Title 41Public ContractsRelease 119-73not60

§4702 Prohibition on Release of Contractor Proposals

Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 47— MISCELLANEOUS › § 4702

Last updated Apr 5, 2026|Official source

Summary

Agencies must not give out contractors’ proposals under 5 U.S.C. 552. "Proposal" means a contractor's technical, management, or cost offer sent for a competitive solicitation; the rule doesn't apply if the proposal is put into or referenced by the contract.

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 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60