Title 41, Public ContractsRelease 119-110
§4702 Prohibition on Release of Contractor Proposals
Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 47 — MISCELLANEOUS › § 4702
Summary
Government agencies must not release contractor proposals under records law, unless the proposal is included or referenced in a contract. "Proposal" means a technical, management, or cost offer submitted in response to a competitive solicitation.
Full Legal Text
Title 41, §4702
Public Contracts, Source: USLM XML via OLRC
(a)Definition.—
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)Prohibition.—
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)Nonapplication.—
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
Sep 22, 2026
Release point: 119-110