48 C.F.R. § 1652.204-70

1652.204-70 Contractor records retention.

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As prescribed in 1604.705 the following clause will be inserted in all FEHB Program contracts.

Contractor Records Retention (JUL 2005)

Notwithstanding the provisions of Section 5.7 (FAR 52.215-2(f)) “Audit and Records—Negotiation” the carrier will retain and make available all records applicable to a contract term that support the annual statement of operations and, for contracts that equal or exceed the threshold at FAR 15.403-4(a)(1), the rate submission for that contract term for a period of six years after the end of the contract term to which the records relate. This includes all records of Large Provider Agreements and subcontracts that equal or exceed the threshold requirements. In addition, individual enrollee and/or patient claim records will be maintained for six years after the end of the contract term to which the claim records relate. This clause is effective prospectively as of the 2005 contract year.

(End of clause) [70 FR 31382, June 1, 2005, as amended at 71 FR 3016, Jan. 19, 2006]

Notes of Decisions

Cited in 3 cases, 2007–2010 · leading case: GHS Health Maint. Org., Inc. v. United States, 76 Fed. Cl. 339 (Fed. Cl. 2007).

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GHS Health Maint. Org., Inc. v. United States, 76 Fed. Cl. 339 (Fed. Cl. 2007). · cites it 2× “Plaintiffs cite to the clause at 48 C.F.R. § 1652.204-70 , titled “Contractor Records Retention (Jan 1998)” (the Retention Regulation), which also was incorporated into each of the carriers’ contracts at section 3.”

GHS Health Maint. Org., Inc. v. United States, 536 F.3d 1293 (Fed. Cir. 2008). “48 C.F.R. § 1652.204-70 . Unlike the Non-reconciliation Regulation, this provision is a reasonable reaction to the perceived problem of inadequate access to documents.”

Auth. of OPM to Direct Health Insurer Not to Enroll Individual Deemed Eligible by Employing Agency (OLC 2010). “8 (“the Carrier will retain and make available all records applicable to a contract term that support the annual statement of operations”); see also 48 C.F.R. § 1652.204-70 (requiring inclusion of section 3.”

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