CMS Contractor Litigation Hold Certification Requirements

30.60.1 - CMS Contractor Litigation Hold Certification Requirements (Rev. 13718; Issued: 04-10-26; Effective: 05-11-26; Implementation: 09-14-26) When a Contractor receives a CMS Litigation Hold Memorandum from their contracting officer, the Contractor must immediately implement the litigation hold requirements and provide certification of compliance. The memorandum will be shared with Contractors when CMS components identify that the Contractor may possess potentially responsive documents relevant to ongoing or anticipated litigation. Upon receipt of the litigation hold memorandum, Contractors must follow these steps: • Immediately suspend all routine destruction or disposal of potentially responsive documents • Notify relevant personnel within the Contractor's organization about the litigation hold requirements • Implement preservation measures for all identified document categories and types • Conduct a comprehensive search for potentially responsive documents across all systems and storage locations • Maintain detailed records of all preservation actions taken • Provide written certification to CMS confirming implementation of the litigation hold by completing and signing the CMS Contractor Litigation Hold Certification & Information Form • Provide names of identified litigation hold custodians within their organization to the COR • Report any challenges or issues in implementing the hold to the CMS contracting officer Contractors must ensure full compliance with the litigation hold requirements until formally notified by CMS that the hold has been lifted. Failure to properly implement and maintain litigation hold requirements may result in legal consequences and potential contract violations.