FAR 4.702—Applicability.
Plain-English Summary
FAR 4.702 explains when the record-retention rules in this subpart apply. It ties applicability to contracts that include either the Audit and Records—Sealed Bidding clause at 52.214-26 or the Audit and Records—Negotiation clause at 52.215-2, so contractors and contracting officers know which contracts trigger the retention framework. It also identifies a limited exception for Department of Energy contracts when the Comptroller General has approved alternative retention periods. Beyond that exception, the section confirms that the subpart applies to record-retention periods under contracts governed by the legacy statutory provisions cited in the rule, including certain title 10 and title 40 authorities. In practice, this section is the gateway rule that tells the parties whether the FAR’s record-retention requirements apply at all, and it helps avoid using the wrong retention schedule for a given contract.
Key Rules
Applies by clause inclusion
This subpart applies to records generated under contracts that contain either the Audit and Records—Sealed Bidding clause (52.214-26) or the Audit and Records—Negotiation clause (52.215-2). If one of those clauses is in the contract, the record-retention rules in this subpart are triggered.
DOE alternative retention exception
The subpart is not mandatory for Department of Energy contracts when the Comptroller General has approved alternative record-retention periods. In that situation, the approved alternative schedule controls instead of the default FAR subpart requirements.
Covers legacy statutory contracts
Except for the DOE exception, the subpart applies to record-retention periods under contracts subject to the legacy provisions cited in the rule, including 10 U.S.C. chapter 137 legacy provisions, 10 U.S.C. 3016 and chapter 203, and 40 U.S.C. 101 et seq. This means the rule reaches contracts governed by those older statutory frameworks as well.
Records generated under covered contracts
The applicability is to records generated under the covered contracts, not just to the contract file as a whole. Contractors should treat the clause and the governing statute as the trigger for determining which records must be retained and for how long.
Responsibilities
Contracting Officer
Include the correct Audit and Records clause in the solicitation and contract, determine whether the contract falls within the covered statutory framework, and verify whether any Department of Energy alternative retention period applies. The contracting officer should also ensure the contractor understands which retention regime governs the contract.
Contractor
Identify whether the contract contains one of the listed clauses and, if so, retain records in accordance with the applicable FAR retention requirements or any approved alternative schedule. The contractor must not assume a shorter or different retention period applies without confirming the governing clause and any statutory exception.
Department of Energy
When applicable, use the Comptroller General-approved alternative record-retention periods for DOE contracts instead of the default subpart requirements. DOE must ensure its contracts and internal procedures align with the approved alternative schedule.
Comptroller General
Approve alternative record-retention periods for Department of Energy contracts where permitted. That approval is what makes the DOE exception available under this section.
Practical Implications
The first thing to check is the contract clause. If 52.214-26 or 52.215-2 is present, the record-retention rules in this subpart apply, and the contractor should preserve records accordingly.
Do not assume all federal contracts use the same retention period. This section points to specific clauses and statutory authorities, so the applicable retention rule may depend on the contract type and governing legal framework.
DOE contracts can be different, but only when there is Comptroller General-approved alternative retention. Without that approval, the default FAR subpart still applies.
A common pitfall is treating the rule as only about the official contract file. It applies to records generated under the contract, which can include supporting accounting, cost, audit, and performance records.
Contracting officers should confirm the clause selection early, because record-retention obligations can affect contractor systems, document management, and post-award compliance planning.
Official Regulatory Text
(a) This subpart applies to records generated under contracts that contain one of the following clauses: (1) Audit and Records-Sealed Bidding ( 52.214-26 ). (2) Audit and Records-Negotiation ( 52.215-2 ). (b) This subpart is not mandatory on Department of Energy contracts for which the Comptroller General allows alternative records retention periods. Apart from this exception, this subpart applies to record retention periods under contracts that are subject to 10 U.S.C. chapter 137 legacy provisions ( 10 U.S.C. 3064 ) and 10 U.S.C. 3016 and chapter 203, or 40 U.S.C. 101 , et seq .