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41 U.S.C. § 2102 — Prohibitions on disclosing and obtaining procurement information

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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.

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Source location: Title 41, Chapter 21, § 2102; chapter-021-chapter-21.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2105 — Penalties and administrative actions

**(a) Criminal Penalties.—** A person that violates [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) to exchange information covered by [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) for anything of value or to obtain or give a person a competitive advantage in the award of a Federal agency procurement contract shall be fined under title 18, imprisoned for not more than 5 years, or both. **(b) Civil Penalties.—** The Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of this title. On proof of that conduct by a preponderance of the evidence— (1) an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct; and (2) an organization is liable to the Federal Government for a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. **(c) Administrative Actions.—** (1) **Types of action that federal agency may take.—** — A Federal agency that receives information that a contractor or a person has violated section 2102, 2103, or 2104 of this title shall consider taking one or more of the following actions, as appropriate: (A) Canceling the Federal agency procurement, if a contract has not yet been awarded. (B) Rescinding a contract with respect to which— (i) the contractor or someone acting for the contracto

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2102 — Prohibitions on disclosing and obtaining

Page 67 TITLE 41—PUBLIC CONTRACTS § 2103 chance of being selected for award of a con- tract. (H) Rankings of bids, proposals, or com- petitors. (I) Reports and evaluations of source selec- tion panels, boards, or advisory councils. (J) Other information marked as ‘‘source selection information’’ based on a case-by- case determination by the head of the agen- cy, the head’s designee, or the contracting officer that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3727; Pub. L. 117–81, div. A, title XVII, § 1702(h)(10), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2101(1) ........ 41:423(f)(5). Pub. L. 93–400, § 27(f), 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. 662. 2101(2) ........ 41:423(f)(1). 2101(3) ........ 41:423(f)(3). 2101(4) ........ 41:423(f)(4). 2101(5) ........ 41:423(f)(7). 2101(6) ........ 41:423(f)(6). 2101(7) ........ 41:423(f)(2). Editorial Notes AMENDMENTS 2021—Par. (2)(A). Pub. L. 117–81 substituted ‘‘section 3701’’ for ‘‘section 2306a(h)’’. § 2102. Prohibitions on disclosing and obtaining procurement information (a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMATION.— (1) IN GENERAL.—Except as provided by law, a person descri

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