ORS tit. 31, ch. 381, INTERSTATE BRIDGES UNDER STATE JURISDICTION, TEMPORARY PROVISIONS RELATING to THE INTERSTATE 5 BRIDGE REPLACEMENT PROJECT ARE COMPILED AS NOTES FOLLOWING ORS 381.020
ORS tit. 31, ch. 381, INTERSTATE BRIDGES UNDER STATE JURISDICTION, TEMPORARY PROVISIONS RELATING to THE INTERSTATE 5 BRIDGE REPLACEMENT PROJECT ARE COMPILED AS NOTES FOLLOWING ORS 381.020
Sections 1, 2 and 18, chapter 4, Oregon Laws 2013, provide:
Sec. 1. Section 2 of this 2013 Act is added to and made a part of ORS 381.005 to 381.075 [series became 381.005 to 381.020]. [2013 c. 4, § 1]
Sec. 2. The Legislative Assembly finds that it is in the interests of this state to undertake the Interstate 5 bridge replacement project, a bistate, multimodal corridor improvement project between the Washington State Route 500 interchange with Interstate 5 in Vancouver, Washington, and the Victory Boulevard interchange with Interstate 5 in Portland, Oregon. The project includes:
(1) New multimodal river crossings;
(2) Replacement, modification and removal of the existing Interstate 5 bridges;
(3) Improvements to existing interchanges; and
(4) Multimodal improvements to facilitate travel in the bistate corridor. [2013 c. 4, § 2]
Sec. 18. (1) As used in this section, "Interstate 5 bridge replacement project" means the project described in section 2, chapter 4, Oregon Laws 2013.
(2)(a) The Department of Transportation shall require, in accordance with 23 C.F.R. 635.410, that in each public contract that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that steel, iron, coatings for steel and iron and manufactured products that the contractor purchases for the Interstate 5 bridge replacement project and that become part of a permanent structure must be produced in the United States.
(b)(A) The requirement set forth in paragraph (a) of this subsection does not apply if the Secretary of the United States Department of Transportation, or the secretary's designee, finds that:
(i) The requirement is inconsistent with the public interest;
(ii) Steel, iron, coatings for steel and iron and manufactured products required for the Interstate 5 bridge replacement project are not produced in the United States in sufficient and reasonably available quantities and with satisfactory quality; or
(iii) The requirement set forth in paragraph (a) of this subsection will increase the construction and related costs of the Interstate 5 bridge replacement project, exclusive of labor costs involved in final assembly for manufactured products, by 25 percent or more.
(B) At the earliest practicable time, the department shall give notice of any waiver that the Secretary of the United States Department of Transportation grants. The department shall give the notice by means of the same methods the department used to advertise procurements for the Interstate 5 bridge replacement project, or by other means reasonably suited to notifying contractors and subcontractors of the waiver.
(c)(A) Notwithstanding a finding from the Secretary of the United States Department of Transportation under paragraph (b)(A) of this subsection, a contractor shall spend at least 75 percent of the total amount the contractor spends in connection with the Interstate 5 bridge replacement project on steel, iron, coatings for steel and iron and manufactured products that become part of a permanent structure to purchase steel, iron, coatings for steel and iron and manufactured products that are produced in the United States.
(B) The Director of Transportation may waive the requirement set forth in subparagraph (A) of this paragraph if the director finds that the requirement will increase the cost of a contract the department awards in connection with the Interstate 5 bridge replacement project by 25 percent or more, that steel, iron, coatings for steel and iron or manufactured products are not produced in the United States in sufficient and reasonable quantities and with satisfactory quality to meet the requirement or that the requirement violates regulations promulgated by the Federal Highway Administration of the United States Department of Transportation.
(d) The requirements set forth in this subsection are subject to applicable state and federal trade agreements.
(3)(a) The department, in awarding public contracts in connection with the Interstate 5 bridge replacement project, shall seek to the extent permissible under law, and in compliance with the provisions of 49 C.F.R. part 26, as in effect on March 12, 2013, to:
(A) Ensure nondiscrimination in awarding public contracts;
(B) Remove barriers that prevent disadvantaged business enterprises from obtaining public contracts;
(C) Create conditions under which disadvantaged business enterprises may compete fairly for public contracts; and
(D) Otherwise seek to implement the policies set forth in ORS 279A.100, 279A.105 and 279A.110.
(b)(A) The Director of Transportation, in consultation with the Governor's Policy Advisor for Economic and Business Equity, with disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses certified under ORS 200.055, with contractors and with other knowledgeable persons, shall prepare a plan for complying with the requirements described in paragraph (a) of this subsection and shall deliver the plan not later than January 1, 2014, to an interim committee of the Legislative Assembly with oversight over transportation issues. The plan must include a process for:
(i) Identifying opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses and emerging small businesses certified under ORS 200.055 to competitively bid for subcontracts and for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses to build the capacity necessary to bid for larger contracts; and
(ii) Identifying opportunities to create and foster mentoring relationships between contractors and subcontractors with extensive experience in performing public contracts and disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses that are certified under ORS 200.055.
(B) The director, in accordance with ORS chapter 183, shall adopt rules that incorporate the plan and that have an effective date that is not earlier than July 1, 2014.
(4)(a) As used in this subsection:
(A) "Apprentice" has the meaning given that term in ORS 660.010.
(B) "Local joint committee" has the meaning given that term in ORS 660.010.
(C) "Program" has the meaning given that term in ORS 660.010.
(b) The department shall provide in each public contract that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that apprentices employed in a program that a local joint committee has approved under ORS 660.002 to 660.210 and that has existed for at least two years must perform at least 10 percent of all work hours performed under the public contract. The department shall also require contractors to provide in each of the contractor's subcontracts that apprentices with the qualifications specified in this paragraph must perform at least 10 percent of the work hours performed under the subcontract.
(c) Paragraph (b) of this subsection does not apply to a contract or subcontract with a contract price that is less than $250,000.
(5) The department shall provide in public contracts that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that:
(a) Each contractor is subject to the same standards and restrictions set forth in federal law or the laws of this state that apply to the entire Interstate 5 bridge replacement project; and
(b) Each contractor's own contracts with subcontractors must provide that each subcontractor is subject to the same standards and restrictions set forth in federal law or the laws of this state that apply to the entire Interstate 5 bridge replacement project.
(6) The department shall develop goals for specifying types of work and contract prices for contracts that are awarded in connection with the Interstate 5 bridge replacement project so as to maximize economic development opportunities for small businesses. The department shall deliver a plan to achieve the goals not later than January 1, 2014, to an interim committee of the Legislative Assembly with oversight over transportation issues.
(7) The department by rule shall establish a procedure that the department will follow to resolve disputes between the States of Oregon and Washington with respect to the Interstate 5 bridge replacement project. [2013 c. 4, § 18; 2015 c. 565, § 22]