For the purposes of determining compliance with contract goals, a business enterprise may be counted as an MBE or WBE only if it has been so certified by the Office before bid opening. If a business listed in a bidder’s Information and Utilization Commitment Form has not been certified, the amount of participation will be deducted from the total MBE or WBE utilization in determining whether the bidder is responsive. Ord. 00-098

To be eligible for certification as a minority business enterprise or women’s business enterprise, the business enterprise must:be an independent, operating business; be at least 51% minority- or women-owned; before applying for certification, have been in operation for at least 12 months before applying for certification; have been minority- or women-owned for at least 12 months before applying for certification; and have an operating office in the Baltimore City Market Area. To determine whether the business enterprise has the required operating office, the Office will consider the office arrangements, industry practices, and other relevant factors. Ord. 00-098 Ord. 07-606 Ord. 08-063

The ownership and control by minorities or women must be:real and substantial; and indicated by the customary incidents of ownership, as demonstrated by an examination of the substance rather than the form of ownership and operating arrangements. The minority or women owners must possess the power:to direct or cause the direction of the management and policies of the business enterprise; and to make day-to-day decisions, as well as decisions on matters of management, policy, and operations. The business enterprise may not be subject to any formal or informal restrictions that limit the customary discretion of the minority or women owners. There may not be any restriction, whether by partnership agreement, charter requirements, or other arrangement, that prevents the minority or women owners from making business decisions without the cooperation or vote of any owner who is not a minority or a woman. The operating arrangements and the ownership and control by the minority-group members must have been in operation for at least 12 months before applying for certification. Ord. 00-098

With the advice of the Office, the Board of Estimates may establish maximum size standards for minority and women’s business enterprises. There may be separate size standards for separate business categories. The Board of Estimates must annually review any size standards established under this section. A business enterprise may not be certified as an MBE or WBE or, once certified, have its certification renewed if, on the effective date of the application or renewal, the MBE or WBE no longer meets size standards established under subsection (a) of this section. Ord. 00-098 Ord. 07-606

The Office may investigate a business enterprise’s ownership, management, qualifications, and other relevant matters beyond formal documentation:at the initial certification; and during certification or recertification. To the extent reasonably necessary to ensure compliance, these investigations may include, but are not limited to:personal interviews with persons having knowledge or relevant information relating to a business enterprise’s eligibility, certification, or decertification; personal interviews with bidders, contractors, vendors, or suppliers involved in a joint venture or contractual relationship with the business enterprise; reviewing records pertaining to certification; and conducting random, on-site visits, audits, or relevant inquiries. Ord. 00-098

The Office may decertify a business that it determines no longer meets the certification criteria. Ord. 00-098

All adverse certification determinations by the Office must:be in writing; include the reasons for the determination; and be sent to the affected business enterprise. An aggrieved party has a right to protest an adverse certification determination and seek administrative review. To obtain administrative review, the aggrieved party must submit a written protest to the Chief within 7 days of receipt of the adverse determination. The protest must specify the reasons and factual grounds of the protest and be accompanied by any supporting documents. Within 25 days of receipt of the protest, the Chief must:review the protest and all relevant supporting documents; and render a written decision that includes the reasons for the decision. After all departmental remedies have been exhausted, the aggrieved applicant may request a hearing before a panel of independent hearing officers, with 1 member of the panel being appointed by the President of the City Council and the other members of the panel being appointed by the City Solicitor. The hearing officer must be knowledgeable of Baltimore City procurement laws and procedures, including this subtitle. Ord. 00-098 Ord. 07-606