Definitions.
Denver Revised Municipal Code § 28-123
in effectSec. 28-123. - Definitions.
As used in this article V, the following words and phrases shall have the following meanings, unless otherwise clearly required by the context:
(1) Affiliate, for purposes of this article V, will have the meaning set forth in section 28-35(1) and the meaning set forth in section 28-204(1), as applicable.
(2) Annual goal means the targeted level for the aspirational goal established by the city for the annual aggregate participation of MWBEs in city contracts and city purchase orders.
(3) Applicant business enterprise means a business enterprise seeking to be certified as a minority, woman, or small business enterprise, as appropriate, to provide goods or services under this article V.
(4) Bid means an offer to provide goods or perform services for a price under a city contract or purchase order with the city in response to a bidding procedure.
(5) Bidder means a business enterprise that submits a bid on a city contract or purchase order that is offered for bidding by the city to acquire goods or services.
(6) Broker means a business enterprise that performs a commercially useful function as an intermediary, for a fee, in the acquisition of goods regardless of whether it takes title to such goods for the city or its vendors, contractors, consultants, or suppliers, but is not a manufacturer, manufacturer's representative, supplier, or distributor. Acting as a broker as required and sought by the city or as is normal industry practice for a specific purchase of goods is considered a commercially useful function. A packager shall be considered and treated as a broker.
(7) Business enterprise means an individual, sole proprietorship, corporation, limited liability company, partnership, limited partnership, limited liability limited partnership, joint stock company, joint venture, professional association or any other legal entity operated for profit that is properly licensed or registered, as applicable, owned, and controlled by persons who are citizens of the United States or lawful permanent residents of the United States, and otherwise authorized to do business in the State of Colorado.
(8) Certification means completion by a business enterprise of an application procedure to be developed by the DSBO, and formal authorization by the DSBO director to participate as an MWBE, EBE, or SBE under this article V. Certification neither represents nor implies that a business enterprise is qualified to perform on a city procurement contract, nor that it performs a commercially useful function.
(9) City means the City and County of Denver and its participating user departments.
(10) City contract or city purchase order means any city contract, purchase order, or master purchase order for the acquisition of goods or services authorized by the Charter, Municipal Code, and executive orders of the city, including, but not limited to, contracts and purchase orders awarded by a formal or informal bidding procedure or competitive selection process, but will not include a contract or purchase order excluded under section 28-118 of this Code or a contract or purchase order for professional services that are not services. City contract or city purchase order shall include the acquisition of goods or services by the city through other contracts and purchase orders ancillary to cooperative agreements or understandings with other public and private agencies for the maintenance, repair, management, or operation of public facilities, park and recreational facilities, museums, zoological and other gardens, collections of natural history, and observatories or for the provision of public services, programs, or activities by public or private agencies at public facilities, park and recreational facilities, museums, zoological and other gardens, collections of natural history, and observatories.
(11) Commercially useful function means responsibility for the provision of goods or a distinct element of services under a contract or purchase order that is carried out by a business enterprise actually performing, maintaining control, managing, and supervising the goods or services provided. In determining whether a firm is performing or has performed a commercially useful function, the DSBO will analyze whether the firm is performing functions set forth in this definition and this ordinance including, but not limited to, responsibility for, with respect to materials and supplies used for the contract work; negotiating price; determining quantity and quality; ordering materials, supplies or equipment; performing installation where applicable; and paying for materials, supplies or equipment. To determine whether a firm is performing a commercially useful function, the DSBO will evaluate the amount of work contracted, industry practices, the amount paid to the firm in proportion to the work actually performed, credit claimed toward goal achievement (if applicable), and other relevant factors. Commercially useful function is assessed for purposes of determining participation on a contract, not for determination of certification eligibility.
(12) Conduit means an MWBE or SBE that knowingly agrees to pass all or part of the goods or services for which it is listed for participation, and is scheduled to perform or supply on a city contract or purchase order to a business entity that is not an MWBE or SBE, or does not carry out the responsibilities required for MWBE or SBE participation by actually performing, managing, controlling and supervising the work involved. In this type of relationship, the MWBE or SBE has not performed a commercially useful function and the arranged agreement between the two (2) parties is not consistent with standard industry practice. This arrangement does not meet the commercially useful function requirement, and therefore the participation of the MWBE or SBE does not count toward the participation goal or annual goal, as appropriate. Conduit may also be referred to as a passthrough.
