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 described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procure- ment contract to which the information re- lates. (2) EMPLOYEE OF PRIVATE SECTOR ORGANIZA- TION.—In addition to the restriction in para- graph (1), an employee of a private sector or- ganization assigned to an agency under chap- ter 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 Fed- eral Government with respect to, a Federal agency procurement; and (B) by virtue of that office, employment, or relationship has or had access to con- tractor bid or proposal information or source selection information. (b) PROHIBITION ON OBTAINING PROCUREMENT INFORMATION.—Except as provided by law, a per- son shall not knowingly obtain contractor bid or proposal information or source selection infor- mation 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). § 2103. Actions required of procurement officers when contacted regarding non-Federal em- ployment (a) ACTIONS REQUIRED.—An agency official par- ticipating personally and substantially in a Fed- eral agency procurement for a contract in excess of the simplified acquisition threshold who con- tacts or is contacted by a person that is a bidder or offeror in that Federal agency procurement regarding possible non-Federal employment for that official shall— (1) promptly report the contact in writing to the official’s supervisor and to the designated agency ethics official (or designee) of the agency in which the official is employed; and (2)(A) reject the possibility of non-Federal employment; or (B) disqualify himself or herself from further personal and substantial participation in that Federal agency procurement until the agency authorizes the official to resume participation in the procurement, in accordance with the re- quirements of section 208 of title 18 and appli- cable agency regulations on the grounds that— (i) the person is no longer a bidder or offer- or in that Federal agency procurement; or (ii) all discussions with the bidder or offer- or regarding possible non-Federal employ- ment have terminated without an agreement or arrangement for employment. (b) RETENTION OF REPORTS.—The agency shall retain each report required by this section for not less than 2 years following the submission of the report. The reports shall be made available to the public on request, except that any part of a report that is exempt from the disclosure re- quirements of section 552 of title 5 under sub-