48 CFR Part 3404 — Administrative and Information Matters

PART 3404—ADMINISTRATIVE AND INFORMATION MATTERS Authority: 5 U.S.C. 301; 40 U.S.C. 12(c); and 41 U.S.C. 3102. Source: 88 FR 60542, Sept. 1, 2023, unless otherwise noted. 3404.000 Scope of part. 3404.001 Definitions. Federal record, Records inventory Subpart 3404.4—Safeguarding Classified Information Within Industry 3404.470 Contractor security vetting requirements. 3404.470-1 Contract clause. The contracting officer must include the clause at 3452.204-71 (Contractor security vetting requirements) in solicitations and contracts when it is anticipated that contractor employees will have access to proprietary or sensitive Department information including Controlled Unclassified Information Subpart 3404.7—Contractor Records Retention 3404.710 Contracting officer records management responsibilities. Upon notification from the contractor of any unlawful or accidental removal, defacing, alteration, or destruction of Federal records, including all forms of mutilation, the contracting officer must notify the requiring activity, the Department Records Officer, and the HCA within one business day. 3404.770 Contract clause. The contracting officer must insert the clause at 3452.204-70 (Records management) in all solicitations and contracts where the contractor will receive, create, work with, or otherwise handle Federal records, as defined in 44 U.S.C. 3301(a), regardless of the medium in which the record exists. Subpart 3404.8—Government Contact Files 3404.804 Closeout of contract files. 3404.804-5 Procedures for closing out contract files. (a)(16) The contractor has provided written affirmation that the contractor has transferred all Federal records that the contractor created, received, or maintained in performance of the contract to the Federal Government, and the contractor has not retained a copy of any Federal record that contains information covered by 32 CFR part 2002 or that is generally protected from public disclosure by an exemption under the Freedom of Information Act (FOIA) with the exception, for the purposes of FOIA, of information that exclusively implicates the exemption 4 interests of the contractor.

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