§ 279A.803 — Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions

Oregon § 279A.803

• Jurisdiction: Oregon
• Vol.: 7
• Title 26: Public Facilities, Contracting and Insurance
• Ch. 279A: Public Contracting - General Provisions

Text

(1) A public body that is carrying out a qualified project shall require each contractor in a contract with an estimated cost of $200,000 or greater to:
(a) Enter into a project labor agreement that, at a minimum, provides for payment of wages at or above the prevailing rate of wage;
(b) Employ apprentices to perform 15 percent of the work hours that workers in apprenticeable occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs;
(c) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups; and
(d) Require any subcontractor engaged by the contractor to abide by the requirements set forth in paragraphs (a), (b) and (c) of this subsection, if the work to be performed under the subcontract has an estimated cost of $200,000 or greater.
(2) The requirements of subsection (1) of this section do not apply to a contract for a qualified project if the public body carrying out the qualified project demonstrates to the Oregon Department of Administrative Services that:
(a) The qualified project is primarily located in a county that is characterized as nonmetropolitan by the United States Office of Management and Budget; and
(b) Compliance with the requirements would, with respect to the contract:
(A) Cause significant expense or delay; or
(B) Limit the pool of bidders to fewer than three.
(3) As used in this section:
(a) “Apprentice” has the meaning given that term in ORS 660.010.
(b) “Apprenticeable occupation” has the meaning given that term in ORS 660.010.
(c) “Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.
(d) “Minority individual” has the meaning given that term in ORS 200.005.
(e) “Prevailing rate of wage” has the meaning given that term in ORS 279C.800.
(f) “Public body” has the meaning given that term in ORS 174.109.
(g) “Qualified project” means a project:
(A) For capital improvements to water, sewer, broadband or transportation infrastructure;
(B) That has an estimated project cost of at least $10 million; and
(C) That utilizes at least $750,000 of moneys made available to the state under the American Rescue Plan Act of 2021 (P.L. 117-2).
(h) “Veteran” has the meaning given that term in ORS 408.225.
(i) “Woman” has the meaning given that term in ORS 200.005.

Legislative History

2021 c.678 §17