(1) No public servant shall require or direct a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government.
(2) Any provision in invitations to bid or any contract documents prohibited
by this section are against public policy and void.
(3) It shall be an affirmative defense that the defendant was a public servant
acting within the scope of his authority exercising the right to reject any material,
subcontractor, service, bond, or contract tendered by a bidder or contractor
because it does not meet bona fide specifications or requirements relating to
quality, availability, form, experience, or financial responsibility.
(4) Any public servant who violates the provisions of subsection (1) of this
section commits a class 5 felony.
L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-307. L. 73: p. 539, § 7. L. 89: (4) amended, p. 840, § 82, effective July 1. L. 2023: (4) amended, (HB 23-1293), ch. 298, p. 1788, § 30, effective October 1.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
