Best-value contracting bill clears committee 6-0, two weeks after it deadlocked

A bill that would change how Denver chooses the companies that build its streets, buildings and parks is headed to the full City Council. The Transportation and Infrastructure Committee voted 6-0 on Wednesday, Nov. 4, to approve Council Bill 26-1540 for filing (roll call, meeting).

Why it matters: Denver expects to spend billions on construction, with about $7 billion in citywide capital needs, the sponsors' presentation says. The bill would move the city away from simply taking the lowest qualified bid and require contractors and their subcontractors to certify they follow wage, safety and benefits rules.

The vote, and how it changed

Voting yes were sponsors Flor Alvidrez and Chris Hinds, along with Kevin Flynn, Amanda Sandoval, Shontel Lewis and Council President Diana Romero Campbell. Stacie Gilmore was absent. Lewis made the motion and Hinds seconded.

On Oct. 21, the same committee split 3-3 on Sandoval's motion to postpone the bill, with Flynn, Romero Campbell and Sandoval voting to delay, as we reported. All three voted yes on Wednesday.

Approving a bill for filing sends it to the full Council; it isn't a final vote. A Council member who doesn't sit on the committee told members the question was whether the bill was ready for the floor, not whether to support it, and asked them to let the full Council debate it (video).

What changed in the bill

The sponsors brought a revised draft, version 9, dated Oct. 30 (draft). Their presentation lists changes made since the Council's Budget and Policy Committee first saw the idea:

• removed weighted scoring of bids;
• raised the dollar threshold from $500,000 to $1 million;
• defined offering health insurance to match the Affordable Care Act and narrowed retirement benefits;
• removed an apprenticeship requirement;
• limited city departments' role to confirming that certifications were submitted;
• scaled back site safety plans and dropped several other contractor requirements.

The sponsors say only two requirements are new beyond existing law: a one-time, 10-hour OSHA safety course for skilled craft workers, and, for employers with fewer than 50 workers, giving employees information on getting health coverage through Connect for Health Colorado.

Still unresolved

The sponsors and the administration have "agreed to disagree" on two requests, the sponsors told the committee (video):

• Exempting subcontracts under $500,000. The sponsors said most work on city projects is done by subcontractors, most subcontracts are under that amount, and the Auditor's Office told them covering all subcontractors is the only meaningful way to enforce prevailing wage. A representative of the Auditor's Office told the committee that wage violations become more likely further down the subcontracting chain (video).
• Exempting certified minority- and women-owned businesses. The executive director of Denver Economic Development & Opportunity said the city's recent disparity study found Denver already places heavy burdens on small firms seeking city work, and that adding requirements runs against its recommendations (video). The sponsors' presentation says certified firms can have up to $45 million in annual revenue and that the Council's 2023 wage theft law had no firm-size exemption.

The sponsors said they would keep working with city agencies on how the bill applies to certified firms, its start date, whether to add a cure period and how to define construction maintenance. Contracts already awarded would not be affected, a sponsor said (video).

A drafting question. A lawyer from the City Attorney's Office said the current draft applies "willfully" to signing the certification rather than to the violations, which could expose a contractor to a three-year debarment for any violation. The sponsors said they intend the penalty only for willful violations (video).

What our records add

The bill was filed Oct. 14 and has been in committee for three weeks, our matter record shows. The idea came before the Budget and Policy Committee in September 2025 and June 2026, according to the presentation. Our Oct. 30 story has more on what the certification covers.

The department that runs most city construction, Transportation and Infrastructure, is also about to change leaders: its executive director, Amy Ford, is leaving Dec. 4 (our story).

What's next

According to the sponsors' timeline:

• Nov. 10: Mayor-Council meeting.
• Nov. 16: First reading at the full Council. A sponsor told the committee they were willing to hold off on introduction if the outstanding items weren't worked out (video).
• Second reading: Date to be set. If it comes after the Nov. 24 swearing-in, the new at-large member would vote.