Government Contracts State Department Proposes Access to Contractor Records Rule
Thursday, August 5, 2021

State Department Proposes Access to Contractor Records Rule

By Government Contracts Editorial Staff

A proposed rule would amend the Department of State Acquisition Regulation to add a new contract clause relating to requests for examination of contractor records. The rule proposes new DOSAR 615.209-70, which prescribes a new clause, DOSAR 652.215-70, Examination of Records, for use in all solicitations and contracts other than those described in FAR 15.209(b)(1). The proposed rule grants the Department’s Office of the Inspector General, or an authorized representative, complete, prompt, and free access to all contractor and subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law. Also, the OIG would have the right to interview any current contractor and subcontractor personnel, individually and directly, with respect to such matters. The clause may not be construed to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. The clause also contains a subcontractor flowdown requirement. Comments on the rule are due by August 31, 2021. For the text of the rule, see ¶71,330.08.

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