112PROJECT RECORDS

112.01SCOPE—This section pertains to all project records that were used to prepare and compute the

bid; to prepare all schedules used on the project; to record the progress of work on the project; and to record, compute and/or analyze all costs incurred on the project, including those used in the preparation or presentation of claims to the Department or the Board of Claims.

112.02DEFINITION—Charts, graphs, cross-sections, plans, photographs, schedules, reports, accounting

statements, accounting ledgers, balance sheets, bid sheets, take -off sheets, cost estimates, cost records, payroll records, financial documents, notes, memoranda, correspon dence, and all other records, whether typewritten, handwritten, computerized, microfilmed, photographed, or recorded, that were prepared by or received by the Contractor.

112.03RETENTION PERIOD—Retain the aforementioned project records for a period of 3 years from the

date of receipt of final payment with the following exception:

• If any litigation, claim, or audit is started before the expiration of the 3 -year period, retain the records until all litigations, claims, or audit findings involving the records have been resolved.

112.04INSPECTION—Upon written notice by the Representative or an authorized agent acting on behalf

of the Department, make available all requested project records for inspection and copying by Department personnel or those authorized to act on its behalf. Make such records avai lable at a reasonable time and place. Refusal or repeated failure to present requested project records for inspection or copying may be considered grounds for declaring the Contractor in default and may be considered against prequalification for work on future projects. Exempt from this section are all project records, which under the Pennsylvania Rules of Civil Procedure, are deemed confidential and, therefore, exempt from discovery.

112.05RELEASE OF ELECTRONIC VERSION OF PROJECT PLAN FILES--After executing the Contract

the Department may, if requested in writing, provide the existing available electronic version of the project plan files (the Commonwealth of Pennsylvania's (Commonwealth’s) Intellectual Property) to the Contractor subject to the terms and conditions of this specification. The Department's Project Manager will determine the content of the electronic files to be released. The Department does not warrant or guarantee the information and data in the electronic version of the project plan files as a substitute for the sound engineering judgment of the Contractor. Do not assume any proprietary rights to or interest in the Commonwealth's Intellectual Property. Hold, maintain, and protect the Commonwealth's Intellectual Property in the strictest confidence. Do not transfer any translated or converted form of the information or data in any manner without written permission of the Department. Do not copy, distribute, sell, rent, sub-license, or lease the Commonwealth's Intellectual Property to any third parties or use the files or any translated or converted form of the files to produce, market, or support Contractor owned products. The provisions set forth in this paragraph are not intended to supplant a Contractor's right to allow access to its sub-contractors. After payment of the final invoice for work and services provided by the Contractor as part of the Contract, one electronic copy of the information and data contained in the Commonwealth's Intellectual Property or any translated or converted form of its Intellectual Property may be retained for archival purposes only. However, all rights in the Intellectual Property including documents, sketches, drawings, designs, papers, reports, computer programs, data, computer documentation, and other tangible materials authored , prepared and transmitted by the Department constitute and remain the Intellectual Property of the Commonwealth.

The electronic version of the project plan files are provided by the Department, "AS IS," without any covenant, representation or warranty of any kind or nature whatsoever, express or implied. Indemnify and hold harmless the Department, its officials and e mployees for any injury to the person or property of third parties arising out of the use of or any defect in the Commonwealth's Intellectual Property or any translated or converted form of these files or any accompanying documentation. All copies of t he Commonwealth's Intellectual Property remain the property of the Commonwealth, acting through Department, and any rights involving the copyright law, patent law, trademark law, and trade secret law remain with the Commonwealth. All goodwill remains with the Commonwealth.

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