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B-192406 1 (1978-12-01)

handle is hein.gao/gaobachmh0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 16 WASHINGTON, D.C. 2058 B-192406 December 1, 1978 The Honorable Newtoi I. Steers, Jr. House of Representatives Dear Mr. Steers: This is in reply to your letter of October 17, 1978, requesting that we reconsicr the conclusion stated in our decision of October 12, 1978, B-192406, that the files and work papers of the law firm of Rogovin, Stern, and Huge (Rogovin) retain their private character unless they are voluntarily submitted to the Civil Service Commission with its final report, since they are not necessarily required to be submitted to the Commission pursuant to the contract between these two parties. You also requested that we perform an investigative audit of Rogovin's performance of this contract and related matters. We have reviewed our position concerning the nature of Rogovin's work papers and files, and believe that our original conclusion is correct. Documents produced by a contractor in carrying out the terms of a contract do not automatically become Government records, unless the contract specifically provides that the supporting documentation as well as the report itself must be submitted together. Documents not required to be submitted but which the contractor chooses to submit to the agency, or which are required to be submitted but not until a specified future date, may be considered Government records but not until the contractor relinquishes control of the materials and submits them to the agency. In additi n to the authorities cited in our earlier letter, see , v.GCentral Intelligce Agency, Civil No. 76-1800 (D.C. Cir., May 23, 1978); __ v.Califano, Civil No. 76-1308 (D.C. Cir., July 11, 1978), construing je term agency records, for purposes of the Freedom of Information Act. v' VS C- 5S. In this case, the contract provides that all of Rogovin's files considered by Rogovin to be relevant to the'findings in its final report will remain within the sole control of Rogovin for 3 years after the submission of the final report. Contract: Methods and Procedures, section B.I.(c). At the conclusion of this period, these documents will be submitted to the Commission and will then ecome agency V, records subject to both the Federal Records Act and the Freedom of Information Act(FOIA). All such relevant documents are required by ' : . . . . . -. . . . . .-*.--, . . . . .

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