(1) CONTRACTING OFFICER.—The term ‘‘contracting officer’’ means 
an individual who, by appointment in accordance with applicable regu-
lations, 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 ‘‘con-
tractor bid or proposal information’’ means any of the following infor-
mation 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 2306a(h) of title 
10 with respect to procurements subject to that section and sec-
tion 3501 of this title with respect to procurements subject to that 
section). 
(B) Indirect costs and direct labor rates. 
(C) Proprietary information about manufacturing processes, op-
erations, 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 regu-
lation. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the mean-
ing 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 
amounts. 
(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 Fed-
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eral 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 solici-
tation 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 Fed-
eral agency procurement to which the information relates. 
§ 2102. Prohibitions on disclosing and obtaining procure-
ment 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 Fed-
eral 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 organi-
zation assigned to an agency under chapter 37 of title 5 shall not 
knowingly disclose contractor bid or proposal information or source se-
lection information during the 3-year period after the employee’s as-
signment 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 
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(B) by virtue of that office, employment, or relationship has or 
had access to contractor bid or proposal information or source se-
lection 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. 
§ 2103. Actions required of procurement officers when con-
tacted regarding non-Federal employment 
(a) ACTIONS REQUIRED.—An agency official participating personally and 
substantially in a Federal agency procurement for a contract in excess of 
the simplified acquisition threshold who contacts 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 substan-
tial participation in that Federal agency procurement until the agency 
authorizes the official to resume participation in the procurement, in 
accordance with the requirements of section 208 of title 18 and appli-
cable agency regulations on the grounds that— 
(i) the person is no longer a bidder or offeror in that Federal 
agency procurement; or 
(ii) all discussions with the bidder or offeror regarding possible 
non-Federal employment have terminated without an agreement or 
arrangement for employment. 
(b) RETENTION OF REPORTS.—The agency shall retain each report re-
quired 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, ex-
cept that any part of a report that is exempt from the disclosure require-
ments of section 552(b)(1) of title 5 may be withheld from disclosure to the 
public. 
(c) PERSONS SUBJECT TO PENALTIES.—The following are subject to the 
penalties and administrative actions set forth in section 2105 of this title: 
(1) An official who knowingly fails to comply with the requirements 
of this section. 
(2) A bidder or offeror that engages in employment discussions with 
an official who is subject to the restrictions of this section, knowing 
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that the official has not complied with paragraph (1) or (2) of sub-
section (a). 
§ 2104. Prohibition on former official’s acceptance of com-
pensation from contractor 
(a) PROHIBITION.—A former official of a Federal agency may not accept 
compensation from a contractor as an employee, officer, director, or consult-
ant of the contractor within one year after the official— 
(1) served, when the contractor was selected or awarded a contract, 
as the procuring contracting officer, the source selection authority, a 
member of the source selection evaluation board, or the chief of a fi-
nancial or technical evaluation team in a procurement in which that 
contractor was selected for award of a contract in excess of 
$10,000,000; 
(2) served as the program manager, deputy program manager, or ad-
ministrative contracting officer for a contract in excess of $10,000,000 
awarded to that contractor; or 
(3) personally made for the Federal agency a decision to— 
(A) award a contract, subcontract, modification of a contract or 
subcontract, or a task order or delivery order in excess of 
$10,000,000 to that contractor; 
(B) establish overhead or other rates applicable to one or more 
contracts for that contractor that are valued in excess of 
$10,000,000; 
(C) approve issuance of one or more contract payments in ex-
cess of $10,000,000 to that contractor; or 
(D) pay or settle a claim in excess of $10,000,000 with that 
contractor. 
(b) WHEN COMPENSATION MAY BE ACCEPTED.—Subsection (a) does not 
prohibit a former official of a Federal agency from accepting compensation 
from a division or affiliate of a contractor that does not produce the same 
or similar products or services as the entity of the contractor that is respon-
sible for the contract referred to in paragraph (1), (2), or (3) of subsection 
(a). 
(c) IMPLEMENTING REGULATIONS.—Regulations implementing this sec-
tion shall include procedures for an official or former official of a Federal 
agency to request advice from the appropriate designated agency ethics offi-
cial regarding whether the official or former official is or would be precluded 
by this section from accepting compensation from a particular contractor. 
(d) PERSONS SUBJECT TO PENALTIES.—The following are subject to the 
penalties and administrative actions set forth in section 2105 of this title: 
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