Records Management Language for Contracts
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
- Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters
21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act
(5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
- Contractor shall treat all deliverables under the contract as the property
of the U.S. Government for which the Government Agency shall have unlimited
rights to use, dispose of, or disclose such data contained therein as it determines
to be in the public interest.
- Contractor shall not create or maintain any records that are not specifically
tied to or authorized by the contract using Government IT equipment and/or
- Contractor shall not retain, use, sell, or disseminate copies of any deliverable
that contains information covered by the Privacy Act of 1974 or that which
is generally protected by the Freedom of Information Act.
- Contractor shall not create or maintain any records containing any Government
Agency records that are not specifically tied to or authorized by the contract.
- The Government Agency owns the rights to all data/records produced as part
of this contract.
- The Government Agency owns the rights to all electronic information (electronic
data, electronic information systems, electronic databases, etc.) and all
supporting documentation created as part of this contract. Contractor must
deliver sufficient technical documentation with all data deliverables to permit
the agency to use the data.
- Contractor agrees to comply with Federal and Agency records management policies,
including those policies associated with the safeguarding of records covered
by the Privacy Act of 1974. These policies include the preservation of all
records created or received regardless of format [paper, electronic, etc.]
or mode of transmission [e-mail, fax, etc.] or state of completion [draft,
- No disposition of documents will be allowed without the prior written consent
of the Contracting Officer. The Agency and its contractors are responsible
for preventing the alienation or unauthorized destruction of records, including
all forms of mutilation. Willful and unlawful destruction, damage or alienation
of Federal records is subject to the fines and penalties imposed by 18 U.S.C.
2701. Records may not be removed from the legal custody of the Agency or destroyed
without regard to the provisions of the agency records schedules.
- Contractor is required to obtain the Contracting Officer's approval prior
to engaging in any contractual relationship (sub-contractor) in support of
this contract requiring the disclosure of information, documentary material
and/or records generated under, or relating to, this contract. The Contractor
(and any sub-contractor) is required to abide by Government and Agency guidance
for protecting sensitive and proprietary information.
View the Records Management Handbook
- Records Management Handbook Home Page
- Federal requirements for including
records management in agency electronic information systems
- Records management language for contracts
- Guidance and resources for integrating
records management into electronic information systems
- Toolkit for managing electronic records