Nancy Ur asked: 

"I'm wondering if you'd share your 
handling of contract clauses that speak to the disposition of records
upon 
contract expiration, for records either created or received by contract
vendors 
on behalf of your company.  I'd like to know if anyone requires the
vendor to  
return the records to your company, whereby the records are incorporated

into your RRS. Your comments are much appreciated!"

I think this is an area ripe for improvement.  If you do business with
the US Government, you're required to flow down to subcontractors all
requirements (including those for records maintenance and retention)
that you are held responsible for by our friends in Washington, DC.  If
you do not, then you are liable for any problems.  

I strongly believe that anyone who subcontracts goods and services needs
to evaluate whether records will be created as part of that subcontract
and, if so, spell out in the contract's terms & conditions what those
obligations are.  

However, during my stint in aerospace I ran into a lot of resistance
from management to doing this.  Much of the resistance was, I believe,
traceable to the fact that these subcontracts were already in existence
(and no one wanted to risk reopening negotiations).

From a records perspective, it should be pretty clear cut: Evaluate your
organization's obligations regarding records for outsourced good and
services.  Establish a separate Records clause in the terms & conditions
that spells out these requirements and how the subcontractor needs to
support them.

Decisions to NOT do this would be based on risk management assessments.

One woman's opinion, anyway.

Pilar C. McAdam, CRM
[log in to unmask]
Los Angeles, CA
 
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Pilar C. McAdam, CRM
Director of Business Intake and Records
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Fax: 213.443.2703


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