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  • Question

    Contractor refuses to submit disclosure statement. What can an ACO do to have the contractor submit the disclosure statement. Punitive damages was considered but on what contracts, since we have no authoirty under the Boenig contract in which Overwatch is the subcontractor.


    Answer

    I would consider raising the issue through your DCMA chain of command who might also refer it to the prime contractor's ACO. From your description it would appear that the prime contractor has made a contract (modification) award, or is contemplating such an award, without having the necessary disclosure statement being made available from the subcontractor. Such an issue could become an item for review of the prime contractor's purchasing system.

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