Contracts for professional design and construction services and concession agreements—SBE or EBE subconsultant and supplier minimum utilization requirements.
Denver Revised Municipal Code § 28-215
in effectSec. 28-215. - Contracts for professional design and construction services and concession agreements—SBE or EBE subconsultant and supplier minimum utilization requirements.
(a) In addition to determining that a contract should be subject to the defined selection pool requirements set out in section 28-214, the director may, in collaboration with the department heads, also add a requirement to the proposal instructions for each defined selection pool professional design and construction services contract assigning a minimum utilization requirement on such contract for SBE or EBE utilization as subconsultants and/or suppliers, based upon a percentage of the dollar value of all work on such contract; provided that, if the director determines it to be in the best interests of the city, the director may in consultation with the user department waive the application of minimum SBE or EBE subconsultant or supplier utilization for a given contract. The minimum utilization requirement assigned by the director to each such contract may vary from contract to contract consistent with the availability of SBEs or EBEs with respect to such contract. Such minimum utilization requirement, if established, is not a goal, but a mandatory requirement of the contract. The DSBO shall establish a methodology for the establishment of minimum utilization requirements through rules and regulations. Such methodology shall consider the reasonably known availability of SBEs in specific industry groupings that are associated with individual projects.
(b) The following factors shall count toward SBE or EBE utilization requirements as more specifically provided below: portions of work undertaken by SBEs or EBEs as subconsultants, suppliers, manufacturers, manufacturer's representatives or brokers.
(c) The SBE or EBE minimum utilization requirements shall not be applied to concession agreements under this article VII.
(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_S28-215COPRDECOSECOAGBEEBSUSUMIUTREFetched: 10/27/2026