[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR100.18]

[Page 425]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 100--COST RECOVERY REGULATIONS, COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT OF 1994--Table of Contents
 
Sec. 100.18  Audit.

    (a) General. In order to evaluate the accuracy, completeness, and 
timeliness of the cost data, the FBI or other representatives of the 
Government shall have the right to examine and audit all of the 
carrier's supporting materials.
    (1) These materials include, but are not limited to books, records, 
documents, and other data, regardless of form (e.g., machine readable 
media such as disk, tape) or type (e.g., data bases, applications 
software, data base management software, utilities), including 
computations and projections related to proposing, negotiating, costing, 
or performing CALEA compliance efforts or modifications.
    (2) The right of examination shall extend to all documents necessary 
to permit adequate evaluation of the cost data submitted, along with the 
computations and projections used.
    (b) Audits of request for payment. The carrier shall maintain and 
the FBI or representatives of the Government shall have the right to 
examine and audit supporting materials.
    (1) These materials include, but are not limited to, books, records, 
documents, and other evidence and accounting procedures and practices, 
regardless of form (e.g., machine readable media such as disk, tape) or 
type (e.g., date bases, applications software, data base management 
software, utilities), sufficient to reflect properly all costs claimed 
to have been incurred, or anticipated to be incurred, in performing the 
CALEA compliance effort.
    (2) This right of examination shall include inspection at all 
reasonable times of the carrier's plants, or parts of them, engaged in 
performing the effort.
    (c) Reports. If the carrier is required to furnish cost, funding, or 
performance reports, the FBI or representatives of the Government shall 
have the right to examine and audit books, records, other documents, and 
supporting materials, for the purpose of evaluating the effectiveness of 
the carrier's policies and procedures to produce data compatible with 
the objectives of these reports and the data reported.
    (d) Availability. The carrier shall make available at its office at 
all reasonable times the costs and support material described herein, 
for examination, audit, or reproduction, until three (3) years after 
final reimbursement payment. In addition,
    (1) If the CALEA compliance effort is completely or partially 
terminated, the records relating to the work terminated shall be made 
available for three (3) years after any resulting final termination 
settlement; and
    (2) Records relating to appeals, litigation or the settlement of 
claims arising under or relating to the CALEA compliance effort shall be 
made available until such appeals, litigation, or claims are disposed 
of.
    (e) Subcontractors. The carrier shall ensure that all terms and 
conditions herein are incorporated in any agreement with a subcontractor 
that may be utilized by the carrier to perform any or all portions of 
the agreement.