How to sell to New Hampshire counties

New Hampshire has 10 counties. Each has three elected county commissioners and a county convention made up of the state representatives from that county. County purchasing law is thin. RSA chapter 28 sets one bidding rule for equipment and materials, plus a separate, broader rule for Hillsborough County. Notice, quotes, bid security and award standards are mostly left to county policy, so read each county's bid documents closely.

At a glance

Who buys

The county commissioners have custody of county property and may buy personal property for county use (RSA 28:4; 28:6). See board of commissioners. The county convention and its executive committee must authorize real estate purchases and building work over $25,000, and ratify sales and leases of county real property (RSA 28:7; 28:8-c; 28:8-d). In Hillsborough County, the executive committee also reviews bids over $10,000 (RSA 28:8-e).

Goods and services

• Purchases of equipment or materials over $10,000 must be competitively bid. Orders delivered in parts count as one if the total exceeds $10,000 (RSA 28:8).
• The rule covers the county and the offices of the sheriff, county attorney, treasurer and register of deeds.
• The commissioners may waive bidding only by unanimous vote, with the reason recorded and open to public inspection (RSA 28:8).
• Bidding is open to any person or entity that wants to bid (RSA 28:8-b).

RSA 28:8 names equipment and materials only, not services. No statewide small purchase or quote rule was found; counties set these in their own policies.

Hillsborough County has its own section (RSA 28:8-e). Materials, equipment, supplies, services, insurance and building repairs over $10,000 must be bid. Exceptions include prices fixed by law, single-manufacturer items (sole source), purchases through the state procurement division and emergencies, with reports filed. Violations are a misdemeanor.

Construction and public works

Commissioners may repair, enlarge or erect county buildings up to $25,000. Above that, they need county convention authorization (RSA 28:5; 28:7). RSA 28 sets no separate construction bid threshold; Hillsborough's $10,000 rule covers building repairs. For other counties, check the county's policy and the solicitation.

• Bonds. Public works contracts of $125,000 or more for a political subdivision need payment security for labor and materials of at least 100% of the contract price. Smaller contracts may be bonded at the owner's option (RSA 447:16, thresholds last amended 2017).
• Bid security and retainage. No county statute was confirmed. Check the solicitation.

Notice and award

RSA 28:8 and 28:8-e set no advertising method or timing. