Kansas has 105 counties, each governed by a board of county commissioners. State law sets bidding rules for county construction, roads and bridges. Only Johnson and Sedgwick counties have a statutory purchasing officer with set bid rules; the other counties buy goods and services under their own policies. Home rule lets counties adopt charter resolutions that change some rules.
At a glance
| Topic | Rule | Source |
|---|---|---|
| Who buys | Board of county commissioners; statutory purchasing officer in Johnson and Sedgwick | K.S.A. 19-214; 19-260a |
| Goods and services | Johnson and Sedgwick: bids at $2,000+; others: no statewide rule found; check county policy | K.S.A. 19-260b |
| Construction | Public letting over $100,000 (was $25,000); road work over $25,000 | K.S.A. 19-214; 68-521 |
| Notice | Roads: two weekly issues of county paper, first 20+ days ahead | K.S.A. 68-521 |
| Award | Lowest and best bid; lowest responsible bidder for roads | K.S.A. 19-214; 68-521 |
| Bid security | 5% on road bids; other work set by county | K.S.A. 68-521 |
| Bonds | Performance bond over $25,000; payment bond over $100,000 | K.S.A. 19-214; 60-1111 |
| Prevailing wage | No state law (repealed 1987) | U.S. DOL |
| Retainage | Generally max 5%; release within 30 days of substantial completion | K.S.A. 16-1904 |
| Prompt payment | Construction: 30 days, 18% interest | K.S.A. 16-1903 |
| Cooperative purchasing | Not confirmed; check the solicitation | — |
| Preferences and certifications | Not confirmed; check the solicitation | — |
| Architects and engineers | Professional services exempt from letting | K.S.A. 19-214(b) |
Who buys
The board of county commissioners lets county construction contracts (K.S.A. 19-214). State law requires a county purchasing officer only in Johnson and Sedgwick counties (K.S.A. 19-260a). Elsewhere, larger counties have purchasing departments, and road and bridge work runs through the county engineer.
Goods and services
In counties with a statutory purchasing officer, purchases under $2,000 may be made on the open market. Purchases of $2,000 or more need competitive bids, at least three when reasonably possible, awarded to the lowest responsible bidder (K.S.A. 19-260b).
For the other 103 counties, no general statutory bid rule for goods and services was found. Each county sets its own policy. The Unified Government of Wyandotte County and Kansas City, Kansas, for example, asks for three quotes from $2,000 and formal bids or RFPs from $20,000 for goods and services, and formal solicitation from $50,000 for construction (Wyandotte County purchasing policy).
Construction and public works
County buildings and other construction. Contracts to build courthouses, jails and other county buildings, bridges, highways, roads, dams, turnpikes, related structures and stand-alone parking lots go through a public letting to the lowest and best bid (K.S.A. 19-214). 2026 Senate Sub. for HB 2571 raised the threshold from $25,000 to $100,000. It was approved April 6, 2026 and takes effect on publication in the statute book; the exact date was not confirmed (2026 Session Laws ch. 64). The contractor still files a surety performance bond equal to the contract on contracts over $25,000.
Exceptions include professional services, road contracts under K.S.A. 68-521, insurance, and emergency repairs to county buildings (K.S.A. 19-214(b)).
Road contracts. When the county engineer's estimate is over $25,000 (K.S.A. 68-521):
- Plans and specifications are on file 20 days before the letting.
- Each bid includes a 5% bid surety.
- The contract goes to the lowest responsible bidder and can't exceed 110% of the engineer's estimate.
- The contractor files a K.S.A. 60-1111 payment bond and a 100% performance bond.
Whether HB 2571 also changed the 68-521 threshold was not confirmed.
Payment bonds. On public contracts over $100,000, the public official takes a payment bond of at least the contract sum (K.S.A. 60-1111, 2012 text).
Notice and award
Road lettings are advertised in the official county paper for at least two consecutive weekly issues, the first at least 20 days before the letting (K.S.A. 68-521). K.S.A. 19-214 states no notice rule, and notice for goods follows county policy. Awards go to the lowest and best bid (K.S.A. 19-214) or the lowest responsible bidder (K.S.A. 68-521, 19-260b). A statewide RFP or best-value option for counties was not confirmed.
Prevailing wage
Kansas has no state prevailing wage law; it was repealed in 1987 (U.S. Department of Labor). Federally funded work may still require Davis-Bacon wages.
