# Part V – Utilization Requirements

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 28-46 Contracts between $1,000 - $4,999.

Balt., Md., Code art. 5, § 28-46 (2026)

(a) The following standards and procedures apply to every contract for which the estimated cost is $1,000 or more and less than $5,000.

(b) The Office must provide the contracting agency with a list of certified business enterprises qualified to provide each of the materials, equipment, supplies, or services that the contracting agency indicates are required by the City.

(c) The contracting agency must solicit bids from certified business enterprises that are certified to supply the required materials, equipment, supplies, or services.

(d) If no qualified certified business enterprise is available:

  (1) the contracting agency must so notify the Office before the solicitation of bids; and

  (2) the Office must attempt to identify qualified businesses and, if successful, notify the contracting agency of their availability.

(e) The contracting agency must provide certified business enterprises every practical opportunity to submit bids.

*History: Ord. 00-098*

## § 28-47 Contracts between $5,000 - $49,999.

Balt., Md., Code art. 5, § 28-47 (2026)

(a) The following standards and procedures apply to every contract for which the estimated cost is $5,000 or more and less than $50,000.

(b) Before the solicitation of bids, the contracting agency must furnish the Office with an informational copy of all bid conditions and requests for proposals.

(c) The Office may recommend to the contracting agency certified business enterprises that can be solicited directly to submit bids.

*History: Ord. 00-098*

*History: Ord. 11-557*

## § 28-48 Contracts of $50,000 or more.

Balt., Md., Code art. 5, § 28-48 (2026)

(a) The following standards and procedures apply to every contract for which the estimated cost is $50,000 or more.

(b)

  (1) In addition to any other applicable requirements, the bid conditions and requests for proposals must require each bidder to include in its bid a certified business enterprise participation affidavit in which the bidder commits to utilize certified business enterprises in a percentage that equals or exceeds the applicable contract goals.

  (2) Any bid that does not include the certified business participation affidavit is non-responsive.

(c)

  (1) Prior to bid opening, bidders must submit to the City the certified business enterprise participation statement, including executed statements of intent, that specify:

    (i) the name of each certified business enterprise to whom the bidder intends to award a subcontract;

    (ii) whether that subcontractor is:

      (A) a minority business enterprise; or

      (B) a women’s business enterprise.

    (iii) the dollar value of each subcontract;

    (iv) the scope of the work to be performed under that subcontract; and

    (v) any other information the Office requires to determine whether the contract goals have been satisfied.

(d) Each bidder is responsible for verifying that all MBEs and WBEs to be used have been certified by the Office before bid opening.

(e) During the term of the contract, any unjustified failure to comply with the levels of certified business enterprise participation identified in the bid is a material breach of contract.

(f)

  (1) Before final payment may be made under the contract, the contractor must submit a list of all subcontractors utilized on the contract, both MBE/WBE and non-MBE/WBE.

  (2) The list must include, as to each subcontractor:

    (i) its name;

    (ii) the service or goods provided;

    (iii) the total amount paid to it; and

    (iv) its owner’s race/ethnicity and sex.

*History: Ord. 00-098*

*History: Ord. 07-606*

*History: Ord. 11-557*

## § 28-49 Leases and concessions.

Balt., Md., Code art. 5, § 28-49 (2026)

(a) The following standards and procedures apply to:

  (1) every lease in which the City is the lessee; and

  (2) every contract for a concession.

(b) City agencies must solicit bids from certified business enterprises that are certified to enter into leases or concession contracts.

(c) If, after investigation, a contracting agency determines that no qualified certified business enterprise is available:

  (1) the contracting agency must so notify the Office before signing a lease or awarding a concession contract, unless the Office has waived notification based on the known unavailability of qualified certified businesses to perform a particular contract; and

  (2) the Office may attempt to identify qualified certified business enterprises and, if successful, must notify the contracting agency of their availability.

(d) The contracting agency must provide the minority and women’s business enterprises every practical opportunity to submit bids.

(e)

  (1) All requests for concession bids must require concessionaires to make every good faith effort to utilize minority and women’s business enterprises as subcontractors and suppliers, whenever possible, if subcontractors are used.

  (2) Concession bidders must be required to submit their projected utilization of minority and women’s business enterprises along with a description of the efforts made to utilize those businesses.

*History: Ord. 00-098*

## § 28-50 Other services.

Balt., Md., Code art. 5, § 28-50 (2026)

(a) All City agencies, commissions, and boards, in the deposit of funds and performance of their other official duties, must make every good faith effort to equitably utilize the services of minority and women’s business enterprises.

(b) The services to which this section applies include, but are not limited to:

  (1) the financial services of banks, savings and loan companies, insurance companies, and other commercial financial institutions;

  (2) arrangements for travel and accommodations when traveling on official City business; and

  (3) legal services.

(c)

  (1) All City agencies must submit to the Office, on an annual basis, a written report on the efforts made under this subsection.

