Mississippi has 82 counties, each run by a five-member board of supervisors. Counties are "governing authorities" under the state purchase law, Miss. Code 31-7-13, which also covers state agencies and cities. The same tiers apply to goods, services and construction. This guide relies on Justia's copy of the 2025 code and on secondary summaries; county-specific statutes were not reviewed.
At a glance
| Topic | Rule | Source |
|---|---|---|
| Who buys | Board of supervisors; purchasing agent may accept low bid under $75,000 if authorized | Miss. Code 31-7-13(b) |
| Goods and services | $5,000 or less: none; to $75,000: 2 written bids; over $75,000: advertised | Miss. Code 31-7-13 |
| Construction | Same tiers; over $75,000 needs 15 working days after last notice | Miss. Code 31-7-13(c) |
| Notice | Once a week for 2 weeks in a county newspaper | Miss. Code 31-7-13(c) |
| Award | Lowest and best; best value for Certified Purchasing Offices | Miss. Code 31-7-13(d) |
| Bid security | Not required by the purchase law; certificate of responsibility for construction | Miss. Code 31-7-13 |
| Bonds | Performance and payment bonds, each 100% | Miss. Code 31-5-51 |
| Prevailing wage | No state law | U.S. DOL |
| Retainage | Not confirmed; check the solicitation | — |
| Prompt payment | Not confirmed; check the solicitation | — |
| Cooperative purchasing | State contracts and qualified cooperatives exempt from bidding | Miss. Code 31-7-13(m) |
| Preferences and certifications | Minority set-aside up to 20% of commodity spending | Miss. Code 31-7-13(s) |
| Architects and engineers | Not confirmed; check the solicitation | — |
Who buys
The board of supervisors is the county's governing authority. It awards contracts and records them in its minutes. With written authorization from the board, a purchasing agent may accept the lowest bid under $75,000 (Miss. Code 31-7-13(b)). The county central purchasing system and purchase clerk rules were not confirmed.
Goods and services
| Purchase | Rule |
|---|---|
| $5,000 or less (freight excluded) | No advertising or bids required |
| Over $5,000 to $75,000 | At least 2 competitive written bids; award to lowest and best; no publication |
| Over $75,000 | Advertised competitive bids |
Source: Miss. Code 31-7-13(a)-(c).
For commodities over $75,000, reverse auction is the main method. Other methods need approval from the Public Procurement Review Board (Miss. Code 31-7-13(c)(2)). RFPs are allowed for solid waste, garbage and sewage contracts over $75,000 and some other categories (Miss. Code 31-7-13(r)).
Construction and public works
Construction follows the same tiers. Bid items over $5,000 must be broken down by component, and construction over $75,000 needs at least 15 working days between the last notice and the opening (Miss. Code 31-7-13(b), (c)). Construction bidders must hold a certificate of responsibility (Miss. Code 31-3-21, referenced in 31-7-13).
- Bid security: 31-7-13 has no bid security requirement. A county may still ask for one; check the notice.
- Bonds: a performance bond and a payment bond, each at least the contract amount (Miss. Code 31-5-51; secondary: Mississippi Municipal League).
- Road and bridge rules: county-specific road statutes were not confirmed.
Notice and award
- Advertising: once a week for two consecutive weeks in a regular newspaper published in the county. With no local paper, notice is posted at the courthouse and two other public places and run in a general-circulation newspaper. Notice goes to the Mississippi Procurement Technical Assistance Program the same day (Miss. Code 31-7-13(c)(i), (iii)).
- Opening: at least 7 working days after the last notice, or 15 working days for construction over $75,000.
- Electronic bids: counties must offer electronic submission, except counties under 20,000 people (Miss. Code 31-7-13(c)(v)).
- Posting: award notices and contract summaries go on the DFA web page within one working day (Miss. Code 31-7-13(c)).
