§ 37-27-4. Intentional interference with contract submission and award by public official.
(a) It is unlawful for any person who is an official of or employed by any unit of state
or local government, or any public officers who are subject to the code of ethics
set forth in § 36-14-4, to knowingly and willfully convey, outside of any official procurement process adopted
pursuant to law, regulation, or ordinance, by that unit of government including, but
not limited to, procurement processes established pursuant to chapter 2 of this title
or chapter 55 of title 45, or regulations promulgated thereto, to any person any information concerning the
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§ 37-27-4. Intentional interference with contract submission and award by public official.
(a) It is unlawful for any person who is an official of or employed by any unit of state
or local government, or any public officers who are subject to the code of ethics
set forth in § 36-14-4, to knowingly and willfully convey, outside of any official procurement process adopted
pursuant to law, regulation, or ordinance, by that unit of government including, but
not limited to, procurement processes established pursuant to chapter 2 of this title
or chapter 55 of title 45, or regulations promulgated thereto, to any person any information concerning the
specifications for such contract or the identity of any particular potential subcontractors,
when conveyance of such information concerning the specifications or contractors in
the bid or offer is intended to improperly influence acceptance of such bid or offer
in contravention of the official procurement process. It shall not constitute a violation
of this subsection to convey information intended to clarify plans or specifications
regarding a public contract where such disclosure of information is also made generally
available to the public.
(b) It is unlawful for any person who is an official of or employed by any unit of state
or local government, or any public officers who are subject to the code of ethics
set forth in § 36-14-4, to knowingly and willfully take any action to deliberately and improperly influence
the award in favor of a particular bidder, prime contractor, or subcontractor in contravention
of official procurement processes set forth pursuant to law, regulation, or ordinance
including, but not limited to, procurement processes established pursuant to chapter
2 of this title or chapter 55 of title 45, or regulations promulgated thereto, when such invitation to bid is required by law,
regulation, or ordinance.