Subtitle 29 – Commercial Non-Discrimination Policy

It is the intent of the City of Baltimore to avoid becoming a passive participant in private sector commercial discrimination by refusing to engage in business with business firms that discriminate in the solicitation, selection, hiring, or treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability by providing a procedure for receiving, investigating, and resolving complaints of discrimination filed against business firms that have submitted a bid or proposal for, have been selected to engage in, or are engaged in doing business with the City.

The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes.

This subtitle may be cited as the “Commercial Non-Discrimination Policy”.

It is the policy of the City of Baltimore not to accept bids or proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business.

Any adult person, business entity, association, organization, or government agency may file an administrative complaint with the Chief stating facts showing or tending to show that a business firm has engaged in discrimination against one or more other businesses. The complaint must be filed within 4 years from the date it accrues. Within 10 business days, the Chief shall notify the business firm against whom the complaint was filed that a complaint has been received.

The Office’s investigative unit shall review and investigate discrimination complaints filed under this subtitle. The City Solicitor in consultation with the Chief shall exercise his or her best judgment to assign Office staff persons, other City personnel, and outside consultants to the investigative unit as necessary to conduct investigations in a comprehensive, fair, competent, and efficient manner. The investigative unit shall seek all relevant evidence from the complainant, from the respondent business firm, and from external sources relating to the allegations of the complaint.

If the Chief determines that one or more allegations of a complaint are false and that the complainant knew them to be false when filed, or that one or more of the allegations of a complaint are frivolous and without merit, the Chief may refuse to review or investigate any complaint filed under this subtitle by the same complainant for a period of up to 3 years. The Chief may also recommend to the hearing examiner or the Board of Estimates that monetary sanctions be imposed against the complainant in the amount of the costs incurred for the investigation and review of the false or frivolous complaint.

A business firm against whom a complaint has been filed or a complainant may appeal the decision of the hearing examiner by filing a request for an appeal in writing with the City Solicitor within 10 calendar days from service of the notice of the decision. The City Solicitor, or his or her representative, shall within 10 calendar days of receipt of the request for appeal, notify all parties that an appeal has been requested, and refer the matter to the Board of Estimates to hear the appeal. The City Solicitor shall also transfer the entire record of the investigation and administrative hearing to the Board of Estimates in advance of the appeal hearing. The appeal shall be heard and the Board of Estimates shall render a final administrative decision within 90 calendar days of receipt of the request for appeal. At the appeal hearing, the Chief or the Chief’s designee shall be responsible for presenting the justifications for its findings and recommendations as previously sustained or modified by the hearing examiner.

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows:

Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in <cite data-path="|5">Article 5</cite>, Subtitle 28 of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

All requests for bids or proposals issued by the City shall include a clause that reads as follows:

As part of its bid or proposal, Bidder shall provide to the City a list of all instances within the past 5 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder has discriminated against its subcontractors, suppliers, vendors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability, and a description of any resulting sanction entered and remedial action taken.

Every contract shall include a clause that reads as follows:

Upon the City’s request, and only after the filing of a complaint against Contractor pursuant to <cite data-path="|5">Article 5</cite>, Subtitle 29, of the Baltimore City Code, as amended from time to time, Contractor agrees to provide the City, within 60 calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the Baltimore City Market Area as defined in <cite data-path="|5">Article 5</cite>, §28-1(d) of the Baltimore City Code, as amended from time to time, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Commercial Non-Discrimination Policy, as contained in <cite data-path="|5">Article 5</cite>, Subtitle 29, of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions.

The remedies provided by this subtitle are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies.

The filing, investigation, hearing, and appeal of a complaint under this subtitle does not hinder or affect the award of, performance of, or payment on a contract prior to a final administrative decision that establishes a violation.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the City Solicitor may adopt rules and regulations to carry out this subtitle.