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41 U.S.C. § 4702 — Prohibition on release of contractor proposals
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(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.
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Stable record: federal_law:legal_authorities:record_usc_9d3eddf40436000d315eee6b
Source file: Laws/federal/codes/united-states-code/title-41/section-4702-prohibition-on-release-of-contractor-proposals--d450097441.md
Pages: Not recorded – Not recorded
Passage SHA-256: 437ee6ae7f7ada03e02cbbe96a99a31821c503226a40db23903f25c3e97ee38e
Source location: Title 41, Chapter 47, § 4702; chapter-047-chapter-47.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement authority** Subject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence.
**(b) In general** Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall—
(1) enter into contracts to carry out the functions set forth in [section 1018(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1018/b/2&num=0&edition=prelim);
(2) obtain the services of experts and consultants without regard to [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) and set pay in accordance with such section; and
(3) through the Chief Operating Officer—
(A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and
(B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.
**(c) Service contracts**
(1) **Performance-based servicing contracts** — The Chief Operating Officer shall, to the extent practicable, maximize the use of performance-based servicing contracts, consistent with guidelines for such contracts published by the Office of Federal Procurement Policy, to achieve cost savings and improve service.
(2) **Fee for service arrangements** — The Chief Operating Officer shall, when appropr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1018a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Individual or Class Determinations and Decisions Authorized.—**
(1) **In general.—** — Determinations and decisions required to be made under this division by the head of an executive agency or provided in this division or chapters 1 to 11 of title 40 to be made by the Administrator of General Services or other agency head may be made for an individual purchase or contract or, except for determinations or decisions made under sections 3105, 3301, 3303 to 3305, 3306(a)–(e), and 3308, chapter 37, and [section 4702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4702&num=0&edition=prelim) or to the extent expressly prohibited by another law, for a class of purchases or contracts.
(2) **Delegation.—** — Except as provided in [section 3304(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a/7&num=0&edition=prelim), and except as provided in section 121(d)(1) and (2) of title 40 with respect to the Administrator of General Services, the agency head, in the discretion and subject to the direction of the agency head, may delegate powers provided by this division or chapters 1 to 11 of title 40, including the making of determinations and decisions described in paragraph (1), to other officers or officials of the agency.
(3) **Finality.—** — The determinations and decisions are final.
**(b) Written Findings.—**
(1) **Basis for certain determinations.—** — Each determination or decision under section 3901, 3905, 4503, or 4706(d)(2)(B) of this title shall be based on a written finding by the individual making the determination or decision. A finding under section 4503 or 4706(d)(2)(B) shall set out facts and circumstances that support the determination or decision.
(2) **Final
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Status.—** Amtrak—
(1) is a railroad carrier under section 20102(2) 11 See References in Text note below. and chapters 261 and 281 of this title;
(2) shall be operated and managed as a for-profit corporation; and
(3) is not a department, agency, or instrumentality of the United States Government, and shall not be subject to title 31.
**(b) Principal Office and Place of Business.—** The principal office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which Amtrak carries out an activity authorized under this part. Amtrak shall accept service of process by certified mail addressed to the secretary of Amtrak at its principal office and place of business. Amtrak is a citizen only of the District of Columbia when deciding original jurisdiction of the district courts of the United States in a civil action.
**(c) Application of Subtitle IV.—** Subtitle IV of this title shall not apply to Amtrak, except for sections 11123, 11301, 11322(a), 11502, and 11706. Notwithstanding the preceding sentence, Amtrak shall continue to be considered an employer under the Railroad Retirement Act of 1974, the Railroad Unemployment Insurance Act, and the Railroad Retirement Tax Act.
**(d) Application of Safety and Employee Relations Laws and Regulations.—** Laws and regulations governing safety, employee representation for collective bargaining purposes, the handling of disputes between carriers and employees, employee retirement, annuity, and unemployment systems, and other dealings with employees that apply to a rail carrier subject to part A of subtitle IV of this title apply to Amtrak.
**(e) Application of Certain Additional Laws.—** [Section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24301
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Federal law — U.S. Code and appendices · legal_authorities
Page 139
TITLE 41—PUBLIC CONTRACTS
§ 4703
cy. The period begins on the date of the deter-
mination or decision to which the finding re-
lates.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3793.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4701 ............
41:257.
June 30, 1949, ch. 288, title
III, § 307, 63 Stat. 396; Pub.
L. 85–800, § 5, Aug. 28, 1958,
72 Stat. 967; Pub. L. 89–343,
§§ 3, 4, Nov. 8, 1965, 79 Stat.
1303; Pub. L. 98–369, title
VII, § 2714(a)(4), July 18,
1984, 98 Stat. 1184; Pub. L.
104–106,
title
XLIII,
§ 4321(e)(6), Feb. 10, 1996,
110
Stat.
675;
Pub.
L.
104–316, title I, § 121(c),
Oct. 19, 1996, 110 Stat. 3836.
41:262.
June 30, 1949, ch. 288, title
III, § 312, as added Pub. L.
103–355, title I, § 1553, Oct.
13, 1994, 108 Stat. 3300.
§ 4702. Prohibition on release of contractor pro-
posals
(a) DEFINITION.—In this section, the term ‘‘pro-
posal’’ 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 incor-
porated by reference in a contract entered into
between the agency and the contractor that sub-
mitted the proposal.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3794.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (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
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4702
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.