Part I – Definitions; General Provisions
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 5, § 28-96 (2026)
§ 28-96 Definitions.LinkCopy Citation
(a)In general.
In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning.
(b)Affirmative procurement initiative.
“Affirmative procurement initiative” means a procurement tool authorized by Part IV of this chapter to be used to enhance contracting opportunities for small local business enterprise firms, including bonding and insurance waivers, bid incentives, price preferences, sheltered market, mandatory subcontracting, competitive business development demonstration projects, and SLBE evaluation preference points in the scoring of proposal evaluations.
(c)Commercially useful function.
(1)
“Commercially useful function” means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise, as determined by an evaluation of:
(i)
the amount of work subcontracted;
(ii)
normal industry practices;
(iii)
whether the amount the firm is to be paid under the contract is commensurate with both the work it is actually performing and the SLBE credit claimed for its performance of the work; and
(iv)
other relevant factors.
(2)
A firm does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE participation, when in similar transactions in which SLBE firms do not participate, there is no such role performed.
(d)Emerging SLBE.
“Emerging SLBE” means a firm that meets the eligibility requirements specified in <cite data-path="|5|§28-107|(a)">§ 28-107(a) {“Certification as Emerging SLBE: Eligibility”} of this chapter</cite>.
(e)Goal-setting committee; GSC.
“Goal-setting committee” or “GSC” means a committee appointed by the Chief in accordance with this chapter to assist in the administration of the SLBE Program.
(f)Independently owned and operated.
“Independently owned and operated” means a firm:
(1)
that is independent and directly owned by individuals only; and
(2)
whose day-to-day management is direct and independent of the influence of any other business that cannot itself qualify under the SLBE eligibility requirements.
(g)Principal place of business.
“Principal place of business” means a location where a firm maintains a headquarters or physical office within the geographic boundaries of the City limits and through which it coordinates and obtains no less than 50% of its overall sales dollars.
(h)Professional services.
(1)
“Professional services” means any non-construction, non-architectural, or non-engineering services that require highly specialized training or licensed credentials to perform, such as legal, accounting, scientific, technical, insurance, investment management, medical, or real estate services.
(2)
The term “professional services” as used in this chapter is not intended to be restricted to those professional services that are exempted from formal advertising requirements pursuant to Article VI, § 11, of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> or competitive bidding requirements pursuant to Article VII, § 17, of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>.
(i)Services.
“Services” means non-construction, non-architectural, and non-engineering services that are not professional services and do not require any license or highly specialized training or credentials to perform.
(j)Sheltered market.
“Sheltered market” means an affirmative procurement initiative designed to set aside a City contract offering for bidding exclusively among certified SLBE firms or certified Emerging SLBE firms.
(k)Small local business enterprise; SLBE.
“Small local business enterprise” or “SLBE” means a firm that meets the eligibility requirements specified in <cite data-path="|5|§28-105|(a)">§ 28-105(a) {“ Eligibility for SLBE Program: General eligibility requirements”} of this chapter</cite>.
History: Ord. 16-595
History: Ord. 17-068
Balt., Md., Code art. 5, § 28-97 (2026)
§ 28-97 Purpose; Scope.LinkCopy Citation
(a)Purpose.
(1)
The purpose of this chapter is to establish a race- and gender-neutral remedy for ongoing effects of past discrimination in the marketplace by providing a variety of procurement tools for the City that will ensure that all segments of its local business community have a reasonable and significant opportunity to participate in City contracts for construction, architectural, and engineering services, professional services, services, and materials, supplies, and equipment.
(2)
The SLBE Program also furthers the City’s public interest to foster effective broad-based competition from all segments of the vendor community, including minority business enterprises, small business enterprises, and local business enterprises. This policy is, in part, intended to further the City’s compelling interests in both ensuring that it is neither an active nor passive participant in private sector marketplace discrimination, and in promoting equal opportunity for all segments of the contracting community to participate in City contracts.
(3)
The SLBE Program also provides additional avenues for the development of new capacity and new sources of competition for City contracts from the growing pool of small and locally based businesses. This capacity building will increase the quality of bidding on City contracts and lower prices for City contracts over the long term.
(b)Scope and limitations.
This SLBE Program may be applied by the City on a contract-by-contract basis to the maximum practicable extent permissible under federal and state law, as well as <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>.
History: Ord. 16-595
Balt., Md., Code art. 5, § 28-98 (2026)
§ 28-98 Program objectives.LinkCopy Citation
To meet the objectives of the SLBE Program, the City is committed to:
(1)
increasing the participation of SLBEs in City contracting and, to the extent possible, ameliorating through race- and gender-neutral means any disparities in the participation of minority business enterprises or women business enterprises on City contracts;
(2)
regular evaluation regarding the progress of the SLBE Program, using accumulated availability and utilization data to determine specific program provisions that require modification, expansion, or curtailment; and
(3)
providing accountability and accuracy in setting goals and in reporting program results through the City’s Centralized Purchasing System, in the Department of Finance, Bureau of Purchases, which maintains a centralized bidder registration process capable of identifying with specificity the universe of firms that are available and interested in bidding on, or performing on, City contracts, and of providing the means of tracking actual City bids, contract awards, and prime contract and subcontract payments to registered bidders, on the basis of certification status, and commodity or service code.
History: Ord. 16-595
Balt., Md., Code art. 5, § 28-99 (2026)
§ 28-99LinkCopy Citation
Reserved