Use of apprentices, minority individuals and women in qualified contracts; annual report; exceptions

(1) As used in this section: (a) “Apprentice” has the meaning given that term in ORS 660.010. (b) “Community college” means a community college as defined in ORS 341.005 or a community college district as defined in ORS 341.005. (c) “Institution of higher education” means a public university listed in ORS 352.002, a community college or the Oregon Health and Science University. (d) “Minority individual” has the meaning given that term in ORS 200.005. (e) “Qualified contracts”: (A) Means contracts that: (i) Are for improvements to real property; (ii) Have a cost that, at the time the contract is executed, is estimated to be greater than $8 million; and (iii) Are to be paid, in whole or in part, from proceeds of bonds issued by the State of Oregon. (B) Does not include contracts for purchase or installation of specialty medical or research equipment or any necessary related personal property or fixtures sold or installed by a vendor of such equipment. (f) “Woman” has the meaning given that term in ORS 200.005. (2) An institution of higher education may not award a qualified contract to a prospective contractor unless the prospective contractor is a training agent as defined in ORS 660.010. (3) Except as provided in subsection (5) of this section, an institution of higher education, in all qualified contracts, shall require contractors to: (a) Award each subcontract with an estimated cost of at least $200,000 only to a subcontractor who is a training agent as defined in ORS 660.010; (b) Establish and execute a plan for outreach, recruitment and retention of women and minority individuals to perform work under the contract; and (c) Require any subcontractors engaged by the contractors to abide by the requirements set forth in paragraph (b) of this subsection. (4) On or before February 1 of each year, institutions of higher education with ongoing qualified contracts shall report to the Joint Committee on Ways and Means or Joint Interim Committee on Ways and Means on the amount of work performed by apprentices, women and minority individuals under qualified contracts. (5) The requirements of subsection (3) of this section do not apply to a qualified contract if the institution of higher education determines that compliance with the requirements would, with respect to the qualified contract: (a) Cause unreasonable expense or delay; or (b) Limit the pool of bidders to fewer than three.