2018 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy
Division B - Office of Federal Procurement Policy
Chapter 21 - Restrictions on Obtaining and Disclosing Certain Information
Sec. 2102 - Prohibitions on disclosing and obtaining procurement information

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Citation 41 U.S.C. § 2102 (2018)
Section Name §2102. Prohibitions on disclosing and obtaining procurement information
Section Text

(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.

Source Credit

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3728.)

Editorial Notes
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).
Publication Title United States Code, 2018 Edition, Title 41 - PUBLIC CONTRACTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 41 - PUBLIC CONTRACTS
Subtitle I - Federal Procurement Policy
Division B - Office of Federal Procurement Policy
CHAPTER 21 - RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION
Sec. 2102 - Prohibitions on disclosing and obtaining procurement information
Contains section 2102
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 102 Stat. 4063
103 Stat. 1495
104 Stat. 1720
105 Stat. 121
108 Stat. 3397
110 Stat. 659
116 Stat. 2930
124 Stat. 3728
Public Law References Public Law 93-400, Public Law 100-679, Public Law 101-189, Public Law 101-510, Public Law 102-25, Public Law 103-355, Public Law 104-106, Public Law 107-347, Public Law 111-350
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