| (a) Except as provided in subsections (c) and (d),
a contractor must retain a record in the form in which it was created
as follows:
(1) a record developed and maintained in accordance
with §49.305 of this subchapter (relating to Records) until the
latest of the following:
(A) seven years after the contractor submits a claim
for the service about which the record relates;
(B) seven years after all issues that arise from any
litigation, claim, negotiation, audit, open records request, administrative
review, or other action involving the record are resolved; or
(C) the individual about whom the record relates becomes
21 years of age.
(2) its contract and any contract solicitation documents
until the later of the following:
(A) seven years after the contract expires or is terminated;
or
(B) seven years after all issues that arise from any
litigation, claim, negotiation, audit, open records request, administrative
review, or other action involving the contract are resolved.
(b) If a contractor destroys records containing confidential
information, the records must be destroyed in a manner that makes
the confidential information unusable, as follows:
(1) for paper, film, and other hard copy records, shredding,
pulping, or burning; and
(2) for electronic records, disintegration, degaussing,
digital shredding, or using specialized software to copy over the
data.
(c) If applicable law, the contract, or rules governing
services provided under the contract require a contractor to retain
records for a longer period than described in subsection (a) of this
section, the contractor must retain the records for the longer period.
(d) A contractor is not required to comply with subsection
(a) of this section for a record not required by applicable law, rule,
or the contract to be in the contractor's possession on September
1, 2018.
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