(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, describe in the following table are part of a subject or case file which 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
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Retention Period
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(1) Records pertaining to Contract Disputes Act actions.
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6 years and 3 months after 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 documents, including successful proposals) exceeding the simplified acquisition threshold for other than construction.
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6 years and 3 months after final payment.
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(3) Contracts (and related records or documents, including successful proposals) at or below the simplified acquisition threshold for other than construction.
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3 years after final payment.
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(4) Construction contracts: (i) Above $2,000
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6 years and 3 months after final payment
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(ii) $2,000 or less
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3 years after final payment.
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(iii) Related records or documents, including successful proposals, except for contractor’s payrolls (see (b)(4)(iv)).
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Same as contract file.
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(iv) Contractor’s payrolls submitted in accordance with Department of Labor regulations, with related certifications, anti-kickback affidavits, and other related papers.
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3 years after contract completion unless contract performance is the subject of an enforcement action on that date.
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(5) Solicited and unsolicited unsuccessful offerors, quotations, bids, and proposals: (i) Relating to contracts above the simplified acquisition threshold.
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If filed separately from contract file, until contract is completed. Otherwise, the same as related contract file.
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(ii) Relating to contracts at or below the simplified acquisition threshold.
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1 year after date of award or until final payment, whichever is later.
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(6) Files for canceled solicitations.
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5 years after cancellation.
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(7) Other copies of procurement file records used by component elements of a contracting office for administrative purposes.
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Upon termination or completion.
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(8) Documents pertaining generally to the contractor as described at 4.801(c)(3).
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Until superseded or obsolete.
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(9) Data submitted to the Federal Procurement Data System (FPDS). Electronic data file maintained by fiscal year, containing unclassified records of all procurements other than simplified acquisitions, and information required under 4.603.
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5 years after submittal to FPDS.
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(10) Investigations, cases pending or in litigation (including protests), or similar matters.
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Until final clearance or settlement, or, if related to a document identified in (b)(1)-(9), for the retention period specified for the related document, whichever is later.
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