4.702
Applicability
FAR 4.702 makes contractor records retention requirements mandatory only when specific audit and records clauses are included in the contract, with limited exceptions for certain DOE contracts.
Overview
FAR 4.702 specifies when the contractor records retention requirements of Subpart 4.7 apply. It clarifies that these requirements are triggered when contracts include either the "Audit and Records-Sealed Bidding" (FAR 52.214-26) or "Audit and Records-Negotiation" (FAR 52.215-2) clauses. The section also notes an exception for certain Department of Energy (DOE) contracts where the Comptroller General has approved alternative retention periods. Otherwise, the subpart applies to contracts governed by specific U.S. Code provisions related to federal procurement and public buildings.
Key Rules
- Triggering Clauses
- The records retention rules apply only if the contract includes FAR 52.214-26 or FAR 52.215-2.
- DOE Exception
- DOE contracts may be exempt if the Comptroller General allows different retention periods.
- Statutory Applicability
- Applies to contracts subject to 10 U.S.C. chapter 137 legacy provisions, 10 U.S.C. 3016 and chapter 203, or 40 U.S.C. 101, et seq.
Responsibilities
- Contracting Officers: Ensure the correct clauses are included in contracts and inform contractors of applicable retention requirements.
- Contractors: Retain records as required when the specified clauses are present, unless a DOE exception applies.
- Agencies: Monitor compliance and apply exceptions only as authorized.
Practical Implications
- This section helps contractors identify when federal records retention rules apply to their contracts.
- Failure to recognize the applicability can lead to noncompliance or unnecessary recordkeeping.
- Contractors should always check for the presence of the triggering clauses and any DOE-specific exceptions.