Common use of RETENTION AND ACCESS REQUIREMENTS FOR RECORDS Clause in Contracts

RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. This provision sets forth requirements for record retention and access to records. As used in this provision, “records” includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained for a period of 3 years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by FAS. The only exceptions are the following: If any litigation, claim, or audit is started before the expiration of the 3- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken; Records for tangible property acquired with Federal funds shall be retained for 3 years after final disposition; When records are transferred to or maintained by FAS, the 3- year retention requirement is not applicable to the Recipient; Indirect cost rate proposals, cost allocations plans, etc., as specified in paragraph (f) of this provision. Copies of original records may be substituted for the original records if authorized by FAS. XXX will request transfer of certain records to its custody from Recipients when it determines that the records possess long-term retention value. However, in order to avoid duplicate record keeping, FAS may make arrangements for Recipients to retain any records that are continuously needed for joint use. XXX, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a Recipient’s personnel for the purpose of interview and discussion related to such documents. The Recipient shall provide access to any program site(s) to FAS or any of its authorized representatives. The rights of access in this paragraph are not limited to the required retention period, but shall last as long as records are retained. No Recipient shall disclose its records that are pertinent to an award until the Recipient provides notice of the intended disclosure with copies of the relevant records to FAS. Indirect cost rate proposals, cost allocations plans, etc. Paragraphs (g)(1) and (g)(2) of this provision apply to the following types of documents, and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage charge back rates or composite fringe benefit rates). If submitted for negotiation. If the Recipient submits to FAS or the sub Recipients submits to the Recipient the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts on the date of such submission. If not submitted for negotiation. If the Recipient is not required to submit to FAS or the sub Recipients is not required to submit to the Recipient the proposal, plan, or other computation for negotiation purposes, then the 3-year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation.

RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. This provision sets forth requirements for record retention and access to records. As used in this provision, “records” includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained for a period of 3 years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by FAS. The only exceptions are the following: If any litigation, claim, or audit is started before the expiration of the 3- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken; Records for tangible property acquired with Federal funds shall be retained for 3 years after final disposition; When records are transferred to or maintained by FAS, the 3- year retention requirement is not applicable to the RecipientCooperator; Indirect cost rate proposals, cost allocations plans, etc., as specified in paragraph (f) of this provision. Copies of original records may be substituted for the original records if authorized by FAS. XXX FAS will request transfer of certain records to its custody from Recipients Cooperators when it determines that the records possess long-term retention value. However, in order to avoid duplicate record keeping, FAS may make arrangements for Recipients Cooperators to retain any records that are continuously needed for joint use. XXXFAS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipients Cooperators that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a RecipientCooperator’s personnel for the purpose of interview and discussion related to such documents. The Recipient Cooperator shall provide access to any program site(s) to FAS or any of its authorized representatives. The rights of access in this paragraph are not limited to the required retention period, but shall last as long as records are retained. No Recipient Cooperator shall disclose its records that are pertinent to an award until the Recipient Cooperator provides notice of the intended disclosure with copies of the relevant records to FAS. Indirect cost rate proposals, cost allocations plans, etc. Paragraphs (g)(1) and (g)(2) of this provision apply to the following types of documents, and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage charge back rates or composite fringe benefit rates). If submitted for negotiation. If the Recipient Cooperator submits to FAS or the sub Recipients cooperators submits to the Recipient Cooperator the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts on the date of such submission. If not submitted for negotiation. If the Recipient Cooperator is not required to submit to FAS or the sub Recipients cooperators is not required to submit to the Recipient Cooperator the proposal, plan, or other computation for negotiation purposes, then the 3-year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. COOPERATOR RESPONSIBILITIES. The standards contained in this provision do not relieve the Cooperator of the contractual responsibilities arising under its contract(s). The Cooperator is the responsible authority, without recourse to FAS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of this Agreement. This includes disputes, claims, award protests, source evaluation or other matters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local authority, as may have proper jurisdiction.

RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. This provision sets forth requirements for record retention and access to records. As used in this provision, “records” includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained for a period of 3 years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by FAS. The only exceptions are the following: If any litigation, claim, or audit is started before the expiration of the 3- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken; Records for tangible real property and equipment acquired with Federal funds shall be retained for 3 years after final disposition; When records are transferred to or maintained by FAS, the 3- year retention requirement is not applicable to the RecipientCooperator; Indirect cost rate proposals, cost allocations plans, etc., as specified in paragraph (f) of this provision. Copies of original records may be substituted for the original records if authorized by FAS. XXX FAS will request transfer of certain records to its custody from Recipients Cooperators when it determines that the records possess long-term retention value. However, in order to avoid duplicate record keeping, FAS may make arrangements for Recipients Cooperators to retain any records that are continuously needed for joint use. XXX, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipients Cooperators that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a RecipientCooperator’s personnel for the purpose of interview and discussion related to such documents. The Recipient Cooperator shall provide access to any program site(s) to FAS or any of its authorized representatives. The rights of access in this paragraph are not limited to the required retention period, but shall last as long as records are retained. No Recipient Cooperator shall disclose its records that are pertinent to an award until the Recipient Cooperator provides notice of the intended disclosure with copies of the relevant records to FAS. Indirect cost rate proposals, cost allocations plans, etc. Paragraphs (g)(1) and (g)(2) of this provision apply to the following types of documents, and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage charge back rates or composite fringe benefit rates). If submitted for negotiation. If the Recipient Cooperator submits to FAS or the sub Recipients cooperators submits to the Recipient Cooperator the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts on the date of such submission. If not submitted for negotiation. If the Recipient Cooperator is not required to submit to FAS or the sub Recipients cooperators is not required to submit to the Recipient Cooperator the proposal, plan, or other computation for negotiation purposes, then the 3-year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. COOPERATOR RESPONSIBILITIES. The standards contained in this provision do not relieve the Cooperator of the contractual responsibilities arising under its contract(s). The Cooperator is the responsible authority, without recourse to FAS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of this Agreement. This includes disputes, claims, award protests, source evaluation or other matters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local authority, as may have proper jurisdiction.

RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. This provision sets forth requirements for record retention and access to records. As used in this provision, “records” includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained for a period of 3 years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by FAS. The only exceptions are the following: If any litigation, claim, or audit is started before the expiration of the 3- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken; Records for tangible property acquired with Federal funds shall be retained for 3 years after final disposition; When records are transferred to or maintained by FAS, the 3- year retention requirement is not applicable to the RecipientCooperator; Indirect cost rate proposals, cost allocations plans, etc., as specified in paragraph (f) of this provision. Copies of original records may be substituted for the original records if authorized by FAS. XXX FAS will request transfer of certain records to its custody from Recipients Cooperators when it determines that the records possess long-term retention value. However, in order to avoid duplicate record keeping, FAS may make arrangements for Recipients Cooperators to retain any records that are continuously needed for joint use. XXX, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipients Cooperators that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a RecipientCooperator’s personnel for the purpose of interview and discussion related to such documents. The Recipient Cooperator shall provide access to any program site(s) to FAS or any of its authorized representatives. The rights of access in this paragraph are not limited to the required retention period, but shall last as long as records are retained. No Recipient Cooperator shall disclose its records that are pertinent to an award until the Recipient Cooperator provides notice of the intended disclosure with copies of the relevant records to FAS. Indirect cost rate proposals, cost allocations plans, etc. Paragraphs (g)(1) and (g)(2) of this provision apply to the following types of documents, and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage charge back rates or composite fringe benefit rates). If submitted for negotiation. If the Recipient Cooperator submits to FAS or the sub Recipients cooperators submits to the Recipient Cooperator the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts on the date of such submission. If not submitted for negotiation. If the Recipient Cooperator is not required to submit to FAS or the sub Recipients cooperators is not required to submit to the Recipient Cooperator the proposal, plan, or other computation for negotiation purposes, then the 3-year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. COOPERATOR RESPONSIBILITIES. The standards contained in this provision do not relieve the Cooperator of the contractual responsibilities arising under its contract(s). The Cooperator is the responsible authority, without recourse to FAS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of this Agreement. This includes disputes, claims, award protests, source evaluation or other matters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local authority, as may have proper jurisdiction.