U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division B— Office of Federal Procurement Policy › Chapter CHAPTER 21— RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION

41 U.S.C. § 2101

Definitions

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In this chapter:(1)Contracting officer.—The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract.(2)Contractor bid or proposal information.—The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:(A) Cost or pricing data (as defined in section 3701 of title 10 with respect to procurements subject to that section and section 3501(a) of this title with respect to procurements subject to that section).(B) Indirect costs and direct labor rates.(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation.(3)Federal agency.—The term “Federal agency” has the meaning given that term in section 102 of title 40.(4)Federal agency procurement.—The term “Federal agency procurement” means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds.(5)Official.—The term “official” means—(A) an officer, as defined in section 2104 of title 5;(B) an employee, as defined in section 2105 of title 5; and(C) a member of the uniformed services, as defined in section 2101(3) of title 5.(6)Protest.—The term “protest” means a written objection by an interested party to the award or proposed award of a Federal agency procurement contract, pursuant to subchapter V of chapter 35 of title 31.(7)Source selection information.—The term “source selection information” means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:(A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.(B) Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices.(C) Source selection plans.(D) Technical evaluation plans.(E) Technical evaluations of proposals.(F) Cost or price evaluations of proposals.(G) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(H) Rankings of bids, proposals, or competitors.(I) Reports and evaluations of source selection 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 agency, 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 NotesAmendments

2021—Par. (2)(A). Pub. L. 117–81 substituted “section 3701” for “section 2306a(h)”.

Notes of Decisions
Cited in 22 cases (13 in the last 5 years), 2015–2026 · leading case: United States v. Bowling, 108 F. Supp. 3d 343 (E.D.N.C. 2015).
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United States v. Bowling, 108 F. Supp. 3d 343 (E.D.N.C. 2015). · cites it 12× “Section 2101(7) then lists ten types of information, including “source selection plans,” “technical evaluation plans,” “cost or price evaluations of proposals,” “rankings of bids, proposals, or competitors,” and a catch-all provision for information that the government marked as…”
DynCorp Int'l v. AAR Airlift Grp., Inc., 664 F. App'x 844 (11th Cir. 2016). “On May 4,2015—the same day Dieterle delivered the Cline email and attachment to the State Department contracting officer—DynCorp notified the same State Department contracting officer that AAR had obtained DynCorp trade secrets relating to the WASS competition, which DynCorp…”
Am. Small Bus. League v. Dep't of Def. & Dep't of Just., 372 F. Supp. 3d 1018 (N.D. Cal. 2019). · cites it 2× “See 41 U.S.C. § 2101 (7)(J) ("information marked as 'source selection information' based on a case-by-case determination") (emphasis added).”
CLC Constr. Co., ASBCA No. 59110 (A.S.B.C.A. Apr. 15, 2020). · cites it 3× “41 U.S.C. § 2101 (2), (7). A. Receipt of The Internal Government Cost Estimate Is Not A Violation of The PIA Appellant in its response does not dispute that it received the estimate as the government asserts, instead it argues that it did not “knowingly” receive the estimate…”
Sagam Securite Senegal v. United States, No. 21-1138, 2021 WL 3140559 (Fed. Cl. July 26, 2021). · cites it 3× “The PIA provisions that forbid a disclosure of the type made here are found at 41 U.S.C. §§ 2101 (2), 2102(a). Simply put, according to these provisions, a procurement official may not disclose one bidder’s competition-sensitive proposal features, as enumerated in section…”
Torres Advanced Enter. Solutions, LLC v. United States, No. 17-868 (Fed. Cl. Oct. 2, 2017). · cites it 2× “41 U.S.C. § 2101 (7) (2012); accord Federal Acquisition Regulation (“FAR”) 2.”
Abacus Tech. Corp. v. United States, No. 22-388 (Fed. Cl. Feb. 10, 2023). · cites it 2× “” 41 U.S.C. § 2101 (2)(D). 23 FAR 3.104-7(a)(1) imposes reporting requirements on contracting officers who become aware of a possible PIA violation, even if a contracting officer determines no violation has occurred: A contracting officer who receives or obtains information of a…”
Monbo v. United States, No. 24-2083, 2025 WL 704402 (Fed. Cl. Jan. 8, 2025). · cites it 2× “2 Pursuant to 41 U.S.C § 2101(7), “source selection information” is “information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or…”
Oracle Am., Inc. v. United States, No. 18-1880 (Fed. Cl. Jan. 28, 2019). “For instance, Oracle’s request that the government include the entire contents of DoD’s JEDI Cloud Google Drive would serve no other purpose other than to reveal, document by document, exactly what information the two former employees had access to during their DoD employment.”
Trax Int'l Corp. v. United States, No. 19-685 (Fed. Cl. Aug. 27, 2019). “Way moved to her laptop from the accounting folder that was on the Z-Drive, but instead only reviewed those contained in the subfolders entitled “Contract Functional Review” and “Resumes”; (2) he failed to determine at the time of the investigation whether any of the information…”
Tolliver Grp., Inc. v. United States, No. 20-1108 (Fed. Cl. Nov. 30, 2020). “§ 3556 (explaining that “nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims”); see also 41 U.S.C. § 2101 (6) (“The term ‘protest’…”
Tolliver Grp., Inc. v. United States, No. 20-1108 (Fed. Cl. Nov. 30, 2020). “§ 3556 (explaining that “nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims”); see also 41 U.S.C. § 2101 (6) (“The term ‘protest’…”
Show all 22 citing cases →
41 U.S.C. § 2101(7): 1 case
Monbo v. United States, No. 24-2083, 2025 WL 704402 (Fed. Cl. Jan. 8, 2025). “2 Pursuant to 41 U.S.C § 2101(7), “source selection information” is “information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or…”
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