SBE defined procurement pool—Compliance by SBEs required throughout performance of city contract or purchase order.

Denver Revised Municipal Code § 28-146

in effect

Sec. 28-146. - SBE defined procurement pool—Compliance by SBEs required throughout performance of city contract or purchase order. (a) Upon award of a city contract or city purchase order, compliance with the commercially useful function requirement and other performance requirements required under this article V by the SBE becomes a covenant of performance by the SBE vendor, contractor or consultant in favor of the city. It shall be an ongoing, affirmative obligation of the SBE on such contract or purchase order to perform all requirements, including, but not limited to, the provision of a commercially useful function, for the duration of the city contract or purchase order, unless the city initiates a material alteration to the goods to be provided or services to be performed affecting the SBE's performance of a commercially useful function on the contract or purchase order through a written amendment. Graduation of an SBE shall not affect the contribution made by the SBE toward participation if the work was bid or proposed to be performed by the SBE prior to the date of ineligibility for certification based on achievement of the graduation criteria. (b) The DSBO shall review all contracts and purchase orders to determine compliance by SBEs with the provisions contained in sections 28-140 through 28-150. The review shall include, but not be limited to: (1) An examination of the goods provided, work performed, industry practice, and other relevant factors to determine whether the commercially useful function on the contract or purchase order was has been maintained over the term or duration of the contract or purchase order; and (2) A determination of whether the SBE has performed its other contract performance obligations over the term or duration of the contract or purchase order. The purchasing division or user department, as appropriate, will provide bid documentation for each specific procurement opportunity to the DSBO director at the time of bid opening. (c) All participation by SBEs who are also MWBEs will be credited toward the annual goal based upon an analysis by the DSBO of the specific duties performed by the MWBE and the extent to which such duties constitute a commercially useful function for each contract or purchase order. SBE participation on contracts or purchase orders that does not include utilization of or by MWBEs shall be calculated separately by the DSBO based upon an analysis of the specific duties performed by the SBE and the extent to which such duties constitute a commercially useful function for each contract or purchase order. The DSBO director or manager or department head may undertake such inquiries or studies, engage such employees or retain such consultants as may be necessary to assist the director in rendering these determinations. (Ord. No. 286-20, § 3, 4-13-20; Ord. No. 833-21, § 10, 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_ARTVNOCOPUORGOSEOPMIWONEBUSMBUENPRGOSE_S28-146SBDEPRPOOMSBRETHPECOPUORFetched: 10/27/2026