How to sell to Idaho counties

Idaho has 44 counties. Counties are "political subdivisions" under Idaho Code Title 67, Chapter 28, which sets one set of purchasing tiers for goods and services (67-2806) and for public works construction (67-2805). Title 54 adds bonds and retainage, and Title 67, Chapter 23 adds prompt payment, preferences and architect and engineer selection. The rules are uniform across counties, though each board may delegate purchasing to staff.

At a glance

Who buys

Each county is run by an elected three-member Board of County Commissioners. The board, or a designee it authorizes, approves awards (Idaho Code 67-2805; 67-2806). The Idaho Association of Counties notes a recent change to Idaho Code 31-602 that lets a designee open, award and reject bids (secondary: Idaho Association of Counties guide).

Goods and services

Source: Idaho Code 67-2806. If the county cannot get 3 bids in the middle tier, it documents its effort and keeps the record for 6 months.

Counties may use a request for proposals when price is not the only factor. The RFP must state its scoring method and weights (Idaho Code 67-2806A). Several purchases are excluded from bidding, including duplicates of a like competitively bid government contract, GSA schedules, state Division of Purchasing contracts, professional services, insurance, used property and utilities (secondary: Idaho Association of Counties guide, citing Idaho Code 67-2803).

Construction and public works

Source: Idaho Code 67-2805. Bidders must hold an Idaho public works contractor license. For Category B, prequalified primes get the solicitation at least 14 days before opening.

• Bid security. Optional. When required, at least 5% of the bid, by cash, cashier's or certified check, or surety bid bond (Idaho Code 67-2805; 67-2806).
• Bonds. Public works contracts of $50,000 or more need a performance bond and a payment bond, each at least 85% of the contract amount. The rule expressly covers counties (Idaho Code 54-1926).
• Retainage. If bonds exceed 50% of the contract, retainage may not exceed 5%. Retainage on accepted portions must be released within 30 days (Idaho Code 54-1926).

Notice and award

Formal bids over $250,000 need two notices in the county's official newspaper. The first runs at least 2 weeks before opening; the second runs the following week, at least 7 days before opening. Written objections to the specifications are due 3 business days before opening (Idaho Code 67-2805; 67-2806).

The award goes to the lowest responsive bid from a qualified bidder. For Category A public works, the board may consider only the bid amount, administrative compliance and licensing. To award to anyone other than the apparent low bidder, the board states its reasons on the record and notifies all bidders, who have 7 days to object (Idaho Code 67-2805).

Prevailing wage

Idaho has no state prevailing wage law. It was repealed in 1985 (U.S. Department of Labor table). Public works employers must hire at least 95% bona fide Idaho residents, with some exceptions (secondary: Idaho Association of Counties guide, citing Idaho Code 44-1002). Federally funded projects may still require Davis-Bacon wages.

Getting paid

Idaho's prompt payment law covers state agencies and taxing districts supported by tax revenue. Bills are due within 60 calendar days, or 45 days for completed items of a partial delivery. Late payments earn interest at the Idaho Code 63-3045 rate, compounded monthly (Idaho Code 67-2302). The law does not name counties, but it excludes county indigent claims, which suggests other county bills are covered. Retainage release is covered above (Idaho Code 54-1926).

Cooperative purchasing and state contracts

With governing board approval, a county may join cooperative agreements with the State, other political subdivisions, other governments and associations that run competitive solicitations. Those purchases are deemed compliant with Chapter 28 (Idaho Code 67-2807). State Division of Purchasing contracts and GSA schedules are also excluded from bidding (secondary: Idaho Association of Counties guide). See cooperative purchasing.

Preferences and required certifications

• Reciprocal preference. On county public works, an out-of-state bidder must beat the low Idaho bid by its home state's preference percentage. It does not apply to goods (Idaho Code 67-2348).
• Certifications listed for counties by the Idaho Association of Counties (secondary: county association guide): no boycott of Israel on contracts of $100,000 or more (67-2346); no boycott of fossil fuel, timber, firearms and certain other sectors (67-2347A); no ESG criteria on contracts over $100,000 (67-2347); and no companies owned by the Chinese government (67-2359).
• E-Verify, debarment and non-collusion rules for counties are not confirmed; check the solicitation.

Architects and engineers

Idaho's qualifications-based selection law covers political subdivisions (Idaho Code 67-2320). For fees over $50,000, the county issues an RFQ with published scoring, ranks firms publicly and negotiates with the top-ranked firm. Notice follows the public works rules in 67-2805. Preapproved lists may last up to 5 years. At $50,000 or less, the county may use its own QBS procedure. Price is negotiated after ranking, not scored. Idaho-licensed architects are required (secondary: Idaho Association of Counties guide, citing Idaho Code 54-305).

Recent changes

• 2025: Senate Bill 1081 was proposed to require fee schedules in QBS responses and let fees count for up to 25% of the score. The current text of Idaho Code 67-2320 (last amended 2021) does not include it.
• Listed in Oct. 2025: The Idaho Association of Counties lists a recent change to Idaho Code 31-602 letting a board's designee open, award and reject bids (secondary: county association guide).

Practical tips for Idaho

• Keep your public works contractor license current. Solicitations over $100,000 go to licensed contractors.
• Plan bonding for 85%. Idaho's bond floor is higher than many states' on jobs of $50,000 or more.
• Ask about prequalification for large construction projects bid under Category B.
• Check Idaho counties for each county's bid platform, contacts and agendas.