Oregon Revised Statutes Chapter 381 § 381.020 — Using

Using funds available for bridge expenses. The Department of Transportation may use moneys in the State Highway Fund, and any other moneys available to the department, to pay any part of the cost of the construction, purchase, financing, maintenance, operation, repair, reconstruction and improvement of any bridge mentioned in ORS 381.005. [Amended by 2013 c.4 §5] (Temporary provisions relating to the Interstate 5 bridge replacement project) Note: Section 18, chapter 4, Oregon Laws 2013, provides: 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 [383.002]. (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, minorit