§ 6-5-405 — Interference with contract submission and award by a public servant

(a) A public servant who knowingly conveys, either
directly or indirectly and outside of the publicly available
official invitation to bid or pre-qualify to bid or solicitation
for contracts, any information concerning the specifications for
a contract or the identity of any specific potential prime
contractors or subcontractors, when disclosure of that
information is intended to influence the likelihood of
acceptance of a bid or offer, is guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year, a
fine of not more than one thousand dollars ($1,000.00), or both.
This subsection shall not apply to a public servant who conveys
information intended to clarify plans or specifications
regarding a public contract where disclosure of that information
is also made available to the public upon request.
(b) A public servant who, either directly or indirectly,
knowingly informs a bidder or offeror that the bid or offer will
be accepted or executed only if specified persons are included
as subcontractors is guilty of a felony punishable by
imprisonment for not more than five (5) years, a fine of not
more than ten thousand dollars ($10,000.00), or both.
(c) Any public servant who knowingly awards a public
contract based on criteria that were not publicly disseminated
via an invitation to bid that is published pursuant to law, a
pre-bid or pre-qualification conference or any other lawful
procedure for soliciting contracts is guilty of a felony
punishable by imprisonment for not more than five (5) years, a
fine of not more than ten thousand dollars ($10,000.00), or
both. This subsection shall not apply to any public servant who
provides a person a copy of the transcript or other summary of
any pre-bid or pre-qualification conference where the transcript
or summary would otherwise be made available to the public upon
request.
(d) This section shall apply only to public contracts for
which sealed bids are submitted.