---
kind: "section"
citation: "41 U.S.C. § 2101"
title: "41"
title_heading: "Public Contracts"
number: "2101"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/2101"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 21 — Restrictions on Obtaining and Disclosing Certain Information"
---

# §2101. Definitions


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](#4) 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](#3) as part of, or in connection with, a bid or proposal to enter into a [Federal agency procurement](#4) 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](/usc/10/3701.md) with respect to procurements subject to that section and [section 3501(a) of this title](/usc/41/3501.md?p=a) 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](#2)”, 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](/usc/40/102.md).
- (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](#3) using appropriated funds.
- (5) **Official.—** The term “official” means—
  - (A) an officer, as defined in [section 2104 of title 5](/usc/5/2104.md);
  - (B) an employee, as defined in [section 2105 of title 5](/usc/5/2105.md); and
  - (C) a member of the uniformed services, as defined in [section 2101(3) of title 5](/usc/5/2101.md?p=3).
- (6) **Protest.—** The term “protest” means a written objection by an interested party to the award or proposed award of a [Federal agency procurement](#4) 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](#3) to evaluate a bid or proposal to enter into a [Federal agency procurement](#4) 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](#3) 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](#3) 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](#7)” based on a case-by-case determination by the head of the agency, the head’s designee, or the [contracting officer](#1) that its disclosure would jeopardize the integrity or successful completion of the [Federal agency procurement](#4) to which the information relates.

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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 Notes

### Amendments

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