260:115-5-9. Retention of state agency acquisition records

A state agency shall retain all records relative to acquisitions and contracts in a reasonably accessible location and make such records available to the State Purchasing Director for review and OMES audit staff for audit purposes. Such records shall include but are not limited to justification for the acquisition, supporting documents, related information, contract, evaluations, protest information, performance information and written reports, The retention period for such records is for the duration of the contract term and for a period of seven (7) years following completion of performance and/or termination of the acquisition, provided all audits have been completed, all applicable audit reports have been accepted and resolved by all applicable federal and state agencies, and provided no legal action is pending. If an audit, litigation, or other action involving such records is started before the end of the seven (7) year period, the records shall be maintained for two (2) years from the date all issues arising from the audit, litigation or action are resolved or until the end of the seven (7) year retention period, whichever is later. The Purchasing Division shall retain records for acquisition it processes on behalf of an agency for the same retention period.