Defined procurement pool—Administration of defined pool.
Denver Revised Municipal Code § 28-141
in effectSec. 28-141. - Defined procurement pool—Administration of defined pool.
(a) When the purchasing division or user department seeks to acquire services or to acquire goods with an estimated cost of at least fifty thousand dollars ($50,000.00) but no more than nine hundred ninety-nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($999,999.99)pursuant to the Charter, revised Municipal Code, and executive orders of the City and County of Denver, it will notify the DSBO of the proposed procurement. The DSBO director will determine if there is a requisite number of SBEs in accordance with section 28-141(b), below, that are not brokers, packagers, or manufacturer's representatives, listed in the most current DSBO certification directory for the goods or services to be acquired. The DSBO director in consultation with the purchasing division and user departments will adopt rules and regulations or informal guidelines to timely notify the purchasing director or department head of such determinations. For services under this section 28-141, DSBO and the purchasing division or user department will assess in the best interest of the project and the city whether to apply a participation goal in accordance with section 28-126 or to follow the procedures under this section 28-141.
(b) For procurements under sections 28-140 and 28-141, the defined pool shall require at least six (6) SBE certified companies. If there is the required number of SBEs in accordance with this section 28-141(b), that are not brokers, packagers, or manufacturer's representatives, on the most current DSBO certification list, the purchasing division or user department will provide the procurement opportunity to such SBEs through bidding or selection procedures authorized by the charter, municipal code, or executive orders for that specific contract or purchase order. The bidding or proposal instructions will require that such SBEs self-perform no less than thirty (30) percent of the total amount of the contract or purchase order with their own forces.
(c) If there is not the required number of SBE certified companies, that are not brokers, packagers, or manufacturer's representatives, on the most current DSBO certification list, or if the purchasing division or user department does not receive a bid or proposal from such an SBE offering to self-perform no less than thirty (30) percent of the total amount of the contract or purchase order with its own forces, the purchasing division or user department will obtain the goods or services through procurement methods required or authorized by the Charter, Municipal Code, or executive orders for that specific contract or purchase order.
(d) Certification by the DSBO as an SBE shall thereupon be established as a condition of responsiveness to a bid or proposal on such selected contracts and purchase orders. Defined procurement pool contracts and purchase orders shall be evaluated and awarded in accordance with sections 28-142 and 28-143 below and any other procedure and method required or authorized by the Charter, Municipal Code, or executive orders for that specific contract or purchase order.
(e) User departments will not split, combine, revise, restructure, or modify purchases of goods or services with other goods or one (1) or more other services to avoid the dollar thresholds for inclusion in the defined procurement pool or perform other actions with the intent of avoiding the requirements of this article V.
(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_S28-141DEPRPODMDEPOFetched: 10/27/2026
