1. (1)(a) It is prohibited for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, with the intent to:

   1. (i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this Procurement Procedure;

      1. (ii) influence the officer or employee to award a Contract under this Procurement Procedure to the person or take other action under Procurement Procedure in favor of the person; or

      2. (iii) retaliate against the officer or employee for:

         1. (A) not awarding a Contract under this Procurement Procedure to the person;
         2. (B) issuing a decision or taking an action under this Procurement Procedure that is averse to the person; or
         3. (C) performing a duty or responsibility the officer or employee has under this Procurement Procedure.
   2. (b) A violation of Subsection (1)(a) subjects the person to suspension or disbarment.

2. (2)(a) It is prohibited for a person knowingly to make a false allegation against a public officer or employee, or knowingly to take a menacing or intimidating action against a public officer or employee, with the intent to:

   1. (i) prevent the public officer or employee from performing a duty or responsibility that the officer or employee has under this Procurement Procedure;

      1. (ii) influence the officer or employee to award a Contract under this Procurement Procedure to the person or take other action under Procurement Procedure in favor of the person; or

      2. (iii) retaliate against the public officer or employee for:

         1. (A) not awarding a Contract under this Procurement Procedure to the person;
         2. (B) issuing a decision or taking an action under Procurement Procedure that is averse to the person; or
         3. (C) performing a duty or responsibility the officer or employee has under Procurement Procedure.
   2. (b) violation of Subsection (2)(a) subjects the person to suspension or disbarment.

KEY: prohibited conduct

Date of Last Change: December 28, 2021

Authorizing, and Implemented or Interpreted Law: 63M-14-206