Defined selection pool contracts for construction, reconstruction and remodeling—Responsive and nonresponsive bids or proposals.
Denver Revised Municipal Code § 28-213
in effectSec. 28-213. - Defined selection pool contracts for construction, reconstruction and remodeling—Responsive and nonresponsive bids or proposals.
(a) Responsive; compliance with requirements. If the low monetary bid or competitive selection process proposal subject to the defined selection pool requirements indicates that the SBE or EBE bidder or proposer is appropriately performing a commercially useful function on the contract, and is otherwise responsive to the requirements of the contract and this article VII, then the director shall notify the department head to regard the bid or proposal as responsive to this article VII.
(b) Failure to meet requirements. If a bid or proposal subject to the defined selection pool requirements does not demonstrate performance by the SBE or EBE bidder or proposer of a commercially useful function, as set out in section 28-208, minimum utilization of SBE subcontractors or suppliers as set out in section 28-211 or provide timely information as set out in section 28-212, then the director shall notify the department head to regard the bid or proposal as nonresponsive, and such determination shall result in no further consideration by the city or private owner of the bid or proposal.
(c) Commercially useful function or minimum utilization of SBE subcontractors—Informal meeting. In the event the director finds inadequacies in a bidder or proposer's demonstration of commercially useful function under section 28-208 or minimum utilization of SBE subcontractors or suppliers under section 28-211, the director will provide written notice of such inadequacies to the bidder or proposer prior to notifying the appropriate department head of bid or proposal responsiveness. Within two (2) business days from the date that the city notifies the bidder or proposer of such inadequacies, the bidder or proposer may request an informal meeting with the director. Such informal meeting shall be scheduled by the director. All deficiencies shall be explained to the bidder or proposer at such informal meeting. Within twenty-four (24) hours after the informal meeting, the bidder or proposer shall be allowed to submit additional information or to clarify its performance of a commercially useful function. At no time, however, will the director count toward the minimum utilization the addition of subconsultants, joint venturers, suppliers, manufacturers, manufacturer's representatives, or brokers that may later be added to the contract or to the original SBE participation submitted at either the time of the bid or the date of proposal, in the case of a competitive selection process. After this informal meeting, the director will:
(1) Determine whether the bid or proposal will be responsive or nonresponsive;
(2) Make the notification as stated in subsection (b) above, as applicable; and
(3) Provide written notice to the bidder or proposer of the director's final determination.
(Ord. No. 286-20, § 4, 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_ARTVIIOPSMBUENEMBUENCOCOREREPRDECOSESMBUENCOCOAGTHDESEPOCOCOAG_S28-213DESEPOCOCOREREESNOBIPRFetched: 10/27/2026