Overview
This section mandates that federal agencies preserve all evidence and documentation related to potential contingent fee violations to ensure that records remain available for enforcement and legal proceedings.
Key Rules
- Evidence Preservation: Agencies must save specific evidence of violations (as defined in 3.405(a)), all pertinent data, and a detailed log of any actions taken.
- Retention Timeline: Records must not be retired or destroyed until it is officially determined they are no longer required for enforcement purposes.
- Duplicate Documentation: If the original evidence is stored in a central agency file, a copy must also be maintained specifically within the relevant contract file.
Practical Implications
- Contracting officers must override standard record disposal schedules when a contingent fee violation is suspected, ensuring a permanent audit trail for investigators and legal counsel.
- Maintenance of these records serves as a critical safeguard for the government during litigation or when seeking to recover improper payments.