# Chapter 1 – General Provisions
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
## Part I – Definitions; General Provisions
### § 28-1 Definitions.
Balt., Md., Code art. 5, § 28-1 (2026)
(a) In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning.
(b) “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Harford County, Carroll County, and Queen Anne’s County.
(c) “Bid” means a response to:
(1) an invitation to bid; or
(2) a request for proposals.
(d) “Business enterprise” means a corporation, limited liability company, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association, or any other legal entity operated for profit that is properly licensed and otherwise authorized to do business in the State of Maryland.
(e) “Chief” means the Chief of the Minority and Women’s Business Opportunity Office.
(f)
(1) “Construction” means building, altering, repairing, improving, or demolishing any structure, building, street, utility, or other improvement to real property.
(2) “Construction” includes:
(i) building construction;
(ii) heavy construction (road construction and bridge construction); and
(iii) specialty trades construction (e.g., carpentry, electrical, and plumbing).
(g) “Contracting agency” means the City agency, department, or authorized representative that issues invitations to bid or requests for proposals.
(h) “Contractor” means the person, firm, or legal entity with which the City has entered into an agreement.
(i)
(j) “Joint venture” means an association between business enterprises that provides for the sharing of economic interest.
(k) “Manufacturer” means a business enterprise that:
(1) produces goods from raw materials or substantially alters or fabricates them before resale; and
(2) assumes the actual and contractual responsibility for providing the materials and supplies.
(l) “Office” means the Minority and Women’s Business Opportunity Office.
(m) “Purchasing” means the buying, renting, leasing, or otherwise obtaining or acquiring any supplies, materials, equipment, or services.
(n) “Sole proprietorship” means a business enterprise that is 100% owned, operated, and controlled by 1 individual.
(o) “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract.
(p) “Supplier” means a business enterprise that:
(1) furnishes needed items to a contractor; and
(2) either:
(i) is involved in the manufacture or distribution of the supplies or materials; or
(ii) otherwise warehouses and ships the supplies.
*History: Ord. 00-098*
*History: Ord. 07-606*
*History: Ord. 16-595*
*History: Ord. 22-124*
### § 28-2 Liberal construction.
Balt., Md., Code art. 5, § 28-2 (2026)
The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes.
*History: Ord. 00-098*
*History: Ord. 16-595*
*History: Ord. 22-125*
### § 28-3 Legislative findings and policy.
Balt., Md., Code art. 5, § 28-3 (2026)
(a)
(1) The Mayor and City Council makes the findings contained in this subsection, on full consideration of:
(i) the extensive findings made by an independent task force prior to the enactment of Ordinance 90-610;
(ii) the evidence of significant levels of utilization disparity identified by the 2000 Disparity Study;
(iii) hearings held by the City Council;
(iv) the extensive findings of the 2022 Disparity Study, “The State of Minority and Women-Owned Business enterprise: Evidence from Baltimore”;
(v) the findings of the City Council that the prevalence of contract awards to large, non-local, businesses has significantly contributed to underutilization of minority and women’s business enterprises; and
(vi) all other relevant facts.
(2) Past discrimination in the City’s contracting process by prime contractors against minority and women’s business enterprises has resulted in significant underutilization of minority and women’s business enterprises in contracts awarded by the City of Baltimore. As determined by the 2022 Disparity Study, this disparity has been persistent, pervasive, and statistically significant based on available vendor data.
(3) This discrimination has occurred in the major City contracting markets (construction, commodities, architectural and engineering, and services), with the effect of significant underutilization of minority and women’s business enterprises.
(4) The provisions of this subtitle are necessary to overcome the effects of past discrimination and to prevent ongoing discrimination in the City’s contracting process, while assuring that high quality goods and services are obtained through the competitive bidding process.
(5) A general objective of this subtitle is to provide a narrowly tailored remedy to ongoing effects of past discrimination, an objective that is advanced by:
(i) setting minority and women’s business enterprise goals that are flexible and rationally related to the disparity identified in the City’s contracting markets;
(ii) instituting race- and gender-neutral remedies, including a Small Local Business Enterprise Program, in conjunction with the narrowly tailored administration of the MBE/WBE Program;
(iii) setting goals on a contract-by-contract basis;
(iv) providing criminal penalties for fraudulent misuse of this subtitle;
(v) requiring regular review of the necessity for this subtitle;
(vi) limiting those minority and women’s businesses that qualify for certification under this subtitle to those located in the Baltimore City Market Area;
(vii) requiring regular review of the categories included in the definition of minority- group members; and
(viii) providing for post-bid submission of required information about minority and women’s business enterprises as well as other subcontractors.
