Title 41 — Public ContractsRelease 119-73
§4702 Prohibition on release of contractor proposals
Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 47— - MISCELLANEOUS › § 4702
Summary
Federal agencies must not release a contractor’s proposal under section 552 of title 5 when the proposal was sent in response to a competitive solicitation. Proposal — a technical, management, or cost plan a contractor sends to answer a competitive request. The rule does not apply if the proposal is included in, or referred to in, the contract the agency signs with that contractor.
Full Legal Text
Title 41, §4702
Public Contracts — Source: USLM XML via OLRC
(a)In this section, the term “proposal” means a proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.
(b)A proposal in the possession or control of an executive agency may not be made available to any person under section 552 of title 5.
(c)Subsection (b) does not apply to a proposal that is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4702(a)41:253b(m)(3).June 30, 1949, ch. 288, title III, § 303B(m), as added Pub. L. 104–201, title VIII, § 821(b), Sept. 23, 1996, 110 Stat. 2609. 4702(b)41:253b(m)(1). 4702(c)41:253b(m)(2). In subsection (b), the words “Except as provided in paragraph (2)” are omitted as unnecessary.
Reference
Citations & Metadata
Citation
41 U.S.C. § 4702
Title 41 — Public Contracts
Last Updated
Apr 6, 2026
Release point: 119-73