The former 41 U.S.C. § 423 procurement-integrity provisions were recodified in current Title 41. Use the current sections when evaluating protected procurement information and employment-related restrictions. [1]
Identify the prohibited conduct
The framework addresses disclosure or receipt of contractor bid or proposal information and source-selection information before award, specified employment contacts, and certain former officials’ compensation restrictions. Different duties apply to different actors and stages. [1]
An ordinary business discussion is not automatically prohibited, but sensitive procurement information and negotiations involving covered officials require careful review. [3]
Use current citations and procedures
Review the solicitation, the person’s role, timing, information involved, and any agency ethics advice. Current §§ 2102 through 2105 address central prohibitions and consequences. [2]
Bid protests, contract remedies, administrative penalties, and criminal enforcement are different mechanisms. An old statutory citation should not obscure which present provision and remedy actually apply. [3]
Practical application
A procurement official approached about employment while involved in a covered acquisition should promptly use the applicable reporting and disqualification process. The relevant facts include the official’s role, communications, procurement stage, and prospective employer. Restrictions on later compensation have their own scope. A general ethics clause in a contractor agreement should not be mistaken for the complete statutory procurement-integrity framework. [3]
Current sections divide the restrictions
Section 2102 addresses disclosure and obtaining of covered procurement information. Section 2104 addresses specified compensation restrictions involving former officials, and Section 2105 addresses consequences. Other current provisions cover employment contacts and related procedures. Each requires attention to the person’s role, conduct, and timing. Retaining the obsolete Section 423 citation without identifying the recodified provision can obscure the analysis. A company should preserve the communications and seek a focused ethics or procurement review before accepting sensitive information or finalizing an arrangement with a covered official. An integrity certification alone does not resolve all statutory requirements. [1] [2] [3]
The operative current statutory citation should appear in any legal analysis so the reader can identify the exact prohibition and applicable consequence. [1]
Related questions
Related guidance: 31 U.S.C. 3553: GAO Protests and the CICA Stay and 18 U.S.C. 666: Federal Program Theft and Bribery.
Primary sources
- 41 U.S.C. § 2102 — Office of Law Revision Counsel
- 41 U.S.C. § 2104 — Office of Law Revision Counsel
- 41 U.S.C. § 2105 — Office of Law Revision Counsel
Sources checked: October 31, 2026.