---
kind: "section"
citation: "41 U.S.C. § 4702"
title: "41"
title_heading: "Public Contracts"
number: "4702"
heading: "Prohibition on release of contractor proposals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/4702"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 47 — Miscellaneous"
---

# §4702. Prohibition on release of contractor proposals

- (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](/usc/5/552.md).
- (c) **Nonapplication.—** [Subsection (b)](#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.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3794.)

## Notes

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