§ 28-61. Agency's pre-solicitation request.

(a) In general.

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.

(b) Criteria for granting.

The Office may grant the waiver or reduction if the Office determines that:

(1) the reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder infeasible; or

(2) 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.

(c) Amount to be specified.

Any reduction granted by the Office must specify the amount to which the goal has been reduced.

(d) Appeal of denial.

(1) Whenever the Office denies a request to waive or reduce a goal, the contracting agency may appeal that denial to the Board of Estimates.

(2) The Board's decision on the request is final.