A contracting agency may request that the Office waive or reduce the contract goals by submitting the reasons for the request in writing before bids are solicited. The Office may grant the waiver or reduction if the Office determines that:the reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder infeasible; or at least 2 qualified certified business enterprises capable of providing the goods or services required by the contract are unavailable in the Baltimore City Market Area despite every feasible attempt to locate them. Any reduction granted by the Office must specify the amount to which the goal has been reduced. Whenever the Office denies a request to waive or reduce a goal, the contracting agency may appeal that denial to the Board of Estimates. The Board’s decision on the request is final. Ord. 00-098 Ord. 07-606

If a bidder is unable to comply with the contract goals, the bidder may submit a request for a waiver at the time of bid opening. The request for a waiver must include documentation that demonstrates the bidder’s good faith efforts to meet the goals. Ord. 00-098 Ord. 07-606

If, after award of a contract, the contractor is unable to meet any contract goal by utilizing the certified business enterprises specified at bid opening, the contractor must seek a substitute certified business enterprise to fulfill its commitment. The Office may approve the substitution only after consulting with the Mayor’s Office of Minority and Women’s Business Development. If, after reasonable good faith efforts, the contractor is unable to find a substitute, the contractor must request a post-award waiver. A contractor may not substitute an MBE or WBE subcontractor or perform the work designated for an MBE or WBE subcontractor with its own forces unless the Chief, after consulting with the contracting agency, approves the substitution in writing. The request must be in writing and document the reasons for the contractor’s inability to meet the contract goal. The contractor must negotiate with the MBE or WBE subcontractor to resolve the problem. The Chief’s final decision to permit or deny a proposed substitution, and the basis of any denial, shall be communicated to the parties in writing by the Chief. Where the contractor has established the basis for a substitution to the satisfaction of the Chief, the contractor must make good faith efforts to achieve the goals. The contractor may seek the assistance of the Office in obtaining a new MBE or WBE. If the contract goals cannot be reached and good faith efforts have been made, the contractor may substitute with a non-certified business. Ord. 00-098 Ord. 07-606 Ord. 14-265

A contracting agency may waive the utilization requirements for a specific contract as provided in this section. The agency may waive the utilization requirements if, with the advice of the Office, it finds that:needed goods or services are available only from a sole source; and the prospective contractor is not currently disqualified from doing business with the City. The agency may waive the utilization requirements if it certifies in writing to the Office that:an emergency exists that requires goods or services to be provided with such an immediacy that the agency is unable to comply with this chapter; and the prospective contractor will make every good faith effort to subcontract to minority and women’s business enterprises if subcontracting is utilized. Ord. 00-098 Ord. 16-595