Maine has 16 counties. Elected county commissioners handle purchasing under 30-A M.R.S. section 124. Its bid threshold, $2,500, is among the lowest in the country and has not changed since at least 2001, so even modest purchases are often bid. Section 124 also applies the state purchasing law in Title 5, chapter 155 "as far as applicable." How much of the state process that brings in is not settled, so read each bid package closely. Bond, prompt payment and retainage rules come from Titles 10 and 14.
At a glance
| Topic | Rule | Source |
|---|---|---|
| Who buys | County commissioners award bids and contracts | 30-A M.R.S. 124 |
| Goods and services | Competitive bids over $2,500; oral bids allowed up to $10,000 | 30-A M.R.S. 124 |
| Construction | County building work of $2,500 or more must be bid | 30-A M.R.S. 124 |
| Notice | Not confirmed; check the solicitation | 30-A M.R.S. 124 |
| Award | Not confirmed; check the solicitation | 30-A M.R.S. 124 |
| Bid security | Check, certificate of deposit or bid bond when required; percentage not set | 14 M.R.S. 871 |
| Bonds | 100% performance and payment bonds over $125,000 | 14 M.R.S. 871 |
| Prevailing wage | Not confirmed for counties; state law covers state-funded public works of $50,000+ | 26 M.R.S. 1304 |
| Retainage | No cap; pay within 30 days after final acceptance | 10 M.R.S. 1116 |
| Prompt payment | Construction invoices due in 20 days | 10 M.R.S. 1113 |
| Cooperative purchasing | Purchases through the State are exempt from county bidding | 30-A M.R.S. 124 |
| Preferences and certifications | Not confirmed for counties; check the solicitation | 5 M.R.S. 1825-B |
| Architects and engineers | Not confirmed for counties; check the solicitation | 5 M.R.S. 1742 |
Who buys
Each county has elected county commissioners who award bids and contracts for the county and its departments (30-A M.R.S. 124). See board of commissioners. Budget committees and charter counties may add steps; those were not researched.
Goods and services
| Purchase | Rule |
|---|---|
| $2,500 or less | No statewide bid requirement |
| Over $2,500 | Competitive bidding for services, supplies, materials and equipment |
| $10,000 or less | May be accepted by oral proposal or oral bid |
Source: 30-A M.R.S. 124. The text suggests written bids are expected above $10,000. Purchases made through the State are exempt. Counties may set stricter policies.
Construction and public works
Contracts for construction, renovation or improvement of county buildings or facilities totaling $2,500 or more must be competitively bid (30-A M.R.S. 124). No separate county threshold for roads and bridges was confirmed.
- Bid security. When required on a bonded public works contract, bid security may be a certified check, cashier's check, certificate of deposit or bid bond (14 M.R.S. 871). The percentage is not set.
- Bonds. Contracts over $125,000 to build, alter or repair public buildings, works or highways for a political subdivision need a performance bond and a payment bond, each at 100% of the contract. The owner may accept an irrevocable letter of credit instead (14 M.R.S. 871).
- Retainage. See Getting paid below.
Notice and award
Section 124 sets no advertising rule or award standard. State law (5 M.R.S. 1745) requires sealed proposals for public improvements over $100,000 that are subject to the state purchasing chapters, with newspaper ads for at least 2 weeks and the last notice at least 1 week before bids close. Whether that binds counties through section 124's cross-reference is not confirmed. State purchasing uses "best value" (5 M.R.S. 1825-B); county use of that standard is also not confirmed. Each county's bid documents set deadlines, delivery and evaluation.
Prevailing wage
Maine's prevailing wage law covers public works funded in whole or part by state money, with contracts of $50,000 or more (26 M.R.S. 1304). The law defines "public authority" as state bodies and the Maine Turnpike Authority; counties are not named. A county project is likely covered only when it is state-funded and let through a covered authority, but that is not confirmed. Check each solicitation. See prevailing wage.
Getting paid
Maine's construction prompt payment law covers public owners, including "subdivisions of the State" (10 M.R.S. 1111). Maine DOT contracts are excluded (10 M.R.S. 1112). Counties fit as subdivisions, though the law names only municipalities.
