(1) Political subdivisions of the state of Idaho in their procurements governed by this chapter shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin unless permitted by an exception described in section 67-5909A, Idaho Code.
(2)  Unless specifically required pursuant to applicable federal law or regulation, no public entity or political subdivision of the state of Idaho shall require a contractor engaged in public works construction governed by this chapter to provide a multiple-occupancy restroom, shower facility, or changing room that is owned by or under the control of the contractor on any basis other than sex, as defined in section 39-245A(3), Idaho Code.