U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division C— Procurement › Chapter CHAPTER 47— MISCELLANEOUS

41 U.S.C. § 4702

Prohibition on release of contractor proposals

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 41 CasesGoogle Scholar
(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.(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.(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 Stat. 2609.

4702(b)

41:253b(m)(1).

4702(c)

41:253b(m)(2).

In subsection (b), the words “Except as provided in paragraph (2)” are omitted as unnecessary.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2013–2025 · leading case: Hodes v. U.S. Dep't of Treasury, 967 F. Supp. 2d 369 (D.D.C. 2013).
Sort: Relevance Newest Treatment
Hodes v. U.S. Dep't of Treasury, 967 F. Supp. 2d 369 (D.D.C. 2013). · cites it 11× “# 14-2] at 1, and the government has identified 41 U.S.C. § 4702 , the prohibition against the release of contractor proposals, as the statute that supplies the basis for the claimed exemption, Def.”
Lenahan v. United States Dep't Health & Human Servs. (N.D. Cal. 2025). · cites it 5× “7 On November 22, 2024, HHS clarified that its basis for withholding the Chartwell proposal in its 8 entirety was 41 U.S.C. § 4702 . Lenahan Decl. ¶ 20. 9 On November 29, 2024, Plaintiff brought the instant motion for summary judgment, asking 10 the Court to grant summary…”
Ctr. for Investigative Reporting v. U.S. Customs & Border Prot. (D.D.C. 2019). “¶ 20 (explaining that the defendants withheld proposal documents under Exemption 3 because of 41 U.S.C. § 4702 ). Given that the defendants’ declarations are already deficient for other reasons, at this stage “there’s no need to resolve,” Food Mktg.”
The Tolliver Grp., Inc. v. United States (Fed. Cl. 2020). “See 41 U.S.C. § 4702 (“Prohibition on release of contractor proposals”) (providing that “[a] proposal in the possession or control of an executive agency may not be made available to any person under [the Freedom of Information Act,] section 552 of title 5” where “proposal” is…”
The Tolliver Grp., Inc. v. United States (Fed. Cl. 2020). “See 41 U.S.C. § 4702 (“Prohibition on release of contractor proposals”) (providing that “[a] proposal in the possession or control of an executive agency may not be made available to any person under [the Freedom of Information Act,] section 552 of title 5” where “proposal” is…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.