Prohibitions on disclosing and obtaining procurement information

  1. Law
  2. USC 41
  3. Public Contracts
  4. Federal Procurement Policy
  5. Office of Federal Procurement Policy
  6. RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION
  7. Prohibitions on disclosing and obtaining procurement information

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§2102. Prohibitions on disclosing and obtaining procurement information

(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.

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

Historical and Revision Notes
Revised

Section

Source (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).


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