FAR 50.101-3—Records.
Plain-English Summary
FAR 50.101-3 requires agencies to keep complete records of every action taken under FAR Subpart 50.1, which governs requests for relief under public law or contract adjustment authorities. The section is a records-retention and documentation rule: it tells agencies exactly what must be preserved in the file for each relief request, including the contractor’s request, all supporting memorandums and correspondence, affidavits and other pertinent documents, the Memorandum of Decision, and the contractual document that implements any approved request. In practice, this means the agency must be able to reconstruct the full decision history and show the basis for granting, denying, or otherwise resolving relief. The requirement supports accountability, auditability, legal defensibility, and consistency in how extraordinary contract relief actions are handled. It also helps ensure that later reviewers, auditors, counsel, or successor contracting officials can understand what was requested, what evidence was considered, what decision was made, and how that decision was put into effect.
Key Rules
Keep complete relief records
Agencies must maintain complete records of all actions taken under Subpart 50.1. This is a mandatory file-keeping requirement for every relief request processed, not just approved requests.
Include the contractor request
The record must contain the contractor’s request itself. This preserves the original statement of the relief sought and the facts or arguments the contractor relied on.
Retain supporting evidence
The file must include all relevant memorandums, correspondence, affidavits, and other pertinent documents. These materials document the analysis, communications, and factual support used in evaluating the request.
Preserve the decision memorandum
The Memorandum of Decision must be included in the record. This is the formal explanation of the agency’s decision and should show the rationale and authority for the action taken.
File the implementing contract document
If a request is approved, the record must include a copy of the contractual document that implements the approval. This ensures the file shows how the decision was translated into an actual contract modification or other contractual action.
Responsibilities
Agency
Maintain complete records for every action taken under FAR Subpart 50.1 and ensure the file contains, at a minimum, the contractor’s request, all relevant supporting documents, the Memorandum of Decision, and any contractual document implementing an approved request.
Contracting Officer
Ensure the relief request file is assembled, documented, and retained properly; confirm that the decision rationale and implementing action are placed in the record; and make sure the file is complete enough for review, audit, and future reference.
Contractor
Submit a clear request for relief and any supporting information needed to create a complete administrative record; provide affidavits, facts, or other documentation when requested or when needed to support the claim for relief.
Legal/Policy Review Personnel
Contribute memorandums, analysis, or other review documents as applicable so the record reflects the basis for the decision and the agency’s compliance with Subpart 50.1 requirements.
Practical Implications
This section is about file integrity as much as decision-making: if the record is incomplete, the agency may have trouble defending the action later or explaining why relief was granted or denied.
Contracting officers should treat the relief file like an administrative case file and make sure every key document is captured, especially the contractor’s original request and the final Memorandum of Decision.
A common pitfall is failing to retain the document that actually implements an approved request, such as the modification or other contract action, which leaves the file without proof of execution.
Another risk is scattered documentation across emails, legal reviews, and draft memoranda that never gets consolidated into the official record; agencies should centralize and index the file.
Because these records may be reviewed long after the action is taken, clear documentation helps successor officials, auditors, inspectors, and counsel understand the basis for the relief and the contractual consequences.
Official Regulatory Text
Agencies shall maintain complete records of all actions taken under this subpart 50.1 . For each request for relief processed, these records shall include, as a minimum- (a) The contractor’s request; (b) All relevant memorandums, correspondence, affidavits, and other pertinent documents; (c) The Memorandum of Decision (see 50.103-6 and 50.104-2 ); and (d) A copy of the contractual document implementing an approved request.