Nebraska has 93 counties. County purchases of equipment, supplies, personal property and services follow the County Purchasing Act (Neb. Rev. Stat. 23-3101 to 23-3115), which sets one uniform process statewide (23-3102). LB938 (2024) raised the Act's thresholds in steps through 2034. Construction payment and retainage follow the Construction Prompt Pay Act. We did not confirm separate statewide bidding rules for county building or road construction.
At a glance
| Topic | Rule | Source |
|---|---|---|
| Who buys | County board or appointed purchasing agent; elected officials in smaller counties without one | 23-3108 |
| Goods and services | Sealed bids $70,000+; three informal bids $15,000-$70,000; open market under $15,000 | 23-3108 |
| Construction | Not confirmed; check the solicitation | — |
| Notice | Legal newspaper once a week for two consecutive weeks | 23-3111 |
| Award | Price, ability to perform and legal compliance; board may reject all bids | 23-3110; 23-3111 |
| Bid security | Not confirmed; check the solicitation | — |
| Bonds | Payment bond of at least the contract price; optional at $10,000 or less | 52-118 |
| Prevailing wage | Not confirmed; check the solicitation | — |
| Retainage | Released within 45 days after substantial completion | 45-1203 |
| Prompt payment | Construction: 30 days after payment request | 45-1203 |
| Cooperative purchasing | No bidding needed for GSA, state or cooperative agreement prices | 23-3109 |
| Preferences and certifications | E-Verify required in every public contract | 4-114 |
| Architects and engineers | Not confirmed; check the solicitation | 81-1701 |
Who buys
Each county is governed by an elected county board: a board of commissioners or, in some counties, a board of supervisors. The county board makes purchases, or the county purchasing agent where one has been appointed. In counties under 100,000 people without a purchasing agent, all elected officials may make open-market purchases (23-3108).
The county attorney approves contracts and leases as to form (23-3108).
Goods and services
| Period | Competitive sealed bids | Informal bids (three, if practicable) | Open market |
|---|---|---|---|
| Jan. 1, 2025 to Dec. 31, 2028 | $70,000 or more | $15,000 to under $70,000 | Under $15,000 |
| Jan. 1, 2029 to Dec. 31, 2033 | $90,000 or more | $20,000 to under $90,000 | Under $20,000 |
| From Jan. 1, 2034 | $110,000 or more | $25,000 to under $110,000 | Under $25,000 |
Source: Neb. Rev. Stat. 23-3108, as amended by LB938 (2024). Purchases may not be split to stay under a threshold.
Exemptions. Bidding is not required for unique or noncompetitive items, petroleum products, professional services, equipment maintenance, or items whose price is set by the federal GSA, the state materiel division or a cooperative purchasing agreement. A majority of the county board may waive bidding in an emergency, and there is an auction waiver (23-3109).
Construction and public works
We did not confirm a statewide bid threshold for county building or road construction. Neb. Rev. Stat. 39-1348 sets $250,000 bid rules, but for the state Department of Transportation, not counties. The older public lettings section 73-101.01 was repealed by LB461 (2024). Check each county's policy and the solicitation.
Bid security. Not confirmed; check the solicitation.
Bonds. On public construction contracts awarded by county boards, the contractor gives a labor and material payment bond of at least the contract price, with a corporate surety. On political subdivision projects of $10,000 or less, the bond is not required unless the specifications call for it (52-118). We did not confirm a performance bond rule.
Retainage. See Getting paid below.
Notice and award
Notice. Sealed bids are advertised in a legal newspaper of general circulation in the county at least once a week for two consecutive weeks before the bid deadline. The county may also use mail, email and a public bulletin board. The notice describes the purchase, names the official receiving bids, and gives the opening date, time and place (23-3111).
Opening and award. The county board or its designee opens bids in public. When applicable, the board considers price, the supplier's ability and capacity to perform, and the supplier's past and current compliance with laws (23-3110). It may reject any or all bids or hold the award over. If identical bids appear collusive, it may reject them all and buy on the open market at no more than the bid price. Bid records are public after award (23-3111). We did not confirm "lowest responsible bidder" wording or an RFP option under the Act.
Prevailing wage
We did not confirm whether Nebraska has a prevailing wage rule for county projects. Check the solicitation for any wage requirements.
Getting paid
The Nebraska Construction Prompt Pay Act treats any political subdivision, including a county, as an "owner." Contractor definitions exclude federal-aid or state-aid projects of a political subdivision (45-1202).
- Payment: the county pays the contractor within 30 days after it receives a payment request. The contractor pays subcontractors within 10 days (45-1203).
- Retainage: the county releases retainage within 45 days after substantial completion of the project or a designated portion. The contractor passes subcontractor retainage on within 10 days (45-1203).
We did not confirm a maximum retainage percentage, the late-payment interest rate, or a county prompt payment rule for goods and services. Check the contract.