  (2) The City Finance Department, City Comptroller, and Retirement Boards must report annually to the Mayor and City Council on their utilization of financial institutions that are minority or women’s business enterprises.

*History: Ord. 00-098*

## § 28-51 Emergencies.

Balt., Md., Code art. 5, § 28-51 (2026)

(a) In the event that competitive bids are not obtained due to an emergency in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite>, the contracting agency must meet the requirements set forth in subsection (b) of this section that will serve as its utilization requirements.

(b) If an emergency procurement under <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite> is necessary, a contracting agency shall:

  (1) contact the Office for assistance in finding MBE and WBE contractors or subcontractors that can provide the goods or services needed;

  (2) provide contractors with a list of possible subcontractors that contains at least 2 MBE or WBEs, if applicable; and

  (3) to the extent possible, receive at least 1 quote from an MBE and 1 quote from a WBE that can provide the goods or services needed.

(c) The Office shall provide all necessary assistance to an agency in making good faith efforts to comply with this chapter for the emergency procurement.

(d)

  (1) As soon as possible after the execution of any emergency procurement under <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite> was necessary, but no later than 45 days after the contract execution, the agency shall submit a report to the Board of Estimates and the Office stating:

    (i) the name and address of the selected contractor;

    (ii) whether the contractor is a City-certified MBE or WBE;

    (iii) an overview of the nature of the emergency and why an emergency procurement was necessary;

    (iv) a reasonable estimation of the threat or loss that may have occurred had an emergency procurement not been taken;

    (v) a summary of the contractor’s qualifications, experience, and background to provide the emergency goods or services and the basis on how the contractor was selected over other qualified and responsive potential contractors;

    (vi) if applicable, a description of the scope of work, including the costs, fees, or rates for the purchase;

    (vii) if applicable, a description of the work performed by the contractor to mitigate or eliminate the emergency;

    (viii) if applicable, a justification regarding why an additional procurement was necessary when an existing City contract might have provided the goods or services necessary; and

    (ix) a list of all potential vendors contacted, including the MBE and WBE contacted under subsection (b)(2) of this section.

  (2) The report required by this subsection shall be posted to the Office’s website on its receipt.

*History: Ord. 21-015*

## § 28-52 All contracts – In general.

Balt., Md., Code art. 5, § 28-52 (2026)

In addition to any other applicable requirements, the following requirements apply to all contracts awarded by the City.

*History: Ord. 00-098*

## § 28-53 All contracts – Bid specifications.

Balt., Md., Code art. 5, § 28-53 (2026)

Bid conditions, requests for proposals, and all other specifications for contracts awarded by the City must require that, where a contract goal is applicable, the bidder must:

(1) make good faith efforts before the opening of bids or submission of proposals to meet the contract goal; and

(2) keep records of its good faith efforts, adequate to permit a determination of compliance with this chapter.

*History: Ord. 00-098*

*History: Ord. 07-606*

*History: Ord. 16-595*

## § 28-54 All contracts – Contract specifications.

Balt., Md., Code art. 5, § 28-54 (2026)

Each contract must:

(1) incorporate this chapter by reference;

(2) provide that the failure of any bidder, contractor, or subcontractor to comply with this chapter is a material breach of contract; and

(3) require that, during its term, the contractor will:

  (i) fulfill Program commitments submitted with the bids;

  (ii) continue to make good faith efforts to utilize minority and women’s business enterprises; and

  (iii) maintain records reasonably necessary for monitoring compliance with this chapter.

*History: Ord. 00-098*

*History: Ord. 07-606*

*History: Ord. 16-595*

## § 28-55 All contracts – Payments to subcontractors.

Balt., Md., Code art. 5, § 28-55 (2026)

(a) A contractor must pay its subcontractors in a timely fashion for satisfactory work.

(b) A payment is timely if it is mailed, delivered, or transferred to a subcontractor no later than 7 calendar days after the contractor receives payment from the City.

(c) Beginning with the second pay request from a contractor to the City, the contractor must provide the City with evidence that all subcontractors have been paid out of the proceeds of the prior payment, unless a bona fide dispute, documented in writing, exists between the contractor and the unpaid subcontractor.

*History: Ord. 00-098*

*History: Ord. 07-606*

## § 28-56 All contracts – Reports and documentation.

Balt., Md., Code art. 5, § 28-56 (2026)

As a condition of each contract, the awardee of the contract must submit the following when requested by the Office:

(1) copies of signed agreements with the business enterprises being utilized to achieve the contract goals;

(2) reports and documentation verifying payments to the business enterprises being used to achieve the contract goals; and

(3) reports and documentation on the extent to which the contractor has awarded subcontracts to minority and women’s business enterprises under contracts not affected by this chapter.

*History: Ord. 00-098*

*History: Ord. 16-595*

## §§ 28-57 to 28-60

Balt., Md., Code art. 5, § 28-57 to 28-60 (2026)

Reserved