(b) It is the policy of the City of Baltimore to promote equal business opportunity in the City’s contracting process by encouraging full and equitable participation by minority and women’s business enterprises in the provision of goods and services to the City on a contractual basis.
*History: Ord. 00-098*
*History: Ord. 07-606*
*History: Ord. 16-595*
*History: *
*History: *
### § 28-4 Scope of subtitle.
Balt., Md., Code art. 5, § 28-4 (2026)
(a) This subtitle applies to all contracts awarded by the City.
(b) Every contract or other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement.
*History: Ord. 00-098*
### § 28-5 Automatic termination.
Balt., Md., Code art. 5, § 28-5 (2026)
This subtitle automatically expires on June 30, 2028, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, find that the purposes identified in this subtitle have not yet been achieved, in which case this subtitle may be extended for 5 more years.
*History: Ord. 00-098*
*History: Ord. 05-010*
*History: Ord. 06-356*
*History: Ord. 07-472*
*History: Ord. 07-524*
*History: Ord. 07-606*
*History: Ord. 11-557*
*History: Ord. 13-130*
*History: Ord. 13-188*
*History: Ord. 14-215*
*History: Ord. 14-265*
*History: Ord. 16-595*
*History: Ord. 19-269*
*History: Ord. 20-394*
*History: Ord. 21-048*
*History: *
### §§ 28-6 to 28-8
Balt., Md., Code art. 5, § 28-6 to 28-8 (2026)
Reserved
## Part II – Administration
### § 28-9 Business Opportunity Office established.
Balt., Md., Code art. 5, § 28-9 (2026)
(a) There is a Minority and Women’s Business Opportunity Office in the Department of Law.
(b) The Office is administered and controlled by the Chief of the Minority and Women’s Business Opportunity Office, who reports directly to the City Solicitor.
*History: Ord. 00-098*
*History: Ord. 16-595*
### § 28-10 General functions and duties of Office.
Balt., Md., Code art. 5, § 28-10 (2026)
(a) The Minority and Women’s Business Opportunity Office is responsible for the administration of this subtitle.
(b) The Office’s duties include:
(1) certification of business enterprises covered by this subtitle;
(2) maintaining a directory of business enterprises certified under this subtitle;
(3) providing information and needed assistance to business enterprises covered by this subtitle to increase their ability to compete effectively for the award of City contracts;
(4) investigating alleged violations of this subtitle and, when appropriate, making written recommendations for remedial action;
(5) developing and distributing all necessary forms, applications, and documents necessary to comply with this subtitle;
(6) maintaining statistics on and reviewing regularly the progress of agencies towards achieving the annual goals for the utilization of minority business enterprises, women’s business enterprises, small business enterprises, and local business enterprises;
(7) recommending to appropriate City officials methods to further the policies and goals of this subtitle;
(8) monitoring contractors throughout the duration of their contracts to ensure that all efforts are made to comply with this subtitle; and
(9) certifying compliance with this subtitle before contracts are submitted to the Board of Estimates for award.
*History: Ord. 00-098*
*History: Ord. 00-118*
*History: Ord. 16-595*
### § 28-11 Rules and regulations.
Balt., Md., Code art. 5, § 28-11 (2026)
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Office may adopt rules and regulations to carry out this subtitle.
*History: Ord. 00-098*
*History: Ord. 16-595*
*History: Text Conformed 02/14/21*
### § 28-12 Authority of Board of Estimates and Finance Department.
Balt., Md., Code art. 5, § 28-12 (2026)
(a) Nothing in this subtitle abrogates the authority of the Board of Estimates to award contracts under Article VI, § 11 of the City Charter.
(b) At its discretion, the Board of Estimates may waive minor defects and errors in a bidder’s submissions under this subtitle.
(c) Nothing in this subtitle abrogates the authority of the Department of Finance to insure that competitive bidding is used and competitive prices are obtained in purchasing materials, supplies, equipment, and services to the fullest practicable extent, under Article VII, § 17, of the City Charter.
*History: Ord. 00-098*
*History: Ord. 16-595*