(13) Contractor, consultant or vendor means a business enterprise that enters into a city contract or purchase order for acquisition of goods or performance of services pursuant to the Charter, Municipal Code, and executive orders of the city. The terms contractor, consultant or vendor include prime contractors and general contractors.
(14) Day, unless otherwise indicated, means calendar day.
(15) Defined procurement pool means city bid opportunities for goods or services for which the estimated cost exceeds fifty thousand dollars ($50,000.00) but does not exceed nine hundred ninety-nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($999,999.99).
(16) Department head means the manager or director of the city department, user department or agency or the elected official initiating or requesting the city enter into contract(s) for goods or services utilizing MWBE or SBE participation, or such person's designee.
(17) Distributor has the same definition as the term "supplier" as set forth in section 28-123(46) below.
(18) DSBO or the DSBO means the division of small business opportunity.
(19) DSBO director means the director of the division of small business opportunity or successor agency, or such director's designee.
(20) DSBO required forms means the certifications, letters of intent, commitment forms and other forms and documents defined by ordinance and the rules and regulations, referenced in the applicable procurement documents, and required by the DSBO to confirm and evaluate a bidder's or proposer's commitment to utilization of certified firms and other DSBO program requirements. No authorized alteration or modification of a DSBO required form is permitted. The DSBO reserves the right to reject altered or modified forms.
(21) Doing business means having a physical location from which to engage in for-profit activities in the scope(s) of expertise of the business enterprise.
(22) Expertise means demonstrated skills, knowledge, or ability to perform in the field of endeavor in which certification is sought by the business enterprise as defined by normal industry practices, including licensure or registration where required.
(23) [Reserved]
(24) Good faith efforts means substantive and meaningful good faith actions undertaken by a contractor, consultant, or vendor to achieve the MWBE participation goal as defined in more detail in section 28-128 of this article V.
(25) Goods means tangible, physical items that may or may not be fungible and that are not a service. The term "goods" includes "supplies" as such term is set forth in subsection 20-61(i) of the Denver Revised Municipal. Goods shall not include those good expressly excluded under section 28-118. The DSBO will establish, in consultation with the purchasing division or user departments, subcategories of goods corresponding to the codes set forth in the North American Industrial Classification Standard (NAICS) codes system, or successor classification system.
(26) Invitation for bid or request for bid means a written invitation or request to prospective vendors, contractors, or consultants to submit a bid to provide goods or perform services for a price in response to bidding procedures conducted by user departments as authorized by the charter, ordinances, or executive orders of the city.
(27) Joint venture means an association of two (2) business enterprises to constitute a single business enterprise to perform a city contract or purchase order for goods or services for which purpose they combine their property, capital, efforts, skills, and knowledge, and in which venture each joint venturer is responsible for a distinct, clearly defined portion of the work of the contract or purchase order, performs a commercially useful function, and whose share in the capital contribution, control, management responsibilities, risks, and profits of the joint venture are equal to its ownership interest. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationships between the joint venturers and their relationship and responsibility to the contract or purchase order.
(28) Letter of intent means a DSBO required form which shall be a written communication from a bidder or proposer to the city with respect to a contract or purchase order evidencing an understanding between an MWBE and the bidder or proposer that, if the bidder or proposer is selected, then such MWBE has or will enter into a contractual relationship with the bidder or proposer on such contract or purchase order or that such bidder or proposer will self-perform as an MWBE on such contract or purchase order.
(29) Manufacturer means a business enterprise that operates or maintains a factory or establishment that produces or substantially alters on the premises the materials, supplies equipment, or goods provided to a vendor, contractor, or consultant, or to subcontractors, subconsultants, subvendors, suppliers, brokers, manufacturer's representatives, or distributors on a city contract or purchase order in connection with a city contract or purchase order. For manufacturers, one hundred (100) percent of the value the materials, supplies or equipment provided by an MWBE under a contract or purchase order shall count toward MWBE participation
(30) Manufacturer's representative means a business enterprise that sells products for one (1) or more manufacturers. A manufacturer's representative does not take legal title to or physical possession of the products that it sells, such products generally being sent directly from the manufacturer to the vendor, contractor, consultant or subcontractor purchasing such products. Acting as a manufacturer's representative, as is required and sought by the city or as is normal industry practice for a specific purchase of goods is considered a commercially useful function.
(31) Manager means the manager of the department of general services, or such manager's designee.
(32) Minority business enterprise or MBE for purposes of this article V will have the meaning set forth in section 28-35(36) of this Code. An MBE or WBE certified with the DSBO in accordance with ordinance and the applicable rules and regulations shall be referred to as an "MWBE."
