Baltimore voted to change how it awards contracts. Here’s what to know.

In the modern history of Baltimore elections, one axiom holds near-universally: City voters approve ballot questions.

That proved to be the case again Tuesday as voters signed off on a clean sweep of nine proposed questions that will authorize borrowing millions of dollars, create a baby fund and make several structural changes to city government.

That includes a measure, Question E, eliminating the city’s requirement to choose the lowest bidder on contracts. Does it mean the city is now going to spend more? Not necessarily.

What will Question E do?

For as long as most city officials can remember, Baltimore has been required to award contracts to the lowest responsible bidder.

It’s a rule that past leaders understandably gravitated toward, said Councilman Ryan Dorsey, who headed up the City Council committee that drafted Question E and the other charter amendments on the ballot.

In reality, however, the requirement has rewarded contractors who bid low and then later increase the cost of projects via multiple change orders.

Question E will repeal the requirement to choose the lowest bidder and instead give city officials the opportunity to create a customized system for scoring contract bids.

What inspired this?

Baltimore officials, particularly those who sit on the city’s Board of Estimates that approves contracts, have long complained about significant cost overruns on projects.

Multiple proponents of Question E have pointed to the construction of the Harford Road Bridge as a prime example of why a new bidding system is needed. The bridge, which spans Herring Run in Northeast Baltimore, was rebuilt to include four lanes of traffic, bike lanes and sidewalks.

A Virginia-based contractor required 17 change orders to complete the work, driving the project over budget by millions of dollars, Dorsey said.

“It’s very possible that project went to somebody who deliberately overlooked something that other bidders were reasonably anticipating,” he said.

How will bidding work without the requirement?

It will be up to city officials to figure that out, Dorsey said. Without the requirement in the city’s charter, a new rubric could be developed that factors in local hiring or a contractor’s past performance on projects.

Baltimore already considers whether businesses are minority- or women-owned when hiring and assigns goals to some contracts for vendors to use minority or women-owned subcontractors.

“Anything that we could possibly conceive of as to why we would want to select one bidder or contractors over another is all on the table,” Dorsey said. “Whereas it was all off the table before.”

The system would be built into city code rather than the charter, which requires approval from voters to amend.

Are there pitfalls?

Potentially. Introducing factors into the bidding process other than cost creates the possibility for favoritism.

Dorsey said the city will have to approach the process “thoughtfully” to build in appropriate guardrails.

“I don’t think anybody would propose a procurement system that didn’t have appropriate safeguards,” he said. “It would be politically infeasible.”

Council President Zeke Cohen, chairman of the Board of Estimates and a proponent of Question E, said he and the council are committed to developing any necessary guardrails for the procurement system.

“Eliminating the lowest bid doesn’t eliminate the BOE’s obligation to act ethically — it means we can now determine which contract best serves the public interest,” he said.

Mayor Brandon Scott, who also advocated for Question E, said the system will still include existing built-in protections like minority contracting requirements. Residents also have the right to protest contracts before they are signed, he noted.

Costs could also increase, although Scott argued the final price may be lower. Or it could be a better bargain for residents, Scott said. He presented a hypothetical scenario where a Baltimore-based vendor bids $425,000 while an out-of-state vendor offers $400,000.

“The residents of Baltimore know that $425,000 is a best value for the city of Baltimore because that money is going to be here and stay here,” he argued.