Getting paid
The Fairness in Public Construction Contract Act treats counties as owners, but excludes road, highway and bridge work (K.S.A. 16-1902).
- Prompt payment: the owner pays undisputed requests within 30 days (45 with extenuating circumstances). Late amounts earn 18% per year. Contractors pay subcontractors within 7 business days (K.S.A. 16-1903).
- Retainage: generally up to 5%, or up to 10% if set by the owner or for nonperformance. It is released within 30 days after substantial completion, with 18% interest if late (K.S.A. 16-1904).
A prompt payment rule for non-construction county purchases was not confirmed.
Cooperative purchasing and state contracts
A 2025 state procurement circular on purchasing cooperatives does not address counties. County use of state contracts or other agencies' contracts was not confirmed; ask the county whether it buys through a cooperative.
Preferences and required certifications
Kansas's Israel boycott certification applies to state agencies, not counties, by its text (K.S.A. 75-3740e, 75-3740f). Statewide county rules on local or in-state preferences, E-Verify and divestment were not confirmed. Some counties apply the reciprocal rule for out-of-state bidders; Wyandotte County cites K.S.A. 75-3740a in its policy. Check the solicitation.
Architects and engineers
Professional services are exempt from the 19-214 letting requirement (K.S.A. 19-214(b)). A state rule requiring qualifications-based selection for counties was not confirmed; check county policy.
Recent changes
- April 6, 2026: Senate Sub. for HB 2571 approved, raising the K.S.A. 19-214 letting threshold from $25,000 to $100,000 on publication in the statute book. The $25,000 performance bond trigger is unchanged (2026 Session Laws ch. 64). A companion bill, SB 436, did not pass.
Practical tips for Kansas
- Ask for the county's purchasing policy for goods and services, and whether it has a charter resolution.
- Watch the official county paper for road lettings, advertised at least 20 days ahead.
- Budget for a performance bond on county construction over $25,000, even below the new $100,000 letting threshold.
- Check Kansas counties for each county's bid platform, contacts and agendas.
Questions
What must Kansas counties bid?
Construction of county buildings, bridges, highways, roads, dams, turnpikes and stand-alone parking lots through a public letting to the lowest and best bid. The threshold rises from $25,000 to $100,000 under 2026 HB 2571, effective on publication in the statute book (K.S.A. 19-214; 2026 Session Laws ch. 64). Goods and services follow county policy.
How are Kansas county road projects advertised?
When the county engineer's estimate is over $25,000, in the official county paper for at least two consecutive weekly issues, the first at least 20 days before the letting (K.S.A. 68-521).
What bonds do Kansas counties require?
A 5% bid surety on road bids (K.S.A. 68-521); a performance bond equal to the contract on county construction over $25,000 (K.S.A. 19-214, unchanged in 2026); and a payment bond of at least the contract sum on public works over $100,000 (K.S.A. 60-1111).
How much retainage can a Kansas county hold?
Generally up to 5%, or up to 10% if set by the owner or for nonperformance, released within 30 days after substantial completion. Road, highway and bridge work is excluded (K.S.A. 16-1902, 16-1904).
How fast do Kansas counties pay contractors?
Undisputed construction payment requests within 30 days (45 with extenuating circumstances), with 18% annual interest if late (K.S.A. 16-1903).
Does Kansas have a prevailing wage law?
No. Kansas repealed its law in 1987 (U.S. Department of Labor).
Sources
- K.S.A. 19-214 (county construction letting, bonds, exceptions)
- 2026 Session Laws ch. 64, Senate Sub. for HB 2571 (19-214 threshold raised to $100,000)
- K.S.A. 68-521 (county road contracts: notice, bid surety, award, bonds)
- K.S.A. 60-1111 (payment bonds on public works over $100,000; 2012 text)
- K.S.A. 19-260a (county purchasing officer, Johnson and Sedgwick counties)
- K.S.A. 19-260b (purchasing officer bids at $2,000)
- K.S.A. 16-1902 (Fairness in Public Construction Contract Act covers counties)
- K.S.A. 16-1903 (prompt payment on construction)
- K.S.A. 16-1904 (retainage)
- U.S. Department of Labor, state prevailing wage laws
- K.S.A. 75-3740f (Israel boycott certification for state agencies)
- Unified Government of Wyandotte County and Kansas City, Kansas, Procurement and Purchasing Policy (example county thresholds)