This clause applies to all agencies whose employees create, work with, or otherwise handle federal records, as defined in "Definitions", regardless of the medium in which the record exists.
“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a federal agency under federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States government or because of the informational value of data in them.
The term federal record:
- Includes [agency] records.
- Does not include personal materials.
- Applies to records created, received, or maintained by contractors pursuant to their [agency] contract.
- May include deliverables and documentation associated with deliverables.
The Interior Business Center and [customer agency] shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
In accordance with 36 CFR 1222.32, all data created for government use and delivered to, or falling under the legal control of, the government are federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
In accordance with 36 CFR 1222.32, the Interior Business Center and [customer agency] shall maintain all records created for government use or created in the course of performing the contract and/or delivered to, or under the legal control of the government and must be managed in accordance with federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
The Interior Business Center, along with [customer agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the Interior Business Center or [customer agency], or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the respective records officer. Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, contractor must report to [agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
The Interior Business Center shall immediately notify the appropriate point of contact upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Interior Business Center shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. When information, data, documentary material, and/or records is no longer required, it shall be returned to customer agency control or destroyed based on the Department of the Interior or government records schedule as prescribed in the [contract vehicle].
The Interior Business Center and [customer agency] shall only use government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [agency] policy.
All Interior Business Center and [customer agency] employees assigned to this contract who create, work with, or otherwise handle records are required to take provided records management training. The respective agency is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.