How to sell to California counties

California has 58 counties, and the largest buy as much as many states. There are general law and charter counties. For goods and services, each county writes its own purchasing policy under Government Code 54202, so there is no statewide bid threshold. For construction, counties follow either the county bidding article of the Public Contract Code or, if they opt in, the Uniform Public Construction Cost Accounting Act (UPCCAA). Whether charter counties are exempt from the general bidding statutes is not confirmed. Prevailing wage, bonds and retention rules come from the Labor, Civil and Public Contract codes.

At a glance

Who buys

Each county is governed by an elected board of supervisors, which awards contracts at public meetings. The board "may employ a purchasing agent" (Government Code 25500). Larger counties have central purchasing departments plus public works departments that run construction bids.

Every local agency, counties included, must adopt its own policies for buying supplies and equipment, including bidding rules (Government Code 54201, 54202).

Goods and services

We found no statewide dollar threshold for county supply or service bidding. Thresholds, quote counts and small-purchase limits are set by each county's purchasing ordinance or policy (Government Code 54202). Request for proposal and best-value rules are also set locally. Read the county's purchasing ordinance before you bid.

Construction and public works

California counties follow one of two systems.

Counties under the UPCCAA. Counties that opt in use these tiers, effective Jan. 1, 2025 (Public Contract Code 22032, 22034(d); State Controller's Office):

If all bids come in over $220,000, the board may award up to $235,000 by a 4/5 vote (Public Contract Code 22034(d)).

Other counties. Covered county public buildings and works estimated over $4,000 must be done by contract under the county bidding article, or the contract is void (Public Contract Code 20121).

Bid security. Bids must include security in one of four forms: cash, a cashier's check, a certified check or a bidder's bond from an admitted surety. Unsuccessful bidders' security can't be held more than 60 days after award (Public Contract Code 20129). The percentage is set in the bid. See bid security.

Bonds. A faithful performance bond approved by the board is required on county construction contracts (Public Contract Code 20129). A payment bond is required on public works contracts over $25,000, and the bid call must say so (Civil Code 9550). Bond amounts were not confirmed; check the bid.

Retainage. See Getting paid below.

Notice and award

Non-UPCCAA counties. Notice runs in a county newspaper of general circulation under Government Code 6062 or 6066. With no newspaper, notice is posted in 3 public places for 2 weeks (Public Contract Code 20125). The number of days is not confirmed; check the notice.

UPCCAA formal bids. Newspaper notice runs at least 14 calendar days before bid opening. The notice also goes to construction trade journals at least 15 days before opening (Public Contract Code 22037).

UPCCAA informal bids. Notice goes to the county's list of qualified contractors or to trade journals at least 10 calendar days before bids are due (Public Contract Code 22034).

Award. Construction contracts go to the lowest responsible bidder (Public Contract Code 20128).

Prevailing wage

California's prevailing wage law applies to public works done under contract, including maintenance, except projects of $1,000 or less. Work by the county's own employees is not covered (Labor Code 1771).

Contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) to bid on or be awarded a public works contract (County of Marin, Labor Compliance). Certified payroll rules were not confirmed; check the solicitation.

Getting paid

Progress payments. A county must pay an undisputed, proper progress payment request on a construction contract within 30 days, or it owes interest at the legal rate. Improper requests must be returned within 7 days (Public Contract Code 20104.50). See prompt payment. We found no local-agency prompt payment statute for goods and services invoices.

Retainage. Retention is capped at 5% of each payment and of the contract price. A county may go above 5% on a "substantially complex" project if it makes a finding at a noticed public hearing before bidding (Public Contract Code 7201). Retention must be released within 60 days after completion, and late release carries a charge of 2% per month (Public Contract Code 7107).

Cooperative purchasing and state contracts

Local agencies may buy from suppliers holding Department of General Services (DGS) contracts, such as master agreements and multiple-award schedules, "without further competitive bidding" (Public Contract Code 10298). Rules for piggybacking on other agencies' contracts are set by county policy. See cooperative purchasing.

Preferences and required certifications

• Iran Contracting Act. A certification is required for goods or services contracts of $1 million or more with a "public entity" (Public Contract Code 2204). Whether this includes counties is not confirmed. See Iran certification.
• Civil rights certification. The certification under the Unruh and Fair Employment and Housing Acts applies to state agency contracts of $100,000 or more, not county contracts (Public Contract Code 2010).

Local, small business and disabled veteran business preferences, E-Verify and debarment rules for counties were not confirmed; check the solicitation.

Architects and engineers

California has a mini-Brooks Act. State and local agencies select architects, engineers, land surveyors, environmental firms and construction managers on demonstrated competence and qualifications, at fair and reasonable prices. Local agencies may adopt their own procedures by ordinance (Government Code 4526). See qualifications-based selection.

Recent changes

• Jan. 1, 2025: UPCCAA tiers rose to $75,000 (force account or purchase order) and $220,000 (informal bidding), with board authority to award up to $235,000 when all bids exceed $220,000 (AB 2192; State Controller's Office).

Practical tips for California

• Ask which construction system the county uses. UPCCAA counties send more work out as informal bids, so get on their contractor lists.
• Keep DIR registration current and list only registered subcontractors.
• Read the county purchasing ordinance for goods and services thresholds, since the state sets none.
• Check California counties for each county's bid platform, contacts and agendas.