Common use of Records Retention and Access Requirements Clause in Contracts

Records Retention and Access Requirements. 4.7.1 Contractor agrees to the conditions of all applicable Department, State and federal regulations, which are incorporated herein by this reference, regarding retention and access requirements relating to all financial and programmatic records, supporting documents, statistical records, and other records pertaining to Services and Deliverables provided pursuant to this Contract. In addition, Contractor agrees to the following terms regarding retention of records and access for the Department, State and federal government officials. 4.7.2 Contractor must maintain records documenting compliance with the performance and financial requirements stated in federal and state law and in this Contract along with incorporated attachments. Records include all written and electronic documents memorializing and reporting on performance and financial accounting and any other documents as required by this Contract, state and federal laws, or other authorities or as otherwise maintained by Contractor. Contractor, upon request, must make these records available in a timely and unrestricted manner to the Department, Montana Legislative Auditor, the federal Departments of Health and Human Services, Education, Energy, and Agriculture and to other authorized federal and state entities, their auditors, investigators and agents. The Department, the federal Department of Health and Human Services, Agriculture, Energy, or Education and other authorized federal and state entities, their auditors, investigators and agents, in accordance with this Contract and applicable legal authorities, may conduct at any time during or after the term of this Contract audits and other investigations to assure the appropriate administration and expenditure of the monies provided to Contractor through this Contract and to assure the appropriate administration and delivery of services delivered through this Contract. 4.7.3 Records must be retained for a period of seven years from the completion date of this Contract. If any litigation, review, claim or audit is started before the expiration of the seven-year period, the records must be retained until all litigation, reviews, claims or audit findings involving the records have been resolved. Contractor must provide the Department and its authorized agents with reasonable access to records Contractor maintains for purposes of this Contract. Contractor must make the records available at all reasonable times at Contractor’s general offices. 4.7.4 Contractor during the term of this Contract and for seven years thereafter must provide, in accordance with 18-1-118, MCA and other pertinent federal and state authorities, access to all of Contractor’s records, materials and information including any and all audit reports with supporting materials and work documents pertinent to the delivery of services provided under this Contract. Access is to be available for purposes of audit and other administrative activities and investigations. Access must be provided in a timely and unrestricted manner and in a format acceptable to the Department. Access is to be available for the Department, and as applicable, the federal Departments of Health and Human Services, Agriculture, Energy, or Education, and other authorized federal and state entities, their auditors, investigators and agents. The entities and their agents may record any information and make copies of any materials necessary for the conduct of an audit or other administrative activity or investigation. 4.7.5 The records retention and review requirements of this Section must be included by Contractor in any of its subcontracts with Subcontractors. The Department’s personnel will be accompanied by Contractor personnel at all times during any examination, inspection, review or audit. Contractor will not charge for services rendered in connection with an audit requested by the Department.

Records Retention and Access Requirements. 4.7.1 Contractor agrees to the conditions of all applicable Department, State and federal regulations, which are incorporated herein by this reference, regarding retention and access requirements relating to all financial and programmatic records, supporting documents, statistical records, and other records pertaining to Services and Deliverables provided pursuant to this Contract. In addition, Contractor agrees to the following terms regarding retention of records and access for the Department, State and federal government officials. 4.7.2 Contractor must maintain records documenting compliance with the performance and financial requirements stated in federal and state law and in this Contract along with incorporated attachments. Records include all written and electronic documents memorializing and reporting on performance and financial accounting and any other documents as required by this Contract, applicable state and federal laws, or other authorities or as otherwise maintained by Contractor. Contractor, upon request, must make these records available in a timely and unrestricted manner to the Department, Montana Legislative Auditor, the federal Departments of Health and Human Services, Education, Energy, and Agriculture and to other authorized federal and state entities, their auditors, investigators and agents. The Department, the federal Department of Health and Human Services, Agriculture, Energy, or Education and other authorized federal and state entities, their auditors, investigators and agents, in accordance with this Contract and applicable legal authorities, may conduct at any time during or after the term of this Contract audits and other investigations to assure the appropriate administration and expenditure of the monies provided to Contractor through this Contract and to assure the appropriate administration and delivery of services delivered through this Contract, at any time during Term of this Contract and for seven years thereafter. 4.7.3 Records must be retained for a period of seven years from the completion date of this Contract. If any litigation, review, claim or audit is started before the expiration of the seven-year period, the records must be retained until all litigation, reviews, claims or audit findings involving the records have been resolved. Contractor must provide the Department and its authorized agents with reasonable access to records Contractor maintains for purposes of this Contract. Contractor must make the records available at all reasonable times at Contractor’s general offices. 4.7.4 Contractor during During the term Term of this Contract and for seven years thereafter Contractor must provide, in accordance with 18-1-118, MCA and other pertinent federal and state authorities, access to all of Contractor’s records, materials and information including any and all audit reports with supporting materials and work documents pertinent to the delivery of services provided under this Contract. Access is to be available for purposes of audit and other administrative activities and investigations. Access Upon reasonable advance notice, access must be provided in a timely and unrestricted manner and manner, during normal business hours, in a format acceptable to the Department. Access is to be available for the Department, and as applicable, the federal Departments of Health and Human Services, Agriculture, Energy, or Education, and other authorized federal and state entities, their auditors, investigators and agents. The entities and their agents may record any information and make copies of any materials necessary for the conduct of an audit or other administrative activity or investigation. 4.7.5 The records retention and review requirements of this Section must be included by Contractor in any of its subcontracts with Subcontractors. The Department’s personnel will be accompanied by Contractor personnel at all times during any examination, inspection, review or audit. Contractor will not charge for services rendered in connection with an audit requested by the Department.