The company I work for has been requesting PCO approval to disclose contractual information to DCAA for audit requests if the Disclosure of Information clause is included in the contract. It appears that the clause is so broad that it prevents contractors from releasing information to the public or other government individuals who are not the PCO. Do you agree this meets the intent of the clause? Can you provide any regulatory reference or DoD policy memo that may narrow the scope of this clause or confirm that we have the correct reading?
As it relates to typical incurred cost audit requests, the exception in (a)(2) would only apply to a publicly posted RFP, but the auditors typically need the contract, modifications, invoices, etc. to conduct a routine audit. The awarded version of the contract as well as modifications and invoices contain contractor proprietary information, which is not going to be released to the public domain.
The prescription for the clause states: "Use the clause at 252.204-7000, Disclosure of Information, in solicitations and contracts when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public." The intent is to prevent "public disclosure"; The clause is not trying to address release of information within the Government.
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Please discuss this with your Government PCO. Although we do not believe it is necessary to go through your PCO to submit audit information to DCAA, any final decision on this interpretation of the clause must come from the PCO. The Federal Register Notice, Case 2012-D054 is at https://acc.dau.mil/CommunityBrowser.aspx?id=711254, that made the recent changes to this clause.