48-12-02. Prohibited labor organization terms in construction contract clauses.

A governmental unit awarding a contract for the construction, repair, remodeling, or demolition of a facility and any construction manager acting on that governmental unit's behalf may not include any of the following in the bid specifications, project agreements, or other controlling documents:

1. A term that requires or prohibits a bidder, an offeror, a contractor, or a subcontractor from entering or adhering to agreements with one or more labor organizations relating to the construction project or a related construction project; or

2. A term that otherwise discriminates against a bidder, an offeror, a contractor, or a subcontractor for becoming, remaining, or refusing to become or remain a signatory to or for adhering to or refusing to adhere to an agreement with one or more labor organizations in regard to that project or a related construction project.