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(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-
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 
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(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 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 of title 5 under subsection (b)(1) of that section 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. 
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