
SUBPART 204.8--CONTRACT FILES
(Revised January 15, 1999)
204.802 Contract files.
Official contract files shall consist
of-
(1) Only original, authenticated or
conformed copies of contractual instruments-
(i) "Authenticated copies" means copies
that are shown to be genuine in one of two ways-
(A) Certification as true copy by signature
of an authorized person; or
(B) Official seal.
(ii) "Conformed copies" means copies that
are complete and accurate, including the date signed and the names and
titles of the parties who signed them.
(2) Signed or official record copies of
correspondence, memoranda, and other documents.
204.804 Closeout of contract files.
Normally, the closeout date for contract
files is the date in Block 9d on the DD Form 1594, Contract Completion
Statement, or in columns 59-65 on the PK9. If the contracting office must
do a major closeout action that will take longer than three months after
the date shown in Block 9d of the DD Form 1594, or in columns 59-65 of
the PK9-
(1) The closeout date for file purposes
will be the date in Block 10e of the DD Form 1594 or the date of the closeout
statement executed when the MILSCAP PK9 is received.
(2) The contracting office shall notify
the contract administration office of the revised closeout date by either
sending a copy of the completed DD Form 1594 or by preparing a MILSCAP
Format Identifier PKZ, Contract Closeout Extension.
204.804-1 Closeout by the office administering
the contract.
(1) For contracting offices administering
their own contracts, locally developed forms or statement of completion
may be used instead of the DD Form 1594, Contract Completion Statement.
Whichever method is used, the form shall be retained in the official contract
file.
(2) For contracts valued above the simplified
acquisition threshold, prepare a DD Form 1597, Contract Closeout Check
List, (or agency equivalent) to ensure that all required contract actions
have been satisfactorily accomplished.
204.804-2 Closeout of the contracting
office files if another office administers the contract.
(1) When an office, other than the
contracting office, administers the contract, it shall-
(i) Provide the contracting office
an interim contract completion statement when the contract is physically
completed and accepted. This notice may be in the form of either a DD Form
1594, Contract Completion Statement, or a MILSCAP Format Identifier Interim
PK9, Contract Physical Completion. When the DD Form 1594 is used, the contracting
officer-
(ii) Prepare a DD Form 1597, Contract Closeout
Check List, if necessary, to determine that all the required actions have
been done;
(iii) Initiate DD Form 1593, Contract
Administration Completion Record, if necessary to obtain statements from
other organizational elements that they have completed the actions they
are responsible for; and
(iv) Upon final payment-
(A) Process the DD Form 1594 with Blocks
1 through 9 completed or the MILSCAP Format Identifier PK9 verifying that
all contract administration office actions have been done; and
(B) Send the original of the DD Form
1594 or the MILSCAP Format Identifier PK9 to the contracting office, and
file a copy in the official contract file.
(2) If the administrative contracting officer
(ACO) cannot closeout a contract within the specified time period (see
FAR 4.804-1), the ACO must notify the procuring contracting officer (PCO)
within 45 days after the expiration of the time period of-
(i) The reasons for the delay; and
(ii) New target date for closeout. If
MILSCAP procedures apply, the ACO shall use the MILSCAP Format Identifier
PKX, Unclosed Contract Status, to provide this notice to the PCO.
(3) If the contract still is not closed
out by the new target date, the ACO shall again notify the PCO with the
reasons for delay and new target date. If MILSCAP procedures apply, continue
to use the MILSCAP Format Identifier PKX, Unclosed Contract Status, to
provide this notice.
204.805 Disposal of contract files.
(1) The sources of the period for which
official contract files must be retained are General Records Schedule 3
(Procurement, Supply, and Grant Records) and General Records Schedule 6
(Accountable Officers' Accounts Records). Copies of the General Records
Schedule may be obtained from the National Archives and Records Administration,
Washington, DC 20408.
(2) Deviations from the periods cannot
be granted by the Defense Acquisition Regulations Council. Forward requests
for deviations to both the General Accounting Office and the National Archives
and Records Administration.
(3) Hold completed contract files in
the office responsible for maintaining them for a period of 12 months after
completion. After the initial 12 month period, send the records to the
local records holding or staging area until they are eligible for destruction.
If no space is available locally, transfer the files to the General Services
Administration Federal Records Center that services the area.
(4) Duplicate or working contract files
should contain no originals of materials that properly belong in the official
files. Destroy working files as soon as practicable once they are no longer
needed.
(5) Retain pricing review files, containing
documents related to reviews of the contractor's price proposals, subject
to cost or pricing data (see FAR 15.403-4), for six years. If it is impossible
to determine the final payment date in order to measure the six year period,
retain the files for nine years.