpart 4.13—Personal Identity Verification of Contractor Personnel
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4.1300 Policy.
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4.1301 Contract clause.
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