On Nov 6, 2007 11:58 AM, Steve Petersen <[log in to unmask]>
wrote:

> Can someone point me to the section of the CFR that provides the
> applicability of the code to Government contractors.  After Larry's
> reference to the RM section last week I went out to read it and it speaks
> of agencies.  When I look for applicability of contractors I really don't
> find anything specific.  When we had research done on our retention
> schedules sections of the CFR are cited as requirements but my question is
> more general.


For the general requirements, see 36CFR 1222.48 "Data created or received
and maintained for the Government by Contractors"


 It makes a huge difference in how ERM will be done and
> structured in my company if the RM section applies.  It also gives us
> leverage on being involved in the procedural discussions related to ECM.
> I've done some outside research and have come up empty and am again
> turning to the wisdom of the group.


With specific attention to Electronic records, see 36CFR, 1234 Subpart B,
Section 1234.10 (k) "Agency responsibilities" where it states

"Establishing procedures to ensure that the requirements of this part are
applied to those electronic records that are created or maintained by
contractors."

Also in 36CFR, 12344.32 (a) "Retention and disposition of electronic
records" where it states

"...The information in electronic information systems, including those
operated for the Government by a contractor, shall be scheduled as soon as
possible but no later than one year after implementation of the system."

With respect to storage of records and protections to be provided while in
storage, see 36CFR 1228.222 (a) "What does this part cover?" where it states

(a) This subpart covers the establishment, maintenance, and operation of
records centers, whether Federally-owned and operated by NARA or another
Federal agency, or Federally-owned and contractor operated.

(Examples would include where a contractor operates a facility on behalf of,
and funded by, a Federal Agency, which would include leased space)

Larry

-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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