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Disclosure Statement Submission Timelines

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To-date our company has no CAS covered contracts and we have never submitted a CAS disclosure statement previously. 
Our company recently submitted a proposal which was >$50M and in a NAICS where we are considered a large business. We are concerned that we may have made a mistake by not submitting a disclosure statement with the proposal.
In our proposal Section K certification for FAR 52.230-1 Part I we selected the “Certificate of Monetary Exemption” option.  When we were completing the proposal we thought this was the correct action since the words in this paragraph of the clause describe our situation.  We thought that we were exempt from including the disclosure statement with our proposal, and that we were required to submit only before award or shortly after (see CFR 9903.202(b)).
However, since submitting our proposal, it has come to our attention that the FAR/CFR regulations can be interpreted in a way which requires that the disclosure statement be submitted with the proposal.
  1. Were we required to submit the CAS disclosure statement with our proposal, or was our initial interpretation correct and its due only before award or shortly after in accordance with CFR 9903.202(b)?
  2. Do you think the contracts office will/could consider us non-responsive and throw out our proposal for this sole issue?
  3. I assume that if we submitted a disclosure statement now that it could not be included in the evaluation.  Is that correct?
Reference Materials:
1.  FAR 52.230-1
2. CFR Part 9903 – Contract Coverage:

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Have you read the DCAA Contract Audit Manual, Chapter 8? It has a very useful flowchart.

1. Per DCAA CAM, Chapter 8: "Any business unit (as defined in CAS 410.30(a)(2)) that is selected to receive a CAS-covered contract or subcontract of $50 million or more, including option amounts, shall submit a Disclosure Statement before award."

2. FAR 30.202-6:


(a) The contracting officer is responsible for determining when a proposed contract may require CAS coverage and for including the appropriate notice in the solicitation. The contracting officer must then ensure that the offeror has made the required solicitation certifications and that required Disclosure Statements are submitted. (Also see 48 CFR 9903.201-3 and 9903.202 (FAR Appendix).)

(b) The contracting officer shall not award a CAS-covered contract until the cognizant Federal agency official (CFAO) has made a written determination that a required Disclosure Statement is adequate unless, in order to protect the Government's interest, the agency head, on a nondelegable basis, authorizes award without obtaining submission of the required Disclosure Statement (see 48 CFR 9903.202-2). In this event, the contractor shall submit the required Disclosure Statement and the CFAO shall make a determination of adequacy as soon as possible after the award.

(c) The cognizant auditor is responsible for conducting reviews of Disclosure Statements for adequacy and compliance.

(d) The CFAO is responsible for issuing determinations of adequacy and compliance of the Disclosure Statement


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Andy, contractors are not subject to the CAS, contracts are.  Have you looked to see if a CAS exemption applies to this contract?  Those exemptions can be found in the CASB's rules at 9903.201-1.  Merely because the contract will exceed $50M, does not automatically make it CAS covered.

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