(33) On-call procurement contracts means contracts for goods or services that are awarded in accordance with section 20-68 of this Code or that are procured and awarded without a pre-determined specific quantity in the case of goods or scope of work in the case of services. Once a specific quantity or scope of work is identified, individual work orders or task orders are authorized, and the contractor, consultant, or vendor proceeds to provide the goods or services under the individual work order or task order.
(34) Packager means a business enterprise that performs a commercially useful function in the packaging of goods used in or delivered under a city contract regardless of whether it takes title to such goods for the city or their vendors, contractors, or consultants, but is not itself a manufacturer, manufacturer's representative, supplier, or distributor. Acting as a packager, as is required and sought by the city or as is normal industry practice for a specific purchase of goods, is considered a commercially useful function. A packager shall be considered and treated as a broker.
(35) Participation goal means the specific MWBE goal established for a particular city contract or purchase order for services based upon the availability of MWBEs in the statement of work to be provided in the contract.
(36) Proposal means an offer to provide goods or perform services under a city contract or purchase order with the city in response a competitive selection process.
(37) Proposer means a business enterprise that submits a proposal on a city contract or purchase order for goods or services that utilizes a competitive selection process.
(38) Purchasing director means the director of the division of purchasing of the department of general services or successor agency, or such director's designee.
(39) Purchase order or supplier contract means an approved document to a bidder or proposer formalizing all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation.
(40) Qualified, with respect to good faith efforts in this article V, means that a business enterprise has the financial ability, expertise, skill, experience, and access to the necessary staff, facilities and equipment to complete contract(s) or subcontract(s) that it may undertake on projects. The city makes no representations as to the qualifications of any applicant business enterprise, MWBE or SBE.
(41) Request for proposal means a written request to prospective vendors, contractors, or consultants to submit a proposal to provide goods or perform services where an award is made in consideration of best value and not necessarily lowest price in response to a selection procedure conducted by user departments as authorized by the Charter, ordinances, or executive orders of the city.
(42) Services means all work offered for public or private use that are purchased by user departments under authority of the Charter, Municipal Code, and executive orders of the city and that does not consist primarily of goods. This definition does not include services expressly excluded under section 28-118. Services may also include work that includes goods but is primarily for services or professional or technical services that are not covered services. The DSBO will establish, in consultation with the purchasing division or user departments, subcategories of services corresponding to the codes set forth in the North American Industrial Classification Standard (NAICS) codes system, or successor classification system.
(43) Small business enterprise or SBE will have the meaning set forth in subsection 28-204(33) of this Code.
(44) Solicitation means a written bid or selection procedure to procure goods or services.
(45) Subcontractor, subconsultant, or subvendor means a business enterprise that either:
(a) Directly contracts with a contractor, consultant, or vendor to provide goods pursuant to a city contract or purchase order; or (b) Directly contracts with subcontractors, subconsultants, or subvendors under such contractors, consultants, or vendors on a city contract or purchase order, and which business enterprise will provide goods or services under agreements with the vendor, contractor, or consultant, or with other subcontractors, subconsultants, or subvendors under such contractor, consultant, or vendor.
(46) Supplier means a business enterprise that will provide goods, supplies or equipment on a city contract or purchase order under agreements with a vendor, contractor, or consultant, or with subcontractors, subconsultants, or subvendors under such a vendor, contractor, or consultant. Participation goal shall be counted in accordance with the function performed by the MWBE supplier under a contract and determined on a per-contract or per-project basis.
(47) Woman business enterprise or WBE for purposes of this article V will have the meaning set forth in subsection 28-35(55) of this Code. An MBE or WBE certified with the DSBO in accordance with ordinance and the applicable rules and regulations shall be referred to as an MWBE.
(48) User department means the city department, agency, board, commission, authority, officer, or elected official, excluding the board of water commissioners but including without limitation the county courts, library commission, civil service commission, career service authority (office of human resources), auditor, city council, and clerk and recorder, initiating or requesting a city contract or city purchase order for the acquisition of goods or services, utilizing MWBE or SBE participation, under authority of the Charter, Municipal Code, or executive orders of the city.
(49) Utilization plan means a required plan, prepared by or on behalf of the bidder or proposer as required by the DSBO and set forth in the applicable contract procurement documents that describes the bidder's or proposer's approach to satisfying the small, minority, and women-owned business enterprise requirements including, but not limited to, the participation goal.
(Ord. No. 286-20, § 3, 4-13-20)
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_S28-123DEFetched: 10/27/2026