Are records created by federal contractors considered federal records?

The Short Answer

Often, yes. The status of a record does not depend on who physically created it or where it is stored. It depends on the function the record serves. When a contractor makes or receives material while carrying out an agency’s mission or business on the government’s behalf, that material can be a federal record subject to the same management requirements as records created by agency employees.

Why Authorship Alone Does Not Decide It

Federal records law defines records by their content and use, not by the badge of the person who made them or the ownership of the equipment involved. A contractor working on a government contract is, for recordkeeping purposes, often acting in the agency’s place. The general principle is straightforward: if the material documents the agency’s activities, decisions, or transactions, the agency remains responsible for it.

Several factors typically point toward record status:

• The work is performed on behalf of the agency under a contract or task order.
• The material documents agency functions — deliverables, communications about the work, data generated for the agency, or decisions made in carrying out the contract.
• The agency would need the material to conduct business, meet legal obligations, or be accountable to the public.

The Agency Remains Accountable

Outsourcing work does not outsource recordkeeping responsibility. The agency must ensure that records created or held by a contractor are identified, captured, scheduled, retained, and ultimately dispositioned according to an approved schedule — just as it would for internally created records. In practice, this is usually addressed through contract clauses that require the contractor to deliver records to the agency, protect them, and avoid destroying them without authorization.

Contractor-held records can also fall within the scope of access and transparency obligations. If a record meets the definition of an agency record under the agency’s control, it may be reachable through public-access processes, which is another reason agencies plan for contractor recordkeeping up front.

Practical Takeaway

Treat the question as functional, not custodial. Ask what the material documents and on whose behalf it was created. Build recordkeeping expectations into the contract itself, and confirm how and when contractor records return to agency control.

For related guidance, see the federal records topic hub.