Cooperative purchasing and state contracts
The Legislature encourages counties to work together under the Act when joint purchases benefit them (23-3103). Counties need not bid when the price is set by the federal GSA, the state materiel division (state contracts) or a cooperative purchasing agreement procured under the laws of the entity that set it up (23-3109). See cooperative purchasing.
Preferences and required certifications
- E-Verify. Public employers, including political subdivisions, and public contractors must use a federal immigration verification system. Every public contract must include that requirement (4-114). See E-Verify.
- Legal compliance. A supplier's past and current compliance with laws is an award consideration (23-3110).
County resident or reciprocal preferences, Israel boycott, Iran divestment, debarment and non-collusion requirements were not confirmed. Check the solicitation.
Architects and engineers
Nebraska's Consultants' Competitive Negotiation Act (81-1701 to 81-1721) is written for negotiations by the state. We did not confirm that it covers counties. Professional services are exempt from County Purchasing Act bidding (23-3109), so check the county's own selection process and the solicitation.
Recent changes
- 2024: LB938 amended the County Purchasing Act (23-3104, 23-3108, 23-3109 and 23-3111), raising thresholds in steps.
- 2024: LB461 repealed 73-101.01.
- Jan. 1, 2025: Sealed bid threshold rose to $70,000 and informal bid threshold to $15,000 (23-3108).
- Jan. 1, 2029 (scheduled): Thresholds rise to $90,000 and $20,000, then to $110,000 and $25,000 on Jan. 1, 2034 (23-3108).
Practical tips for Nebraska
- Ask to be on the informal bid list; purchases from $15,000 to $70,000 use three informal bids when practicable.
- Watch legal newspapers for sealed bid notices running two weeks.
- Confirm the county followed the Act before you deliver; contracts made outside it are void (23-3112).
- Enroll in E-Verify before bidding on any county contract.
- Check Nebraska counties for each county's bid platform, contacts and agendas.
Questions
What are the bid thresholds for Nebraska counties?
From Jan. 1, 2025 through 2028: sealed bids at $70,000 or more, at least three informal bids from $15,000 to under $70,000 when practicable, and open market under $15,000. From 2029 the amounts are $90,000 and $20,000, and from 2034 $110,000 and $25,000 (Neb. Rev. Stat. 23-3108).
How are Nebraska county sealed bids advertised?
In a legal newspaper of general circulation in the county at least once a week for two consecutive weeks before the bid deadline, and optionally by mail, email and a public bulletin board (Neb. Rev. Stat. 23-3111).
What purchases are exempt from Nebraska county bidding?
Unique or noncompetitive items, petroleum products, professional services, equipment maintenance, and items priced by GSA, the state materiel division or a cooperative purchasing agreement. The county board may also waive bidding for emergencies (Neb. Rev. Stat. 23-3109).
How fast must a Nebraska county pay a construction contractor?
Within 30 days after it receives a payment request. Retainage is released within 45 days after substantial completion (Neb. Rev. Stat. 45-1203).
Do Nebraska county contracts require E-Verify?
Yes. Public employers, including political subdivisions, and their contractors must use a federal immigration verification system, and every public contract must say so (Neb. Rev. Stat. 4-114).
What happens if a Nebraska county buys outside the County Purchasing Act?
The order or contract is void, and the officer responsible may be personally liable for its cost (Neb. Rev. Stat. 23-3112).
Sources
- Neb. Rev. Stat. 23-3101 (County Purchasing Act, sections 23-3101 to 23-3115)
- Neb. Rev. Stat. 23-3102 (purpose: uniform county purchasing process)
- Neb. Rev. Stat. 23-3103 (counties encouraged to purchase jointly)
- Neb. Rev. Stat. 23-3108 (who purchases; thresholds by period, as amended by LB938, 2024; no splitting)
- Neb. Rev. Stat. 23-3109 (exemptions from bidding, as amended by LB938, 2024)
- Neb. Rev. Stat. 23-3110 (award considerations)
- Neb. Rev. Stat. 23-3111 (sealed bid notice and opening, as amended by LB938, 2024)
- Neb. Rev. Stat. 23-3112 (funds available; orders contrary to the act are void)
- Neb. Rev. Stat. 52-118 (payment bond on public construction contracts)
- Neb. Rev. Stat. 45-1202 (Construction Prompt Pay Act definitions)
- Neb. Rev. Stat. 45-1203 (construction payment and retainage release)
- Neb. Rev. Stat. 4-114 (E-Verify for public employers and contractors)
- Neb. Rev. Stat. 73-101.01 (repealed by LB461, 2024)
- Neb. Rev. Stat. 39-1348 (state Department of Transportation bid rules; not counties)
- Neb. Rev. Stat. 81-1701 (Consultants' Competitive Negotiation Act purpose)