- Award: the lowest and best bidder, counting freight. If the county chooses another bid, its minutes must show detailed calculations. Certified Purchasing Offices may award on best value. If the low bid is within 10% of allocated funds, the county may negotiate with the low bidder (Miss. Code 31-7-13(d)).
Prevailing wage
Mississippi has no state prevailing wage law (U.S. Department of Labor). Federally funded work may still require Davis-Bacon wages.
Getting paid
Public-project retainage and county prompt payment rules were not confirmed. A 2024 retainage law (5% cap, 60-day release) applies to private non-residential contracts, not counties (secondary: Butler Snow). Check the contract for retainage and payment terms.
Cooperative purchasing and state contracts
These are exempt from bidding (Miss. Code 31-7-13(m)):
- Purchases under contracts executed or approved by the Department of Finance and Administration ((m)(i)).
- Qualified cooperative purchasing agreements used by Certified Purchasing Offices ((m)(xxix)).
- Sales and transfers between governmental entities ((m)(vi)).
Preferences and required certifications
Counties may set aside up to 20% of anticipated annual commodity spending for minority businesses (Miss. Code 31-7-13(s)). See MBE/WBE. Resident and reciprocal preferences, E-Verify, Israel and Iran certifications and non-collusion affidavits were not confirmed; check the solicitation.
Architects and engineers
County rules for selecting architects and engineers were not confirmed. Check the solicitation.
Recent changes
- July 1, 2024: The advertised-bid threshold rose from $50,000 to $75,000 (secondary: Butler Snow).
- June 30, 2026: One exemption, 31-7-13(m)(xxxviii), was set to be repealed (secondary: Justia note); its subject was not checked.
Practical tips for Mississippi
- Register for reverse auctions; they are the main method for commodities over $75,000.
- Keep written quotes ready for purchases from $5,000 to $75,000.
- Watch board of supervisors minutes, where awards and reasons are recorded.
- Check Mississippi counties for each county's bid platform, contacts and agendas.
Questions
What are the bid thresholds for Mississippi counties?
$5,000 or less: no bids or advertising. Over $5,000 up to $75,000: at least two competitive written bids. Over $75,000: advertised competitive bids (Miss. Code 31-7-13; secondary: Justia). The top threshold rose from $50,000 on July 1, 2024 (secondary: Butler Snow).
How are Mississippi county bids advertised?
Once a week for two consecutive weeks in a regular newspaper published in the county. Bids open at least 7 working days after the last notice, or 15 working days for construction over $75,000. Notice also goes to the Mississippi Procurement Technical Assistance Program the same day (Miss. Code 31-7-13(c)).
Who wins a Mississippi county bid?
The lowest and best bidder, counting freight. If the county doesn't pick the lowest bid, its minutes must show detailed calculations. Certified Purchasing Offices may award on best value (Miss. Code 31-7-13(d)).
What bonds do Mississippi counties require on construction?
A performance bond and a payment bond, each at least the contract amount (Miss. Code 31-5-51; secondary: Mississippi Municipal League). The purchase law itself does not require a bid bond (Miss. Code 31-7-13).
Can Mississippi counties buy from state contracts?
Yes. Purchases under contracts executed or approved by the state Department of Finance and Administration are exempt from bidding (Miss. Code 31-7-13(m)(i)).
Does Mississippi have a prevailing wage law?
No (U.S. Department of Labor). Federally funded work may still require Davis-Bacon wages.
Sources
- Miss. Code 31-7-13 (purchase thresholds, advertising, award, exemptions) (secondary: Justia copy of the 2025 code)
- Butler Snow, Key changes in Mississippi construction law following the 2024 session ($75,000 threshold from July 1, 2024) (secondary: law firm summary)
- Mississippi Municipal League, Purchase Law (July 2025), including bonds under Miss. Code 31-5-51 (secondary: municipal league guide)
- NASPO, Mississippi procurement thresholds (Miss. Code 31-7-13)
- U.S. Department of Labor, state prevailing wage laws