Potential violations during contract or concession agreement performance.
Denver Revised Municipal Code § 28-227
in effectSec. 28-227. - Potential violations during contract or concession agreement performance.
(a) A contractor, consultant or concessionaire that has been awarded a contract or concession agreement based upon a given level of SBE, SBEC, or EBE participation shall not, at any time before or during the performance of such contract or concession agreement:
(1) Fail to in fact perform as an SBE, SBEC, or EBE, as applicable, to achieve the work scope that was originally listed at bid opening or proposal submission in order to achieve defined selection pool requirements; or
(2) Fail to in fact utilize SBE, SBEC, or EBE subcontractor(s), subconsultant(s) or supplier(s) to achieve the work scope that was originally listed at bid opening or proposal submission in order to achieve required minimum utilization of SBE, SBEC, or EBE subcontractors, subconsultants and suppliers, if applicable; or
(3) Modify or eliminate all or a portion of the scope of work attributable to the SBE or EBE upon which the contract or concession agreement was awarded, unless directed by the city; or
(4) Terminate an SBE, SBEC, or EBE originally utilized as a subcontractor, subconsultant, joint venturer, supplier, manufacturer, manufacturer's representative or broker in order to be awarded the contract without replacing such SBE, SBEC, or EBE subcontractor with another SBE, SBEC, or EBE subcontractor, performing the same commercially useful function and dollar amount, to substitute another SBE subcontractor; all subject to the DSBO's approval;
(5) Retaliate against any SBE, SBEC, or EBE subcontractor that reports issues to the DSBO or user department;
(6) Participate in a conduit relationship with an SBE, SBEC, or EBE subcontractor scheduled to perform work on the contract;
(7) Otherwise fail to meet the minimum utilization requirements; or
(8) Commit any other violation of this article VII, or rules and regulations promulgated hereunder, which constitutes a material breach of the contract, not mentioned above.
(b) Any action by a contractor, consultant or concessionaire in violation of subsections (a)(1) through (8) hereof, shall constitute a material breach of the contract or concession agreement that shall entitle the city or private owner to exercise all of its rights at law or equity for such material breach, in addition to exercising any of the other sanctions set out in section 28-229. If, following contract or concession agreement award, an SBE, SBEC, or EBE has its certification terminated for reasons other than expiration of certification, or graduation from certification under section 28-206, or an SBE, SBEC, or EBE fails to perform a commercially useful function, the participation of which was originally counted for that SBE, SBEC, or EBE in awarding the contract or concession agreement, or an SBE, SBEC, or EBE voluntarily withdraws its participation on the contract or concession agreement and the contractor, consultant or concessionaire can demonstrate that such termination or failure did not result from any action or inaction, whether direct or indirect, of or by the contractor, consultant or concessionaire, such termination of certification or failure to perform a commercially useful function shall not be deemed to affect compliance with the contract or concession agreement defined selection pool requirements or minimum SBE, SBEC, or EBE utilization requirements, and shall not be deemed a breach of the contract or concession agreement.
(Ord. No. 286-20, § 4, 4-13-20; Ord. No. 833-21, § 20, 8-23-21)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH28HURI_ARTVIIOPSMBUENEMBUENCOCOREREPRDECOSESMBUENCOCOAGTHDESEPOCOCOAG_S28-227POVIDUCOCOAGPEFetched: 10/27/2026