Subpart 1404.4—Safeguarding Classified Information Within Industry
1404.403 Responsibilities of contracting officers.
Subpart 1404.7—Contractor Records Retention
Subpart 1404.8—Contract Files
1404.802 Contract files.
1404.804 Closeout of contract files.
1404.804-70 Release of claims.
1404.805 Disposal of contract files.
Subpart 1404.70—Deposit of Contract Publications
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 U.S.C. 301.
Source: 75 FR 19829, Apr. 15, 2010, unless otherwise noted.
(a) The DOI has entered into an agreement with the DOD to be covered by the National Industrial Security Program (NISP). The agreement is contained in 443 DM 1, Appendix 1.
(a) For proposed solicitations that may require access to Departmental classified information, the CO shall consult with the Office of Managing Risk and Public Safety for guidance on NISP in accordance with 443 DM 1.
(b) For proposed contracts where the contractor provides service for the handling and transmission of registered or certified mail at activities that customarily receive and transmit classified information (see FAR 4.401), the contractor shall be cleared to the degree of SECRET. This clearance shall be obtained through the Office of Managing Risk and Public Safety in accordance with 442 DM 8.
(c) For proposed contracts where guard services are assigned to safeguard Department activities in possession of classified information (see FAR 4.401), review and approval shall be obtained from the Office of Managing Risk and Public Safety in accordance with 442 DM 8.
In addition to the clauses listed at FAR 4.702, the policies and procedures at FAR 4.7 shall also apply to records generated under contracts containing the clause at 1452.215–70, Examination of Records by the Department of the Interior.
In addition to the requirements in FAR 4.802, files shall also be maintained in accordance with the provisions of 380 DM 3.
(a) The CO shall insert the clause at 1452.204–70, Release of Claims, in all construction, architect and engineering, and cost-reimbursement contracts that exceed the SAT. The Release of Claims clause may be inserted in other types of contracts when the CO determines that the release is necessary to protect the interests of the Government.
(b) Form DI–137, Release of Claims, shall be used to obtain a release of claims.
Disposition of files shall be accomplished in accordance with 384 DM.
The DOI Departmental Library is responsible for maintaining a complete collection of Departmental publications. As used in this Subpart, the term “Departmental publication” means any publication or report produced under a DOI contract or Interagency agreement.
The CO shall direct the contractor, in the technical instructions, to acknowledge Federal sponsorship in the final report or publication by placing the following statement on the title page:
“This publication was funded by U.S. Department of the Interior, (Name of Bureau/Office), Washington, DC, under contract number_______.”
The following types of publications are excluded from the requirements of this Subpart:
(a) Internal documents required for administrative or operational purposes that have no public interest, educational, scientific, or research value;
(b) Classified publications and material otherwise marked prohibiting unauthorized disclosure;
(c) Tentative drafts such as preliminary planning reports that will appear later in revised or final form;
(d) Journal and magazine articles; or
(e) Disclosure materials containing any description, specification, data, plan, or drawing of any unpatented invention upon which a patent application is likely to be filed, unless an opinion by the SOL, or his/her duly authorized designee, has been rendered which finds that the interests of the Government will not be prejudiced by disclosure of such materials.
(a) The CO shall direct the contractor, in the technical instructions, to provide two copies of each publication or report produced under a contract to: U.S. Department of the Interior, Departmental Library, 1849 C Street, NW., MS–2258, Main Interior Bldg., Washington, DC 20240.
(b) A transmittal letter shall accompany the copies and identify the sender and the publication(s). The bibliographic information required by 481 DM 1.3B(4) shall be also included with the submission of all translations.