MWBE certification and size standards; renewal of certification; decertification; graduation.

Denver Revised Municipal Code § 28-55

in effect

Sec. 28-55. - MWBE certification and size standards; renewal of certification; decertification; graduation. (a) The DSBO is authorized to establish the size standards for the certification of business enterprises as further provided in the applicable rules and regulations and in accordance with articles of III, V and VII of this chapter 28. No applicant business enterprise shall be certified as an MWBE, and following certification of an MWBE, no certification shall be renewed, if on the effective date of the application or renewal the applicant business enterprise or MWBE (combined with all affiliates) has achieved a size standard established by the DSBO. (b) No applicant business enterprise shall be certified as an MWBE, and following certification of an MWBE, no certification shall be renewed, if on the effective date of the application or renewal the socially and economically disadvantaged minority or woman upon which certification is based is not economically disadvantaged, as defined in section 28-35(25). (c) If an MWBE has been certified by the city in more than one (1) NAICS Code or has an affiliate that has been certified by the city in a NAICS Code other than that of the MWBE, then the annual receipt level or employee or other criterion used as the graduation criterion for such MWBE shall apply separately to each NAICS Code for which the MWBE and its affiliate have been certified. Such an MWBE and any affiliate that has exceeded the graduation criteria in one (1) NAICS Code shall be deemed to be graduated from this article III and its divisions as to that code, and, if the graduation requirements of subsections (a) or (b) above do not apply, may continue to be certified in another NAICS Code having a higher monetary or employee number graduation level but shall no longer be considered eligible to be or remain certified in the NAICS Code with the lower size standard. Such an MWBE or any affiliate that has exceeded the graduation criteria for the largest NAICS Code applicable to its activities shall be deemed to be graduated from this article III and its divisions for the duration of the period in which the MWBE exceeds the graduation criteria. Graduated MWBEs may reapply for certification if they meet the criteria for certification including the requisite size standard. (d) Graduation of an MWBE shall not affect the contribution made by the MWBE toward satisfaction of a participation goal if the work was bid or proposed to be performed by the MWBE prior to the date of ineligibility for certification based on achievement of the graduation criterion. (e) Application to affiliates. The graduation criteria set forth above shall be deemed to apply to the socially and economically disadvantaged minority individual or woman upon whom eligibility for certification is based and all affiliates of such minority individual or woman. No applicant business enterprise shall be certified based upon one (1) or more socially and economically disadvantaged minority individuals or women who owned or who was an affiliate of an MWBE that has become ineligible for renewal of certification because of the achievement of graduation criteria. (f) The certification status of all MWBEs shall be reviewed periodically by the DSBO. Failure of a certified and eligible MWBE to seek timely renewal of certification by filing the necessary documentation with the DSBO may result in decertification. An MWBE's certification may be suspended for failure to comply with all certification requirements set forth in this article III and its divisions and the rules and regulations. (g) In accordance with the DSBO's regulations, it shall decertify an MWBE that does not continuously meet the eligibility criteria for certification. (1) The MWBE shall notify the DSBO of any change in its circumstances affecting its continued eligibility for certification under this article III and its divisions within thirty (30) days of the MWBE's actual awareness of such change of circumstances. Failure to do so may result in the MWBE's decertification. (2) The director may move to decertify an MWBE that repeatedly fails to respond to requests for quotations from bidders or proposers who timely solicit participation on a contract, attend relevant pre-bid or pre-proposal conferences, honor quotations in good faith, or otherwise comply with the requirements of this article III and its divisions. (h) An applicant business enterprise or MWBE that has been denied certification or renewal or certification or been decertified may protest the denial of certification or decertification by the procedure set out in section 28-69. An applicant business enterprise or MWBE found to be ineligible for certification or renewal of certification may not apply for certification or renewal of certification for one (1) year after the effective date of the final decision. (Ord. No. 286-20, § 2, 4-13-20; Ord. No. 833-21, §§ 2, 3, 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_ARTIIINOCOCOREREPRDECOSE_DIV3NOCOCOREREPRDECOSE_SDIMWPRCOCOREREPRDECOSE_S28-55MWCESISTRECEDEGRFetched: 10/27/2026