How to sell to Massachusetts counties

Massachusetts has 14 counties, but only six still have a county government: Barnstable (run as the Cape Cod Regional Government), Bristol, Dukes, Nantucket, Norfolk and Plymouth. The other eight (Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester) were abolished, and their sheriffs and registries moved to the state (Secretary of the Commonwealth). The county market is small. The same laws govern cities and towns: the Uniform Procurement Act (M.G.L. chapter 30B) for supplies and services, c. 30 s. 39M for public works, c. 149 for building construction and c. 7C for designers.

At a glance

Who buys

Counties are "governmental bodies" under chapter 30B. Each county has a chief procurement officer. Where a county has an executive, the executive appoints that officer; otherwise the county commission does. A "majority vote" under the law means a majority of the commission (c. 30B s. 2).

In the eight counties without a government, there is no county buyer. Sell to the cities, towns and state agencies that took over the work. They buy under the same laws.

Goods and services

Source: M.G.L. c. 30B, s. 4; OIG Procurement Charts. Counties stay at $50,000. The $100,000 quote ceiling in s. 4 applies only to municipalities and regional school districts.

Other rules from the OIG Procurement Charts:

• A written contract is required at $10,000 or more (s. 17(a)).
• Contracts may run up to 3 years unless a majority vote authorizes a longer term (s. 12(b)).
• Qualifying Massachusetts farm products under $35,000 can be bought without quotes (c. 30B s. 4).

Construction and public works

Construction under c. 30 s. 39M and c. 149 is excluded from chapter 30B (c. 30B s. 1). The OIG Procurement Charts set these levels:

Bid security. A 5% bid deposit is required for s. 39M contracts over $50,000 and for c. 149 general bids and sub-bids over $150,000 (OIG Procurement Charts). See bid security.

Bonds. Public works and building contracts over $25,000 need a 50% payment bond. Section 39M has no performance bond requirement. Building contracts over $150,000 under c. 149 need 100% payment and 100% performance bonds (OIG Procurement Charts).

Retainage. On public building contracts (for counties, over $2,000), the county may hold back no more than 5% of each approved periodic payment (M.G.L. c. 30, s. 39K).

Notice and award

Supplies and services. Sealed bids and proposals are advertised at least two weeks before they are due: in a newspaper of general circulation, on COMMBUYS and posted in the county's office. Contracts over $100,000 also go in the Goods and Services Bulletin (c. 30B s. 5; OIG Procurement Charts).

Construction. From $10,000 to $50,000, the county posts for at least two weeks on its website, COMMBUYS, the Central Register and in its office. Above $50,000, the ad runs at least two weeks in the Central Register, a newspaper and COMMBUYS, with an office posting of at least one week (OIG Procurement Charts).

Award. A sealed bid goes to the responsive and responsible bidder offering the best price. An RFP goes to the most advantageous proposal, weighing price and non-price factors (c. 30B s. 5-6, per OIG Procurement Charts).

Prevailing wage

Prevailing wage applies at every dollar amount to building construction (c. 149), public works with labor (c. 30 s. 39M, or c. 30B s. 5 when used) and EV charging contracts with labor (c. 30B s. 23). It does not apply to supplies, services, materials without labor or design work (OIG Procurement Charts, citing c. 149 s. 26-27).

Getting paid

On public building contracts, a county must make periodic payments within 15 days after it receives the contractor's estimate (the Commonwealth gets 30 days). Late payments earn interest at 3 percentage points above the Boston Federal Reserve rediscount rate. The balance, less specified retentions, is due within 65 days after substantial completion or occupancy (M.G.L. c. 30, s. 39K).

We found no statewide prompt payment rule for county goods and services. Check the contract.

Cooperative purchasing and state contracts

Under c. 30B s. 22, a county may buy supplies only from a contract another public procurement unit awarded, in or out of state, if the contract is open to Massachusetts governmental bodies and came from open, fair competition. Under c. 30B s. 1(c), counties may buy from state OSD statewide contracts and join collective purchasing with a lead jurisdiction. They must join before the solicitation; piggybacking on a collective contract afterward is not allowed (OIG guidance on cooperative and collective agreements). See cooperative purchasing.

Preferences and required certifications

• Every chapter 30B bid or proposal must include a certificate of non-collusion signed under penalties of perjury (c. 30B s. 10). See non-collusion affidavit.
• Public works and building contracts over $10,000 require certification of OSHA 10-hour training (OIG Procurement Charts).
• Massachusetts farm products under $35,000 may be bought without quotes (c. 30B s. 4).

We did not confirm a general in-state, local or veteran price preference for counties, or county E-Verify, Israel boycott, Iran divestment or tax-compliance requirements. Check the solicitation.

Architects and engineers

Public building design falls under c. 7C s. 44-58. When the design fee is $30,000 or more and construction cost is $300,000 or more, the owner uses qualifications-based selection with a written procedure and a two-week ad in the Central Register and a local newspaper. The fee is set in advance or negotiated with the top-ranked designer. Below those levels there is no required procedure (OIG Procurement Charts). The chart speaks of municipalities; how it applies to counties is not confirmed, so check the solicitation.

Recent changes

• 2025 (proposed): A House bill would raise the c. 30B sound-business-practices level from $10,000 to $15,000. It had not passed as of our review (secondary: Soar summary; bill number not shown).
• December 2025: The Inspector General revised its Procurement Charts, which this guide follows.

Practical tips for Massachusetts

• Confirm the county still has a government. In the eight abolished counties, sell to cities, towns or the state instead.
• Register on COMMBUYS; chapter 30B bids and many construction notices post there.
• Watch the Central Register for county construction and design work.
• Budget for the 5% bid deposit and bonds on building work over $150,000.
• Check Massachusetts counties for each county's bid platform, contacts and agendas.