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. § 2102

Prohibitions on disclosing and obtaining procurement information

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(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).

Notes of Decisions
Cited in 25 cases (13 in the last 5 years), 2013–2026 · leading case: Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013).
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Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013). · cites it 2× “” 41 U.S.C. § 2102 (a)(1). “Federal agency procurement” is defined under the statute as “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.”
Res Rei Dev., Inc. v. United States, 126 Fed. Cl. 535 (Fed. Cl. 2016). · cites it 3× “Third, Res Rei contended that the agency improperly released the government’s independent cost estimate (IGCE) to the offerors who were eliminated from the competitive range, in violation of the Procurement Integrity Act (PIA), 41 U.S.C. § 2102 (a)(1). AR at 2237, 2260-61.”
Mitchco Int'l, Inc. v. United States, 26 F.4th 1373 (Fed. Cir. 2022). “C Mitchco next alleges that KOVR and Southern violated the PIA, 41 U.S.C. § 2102 , making KOVR ineligible to re- ceive the award.”
United States v. Bowling, 108 F. Supp. 3d 343 (E.D.N.C. 2015). · cites it 6× “The indictment also charges Kolhagen with disclosing source selection information in violation of 41 U.S.C. § 2102 (a) (count four). Id. 15-16 .”
Harkcon, Inc. v. United States, 132 Fed. Cl. 697 (Fed. Cl. 2017). “Bruce’s employment with Metris; (2) violation of the Procurement Integrity Act (“PIA”), 41 U.S.C. § 2102 (a)-(b) (2012); and (3) violation of FAR 15.”
Am. Small Bus. League v. Dep't of Def. & Dep't of Just., 372 F. Supp. 3d 1018 (N.D. Cal. 2019). · cites it 3× “41 U.S.C. §§ 2102 (a)(1), 2101(7)(J) (emphasis added).”
Abacus Tech. Corp. v. United States (Fed. Cl. 2023). · cites it 7× “The Release of Valdez’s Information Valdez argues that the Air Force’s accidental release of its labor categories “constituted a potential violation” of the PIA, 41 U.S.C. § 2102 et seq. (ECF 30-1 at 15.”
United States v. Nicole Schuster (3rd Cir. 2026). · cites it 6× “Here, the parties assumed that Appellant Nicole Schuster’s disclosure of information submitted as part of a past 2 procurement violated the statutory prohibition under 41 U.S.C. § 2102 (a)(1) (the Procurement Integrity Act (PIA)) of disclosing confidential bid information…”
United States v. Nicole Schuster (3rd Cir. 2026). · cites it 6× “Here, the parties assumed that Appellant Nicole Schuster’s disclosure of information submitted as part of a past 2 procurement violated the statutory prohibition under 41 U.S.C. § 2102 (a)(1) (the Procurement Integrity Act (PIA)) of disclosing confidential bid information…”
Insight Pub. Sector, Inc. v. United States (Fed. Cl. 2021). · cites it 4× “” 41 U.S.C. § 2102 (a)(1), (b). To establish a PIA violation, a Plaintiff must demonstrate that: (1) a government actor (2) knowingly disclosed a contractor’s “bid or proposal information or source selection information” (3) before the award of the contract “to which the…”
Mitchco Int'l, Inc. v. United States (Fed. Cl. 2020). · cites it 3× “41 U.S.C. § 2102 (a)(1)-(2). Mitchco thus concludes that the CO’s failure to address these allegations and his denial of Mitchco’s PIA protests were arbitrary, capricious, and contrary to law.”
CLC Constr. Co. (A.S.B.C.A. 2020). · cites it 2× “This alleged source selection information was conveyed in two emails sent by the government’s 2 Codified at 41 U.S.C. § 2102 , 2105 3 Codified at 41 U.”
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