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Title 41 — Public ContractsRelease 119-73

§2102 Prohibitions on disclosing and obtaining procurement information

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 21— - RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION › § 2102

Last updated Apr 6, 2026|Official source

Summary

People who work for or help the federal government must not knowingly share or get contractor bids, proposals, or source-selection details before a contract is awarded, unless another law allows it. A private-sector employee assigned to an agency under chapter 37 of title 5 also must not disclose those details for 3 years after the assignment ends, unless law allows it. Covered people include present or former federal officials; people who act for, work for, or advise the government on a procurement; and anyone who, because of their job or relationship, had access to those bids or source-selection details.

Full Legal Text

Title 41, §2102

Public Contracts — Source: USLM XML via OLRC

(a)(1)Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
(2)In addition to the restriction in paragraph (1), an employee of a private sector organization assigned to an agency under chapter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
(3)Paragraph (1) applies to a person that—
(A)(i)is a present or former official of the Federal Government; or
(ii)is acting or has acted for or on behalf of, or who is advising or has advised the Federal Government with respect to, a Federal agency procurement; and
(B)by virtue of that office, employment, or relationship has or had access to contractor bid or proposal information or source selection information.
(b)Except as provided by law, a person shall not knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2102(a)41:423(a).Pub. L. 93–400, § 27(a), (b), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 659; Pub. L. 107–347, title II, § 209(d)(4), Dec. 17, 2002, 116 Stat. 2930. 2102(b)41:423(b).

Reference

Citations & Metadata

Citation

41 U.S.C. § 2102

Title 41 — Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73