In this subtitle, the following words have the meanings indicated.
“Board” means the Baltimore City Board of Estimates.
“Business” means any commercial activity conducted by a person.
“City” means:the Mayor and City Council of Baltimore; and
any of its agencies, instrumentalities, or units.
“Contract” means any agreement in any form.
“Controlling stockholder” means a stockholder who:owns more than 25% of the voting stock of a corporation; or
notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.
“Convicted” includes an accepted plea of nolo contendere.
“Principal” means:a sole proprietor;
a partner, officer, director, or controlling stockholder; or
an employee directly involved in the process of obtaining contracts with public bodies.
“Public body” means:the United States;
the State of Maryland;
the City of Baltimore;
any other local governmental unit in the State, including a county, a municipal corporation, or a bicounty or multicounty governmental entity; and
any agency, instrumentality, or unit of these entities.
Ord. 00-005
Ord. 22-125
For purposes of this subtitle, the Board may treat the imposition of probation before judgment as a conviction.
Ord. 00-005
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board may adopt rules and regulations to carry out this subtitle.
Ord. 00-005
Text Conformed 02/14/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
All notices required to be given under this subtitle must be in writing.
Ord. 00-005
A person is debarred by operation of law from entering into a contract with the City if the person has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body.
Ord. 00-005
The Board may debar a person from entering into a contract with the City, if the person:
has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with a public body;
has been convicted under the laws of another state of bribery, attempted bribery, or conspiracy to bribe; or
during the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of this State, another state, or the United States.
Ord. 00-005
The Board may debar a person from entering into a contract with the City if that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities:has been convicted under the laws of the City, this State, another state, or the United States of:a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or
fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;
has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States;
has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract;
has been convicted of a violation of Title 14 {“Preferences”}, Subtitle 3 {“Minority Business Participation”} of the State Finance and Procurement Article;
has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in paragraphs (1) through (5) of this subsection;
has been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or
has been found in a final administrative determination to have violated the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of <cite data-path="|5">this article</cite>.
The Board may debar a person from entering into a contract with the City if, during the course of an official investigation or other proceeding, that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law described in subsection (a) of this section.
Ord. 00-005
Ord. 06-186
The Board may debar a person from entering into a contract with the City:
if the Board finds that the person was established or operates in a way designed to evade the application of this subtitle or to defeat the purpose of this subtitle;
if the person is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended;
for one of the following violations of a contract provision, if the Board believes the violation to be serious enough to justify debarment:the deliberate failure to perform in accordance with the specifications or within the time limits provided in a contract; or
within the preceding 5 years, the failure to perform or the unsatisfactory performance in accordance with the terms of 1 or more contracts, unless the failure to perform or unsatisfactory performance was caused by acts beyond the control of the person; or
for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process.
Ord. 00-005
The City Solicitor may designate one or more Assistant Solicitors to perform the functions and duties assigned by this subtitle.
Ord. 00-005
The City Solicitor shall promptly report to the Board any information that indicates a basis for instituting debarment proceedings under this subtitle.
Ord. 00-005
The City Solicitor shall investigate the matters to be determined by the Board in any hearing held under this subtitle.
Ord. 00-005
This section applies whenever the City Solicitor reasonably believes that a person may have information or may possess or have custody of or control over any potential evidence, wherever situated, that the City Solicitor believes is relevant to an investigation under this subtitle.
Before making any recommendation to the Board, the City Solicitor may serve on a person described in subsection (a) of this section a written investigative demand that requires the person to do one or more of the following:be examined under oath;
answer written interrogatories; or
produce documentary material for inspection and copying.
The demand of the City Solicitor shall:state the matter under investigation;
describe the documentary material to be produced with sufficient specificity to indicate fairly the material demanded;
contain a copy of the written interrogatories to be answered;
specify the place for taking testimony and for producing documentary materials; and
prescribe a reasonable time of not less than 3 days after the demand is served within which the person must comply with the demand.
If the person fails to comply with the demand, the City Solicitor may apply to a court of appropriate jurisdiction for an order requiring compliance.
Ord. 00-005
On completing the investigation of a person, the City Solicitor may recommend to the Board whether the Board should:
institute debarment proceedings against the person; and
suspend the person pending a final decision.
Ord. 00-005
As a party to any proceeding brought under this subtitle, the City Solicitor may:
present to the Board the evidence that the City Solicitor considers appropriate; and
recommend to the Board:whether the Board should debar the person; and
the appropriate time period for the debarment.
Ord. 00-005
Each agency, instrumentality, and unit of the City shall promptly report to the Board any information that indicates a cause for debarment under:§ 40- 5 {“Automatic debarment for certain bribery offenses”};
§ 40-6 {”Other bribery offenses”};
§ 40-7 {“Violations of other laws”}; or
§ 40-8 {“Other events”}.
The Board shall seek to obtain from the State Board of Public Works timely copies of reports made to the State Board under § 16-302 of the State Finance and Procurement Article.
Ord. 00-005
This section applies if:a person is convicted of an offense described in <cite data-path="|5|§40-5">§ 40-5 {“Automatic debarment for certain bribery offenses”} of this subtitle</cite>; and
that person or a business in which that person is a principal is seeking a contract with the City.
When the Board learns of the conviction, the Board shall:notify the person of the person’s automatic debarment under <cite data-path="|5|§40-5">§ 40-5 of this subtitle</cite>; and
give the person reasonable opportunity to be heard on whether the stated basis for debarment exists.
Ord. 00-005
This section applies if:a person is subject to debarment under § 40-6 {“Other bribery offenses”}, § 40-7 {“Violations of other laws”}, or <cite data-path="|5|§40-8">§ 40-8 {“Other events”} of this subtitle</cite>; and
that person or a business in which that person is a principal is seeking or is performing under a contract with the City.
