3.406
Records
Agencies must preserve all evidence and records related to contingent fee violations until they are no longer needed for enforcement, ensuring copies are kept in contract files if originals are centrally filed.
Overview
FAR 3.406 outlines the requirements for preserving records related to violations of contingent fee prohibitions in government contracting. Agencies must retain any specific evidence of violations, along with all relevant data and documentation of actions taken, to support enforcement actions. These records must not be destroyed or retired until it is confirmed they are no longer needed for enforcement. If the original records are kept in a central file, a copy must also be maintained in the contract file to ensure accessibility and compliance.
Key Rules
- Preservation of Evidence
- Agencies must keep all evidence and pertinent data related to violations of contingent fee prohibitions.
- Retention Period
- Records cannot be destroyed or retired until it is certain they are no longer needed for enforcement.
- File Duplication Requirement
- If the original record is in a central file, a copy must be kept in the contract file.
Responsibilities
- Contracting Officers: Ensure all relevant records and evidence are preserved and not destroyed prematurely; maintain copies in contract files as required.
- Contractors: Be aware that records related to contingent fee violations will be retained for enforcement purposes.
- Agencies: Oversee the retention and proper filing of all pertinent records and evidence.
Practical Implications
- This section exists to support enforcement of contingent fee prohibitions and ensure accountability.
- It impacts daily contracting by requiring diligent record-keeping and careful management of evidence.
- Common pitfalls include premature destruction of records or failure to maintain required copies in contract files, which can hinder enforcement actions.