- Invoices are due 20 days after the later of the end of the billing period or delivery of the invoice, unless the contract says otherwise. Interest runs from day 21 at the 14 M.R.S. 1602-C rate (10 M.R.S. 1113).
- Retainage has no statutory cap. Retainage due on completion must be paid within 30 days after final acceptance (10 M.R.S. 1116).
Payment rules for non-construction invoices were not confirmed for counties.
Cooperative purchasing and state contracts
Purchases made "through the State" are exempt from county bidding (30-A M.R.S. 124). The State may waive bidding on county purchases of $2,500 or less (5 M.R.S. 1825-B). No statute on piggybacking on other entities' contracts or national cooperatives was found. See cooperative purchasing.
Preferences and required certifications
State purchasing includes a reciprocal preference against nonresident bidders and a tie-bid preference for Maine bidders or Maine-made goods (5 M.R.S. 1825-B). Whether these apply to county bids is not confirmed. County rules on Israel boycott certifications, E-Verify, debarment and non-collusion affidavits were not found; check the solicitation.
Architects and engineers
The State selects architects and engineers on professional competency and qualifications at fair and reasonable prices (5 M.R.S. 1742). Whether counties must follow the same approach is not confirmed. Check the solicitation; see qualifications-based selection.
Recent changes
No 2023-2026 changes to county purchasing law were found. The last amendment to 30-A M.R.S. 124 was in 2001.
Practical tips for Maine
- Expect bids on small jobs. The $2,500 threshold catches purchases other states buy off the shelf.
- Put oral bids in writing afterward with the price, date and terms, so both sides have a record.
- Confirm bonding capacity before bidding construction over $125,000.
- Check Maine counties for each county's bid platform, contacts and agendas.
Questions
What is the bid threshold for Maine counties?
County commissioners must competitively bid purchases of services, supplies, materials and equipment over $2,500, and construction, renovation or improvement of county buildings totaling $2,500 or more. Procurements of $10,000 or less may be accepted by oral proposal or oral bid (30-A M.R.S. 124).
What bonds do Maine counties require on construction?
On public construction contracts over $125,000, a performance bond and a payment bond, each for 100% of the contract. The county may accept an irrevocable letter of credit instead (14 M.R.S. 871).
How fast do Maine counties pay construction invoices?
Within 20 days after the later of the end of the billing period or delivery of the invoice, unless the contract says otherwise. Interest starts on day 21 (10 M.R.S. 1113). Retainage is due within 30 days after final acceptance (10 M.R.S. 1116).
Do Maine counties buy through the State?
Yes. Purchases made through the State are exempt from the county bidding rule (30-A M.R.S. 124), and the State may waive bidding on county purchases of $2,500 or less (5 M.R.S. 1825-B).
Does Maine prevailing wage apply to county projects?
Maine's law covers state-funded public works with contracts of $50,000 or more let by state bodies (26 M.R.S. 1304). Counties are not named, so check the solicitation for each project.
What bid security can I use on a Maine county project?
When bid security is required on a bonded public works contract, it may be a certified check, cashier's check, certificate of deposit or bid bond (14 M.R.S. 871). The percentage is set in the solicitation.
Sources
- 30-A M.R.S. 124 (county bids, awards and contracts; oral bids to $10,000; State purchases excluded)
- 5 M.R.S. 1825-B (state purchasing; county purchases through the State; preferences)
- 5 M.R.S. 1745 (sealed proposals and advertising for public improvements over $100,000)
- 14 M.R.S. 871 (bid security; performance and payment bonds over $125,000; letter of credit)
- 26 M.R.S. 1304 (prevailing wage definitions; $50,000 public works)
- 10 M.R.S. 1111 (prompt payment definitions; owner includes subdivisions of the State)
- 10 M.R.S. 1112 (scope; Maine DOT contracts excluded)
- 10 M.R.S. 1113 (construction invoices due in 20 days)
- 10 M.R.S. 1116 (retainage paid within 30 days after final acceptance)
- 5 M.R.S. 1742 (state selection of architects and engineers)