PRIA Logo™
Title 41, Public ContractsRelease 119-110

§2102 Prohibitions on Disclosing and Obtaining Procurement Information

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

Last updated Sep 22, 2026|Official source

Summary

People who are current or former federal officials, or who worked for or advised the government on a federal procurement and had access to bid or proposal details or information used to pick a winner, must not knowingly share those bid, proposal, or selection details before the contract is awarded, unless the law allows it. A private-sector employee assigned to an agency under chapter 37 of title 5 also must not share that information while assigned and for 3 years after the assignment ends, unless allowed by law. Also, no one may knowingly get or try to get those bid, proposal, or selection details before the contract is awarded, unless the law allows it.

Full Legal Text

Title 41, §2102

Public Contracts, Source: USLM XML via OLRC

(a)Prohibition on Disclosing Procurement Information.—
(1)In general.—
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)Employee of private sector organization.—
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)Application.—
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)Prohibition on Obtaining Procurement Information.—
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

Sep 22, 2026

Release point: 119-110