When the Board receives information that indicates a basis for debarring a person under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board may institute debarment proceedings by notice to that person.
The notice shall state:the grounds for the debarment;
the person’s right to a hearing before the Board; and
that the right to a hearing is waived unless the person files a request for hearing as required by subsection (c) of this section.
A request for a hearing must be:in writing; and
filed with the Board within 30 days after the person received the notice.
If the person fails to file a request for hearing as required by subsection (c) of this section, the person:waives the right to a hearing; and
is debarred.
Ord. 00-005
Pending a final decision on a debarment, the Board may suspend any person against whom debarment proceedings have been instituted under this subtitle.
A business is suspended to the same extent that a person is suspended under this section if:the suspended person’s debarment would cause the debarment of the business under <cite data-path="|5|§40-20">§ 40-20 {“Debarment of businesses”} of this subtitle</cite>; and
the Board notifies the business of its suspension under this subsection.
A person or business suspended under this section may petition the Board to modify or terminate the suspension.
In its sole discretion, the Board may conduct a hearing on the petition.
In considering the petition, the Board shall determine whether the integrity of the contracting process and the best interests of the City would be served by continuing, modifying, or terminating the suspension.
The Board shall give the petitioner notice of the Board’s decision.
Ord. 00-005
Within 90 days after receipt of a request for a hearing, the Board shall:conduct a hearing; and
decide whether the person should be debarred.
The time for hearing and decision may be extended by the Board for good cause shown.
In a proceeding under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board shall:determine whether the integrity of the contracting process and the best interests of the City would be served by debarring the person from entering into or performing contracts with the City; and
for that purpose, consider all relevant factors, including:the nature and seriousness of the act that caused the person to be subject to debarment;
the time the act occurred;
whether and to what extent the person cooperated with authorities investigating the matter;
the conditions under which the person cooperated; and
the conduct of the person since the act occurred.
The Board shall notify the person of the Board’s decision.
The notice shall:state whether the person is debarred for the act in question; and
if the person is debarred, state the period of debarment.
Ord. 00-005
A business is debarred from entering into or performing under a contract with the City if the Board debars any principal in that business.
A business debarred under subsection (a) of this section is debarred to the same extent as the debarred principal.
A business remains debarred under this section:as long as the debarred person remains with the business in any principal capacity; or
until the debarment is removed in accordance with this subtitle.
The Board shall notify a business of any debarment of the business under this section.
Ord. 00-005
If the conviction that was the basis for a debarment or suspension is reversed or otherwise voided, the debarment or suspension terminates automatically.
Ord. 00-005
A person debarred under this subtitle may petition the Board for removal of the debarment as provided in this section.
For a person debarred under § 40-5 or <cite data-path="|5|§40-6">§ 40-6 of this subtitle</cite>, the petition may be filed at any time after expiration of 5 years from:the date of the debarment; or
in the case of an automatic debarment under § 40-5, the date of the Board’s notice under § 40-16 {“Notice and opportunity for hearing — automatic debarments”}.
For a person debarred under § 40-7 or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the petition may be filed at any time after expiration of the earlier of:one-half of the period of debarment; or
5 years from the date of the debarment.
Ord. 00-005
Ord. 14-307
Within 90 days after receipt of a petition, the Board shall:conduct a hearing; and
decide whether the debarment should be removed.
The time for hearing and decision may be extended by the Board for good cause shown.
In deciding whether the debarment should be removed, the Board shall:determine whether the integrity of the contracting process and the best interests of the City would be served by continuing the debarment; and
for that purpose, consider all relevant factors, including those listed in § 40-19(b) {“Hearing and decision: Factors to be considered”}.
The Board shall notify the petitioner of the Board’s decision.
The notice shall state:whether the debarment is removed or continued; and
if continued, how long the petitioner must wait before again petitioning for reinstatement.
Ord. 00-005
A person or business that is debarred or suspended under this subtitle may not, at any time during the period of debarment or suspension, be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the City.
Ord. 00-005
The Board shall keep a roster of all persons and businesses debarred or suspended under this subtitle.
The roster is a public record.
Ord. 00-005
On submitting a bid, proposal, or other offer or request for a contract with the City, a person must submit an affidavit as provided in this section.
The affidavit shall state whether, to the best of the person’s knowledge, the person or any principal in the person’s business:has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of this State, any other state, or the United States;
has been convicted of any offense described in <cite data-path="|5|§40-7">§ 40-7 of this subtitle</cite>;
has been found civilly liable under an antitrust statute as described in <cite data-path="|5|§40-7">§ 40-7 of this subtitle</cite>; or
is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended.
The affidavit also shall contain the person’s affirmation that, in performing the contract with the City, it will not knowingly contract with a person or business debarred or suspended under this subtitle to provide, directly or indirectly, supplies, architectural services, construction or construction-related services, leases of real property, or any other goods or services.
The requirements of this section are satisfied if the affidavit:incorporates by reference the statements contained in an affidavit filed with the City within the previous year; and
states that those statements remain accurate.
Ord. 00-005
Except as provided in subsection (b) of this section, debarment proceedings under this title must be instituted within 5 years after:the conviction or judgment that constitutes cause for debarment has become final;
the admission that constitutes cause for debarment has been made; or
the occurrence of any other event that constitutes a cause for debarment.
Debarment proceedings may be brought after the period set forth in subsection (a) of this section if they are instituted within 1 year of when the Board discovered or, by the exercise of ordinary diligence, should have discovered the grounds for debarment.
Ord. 00-005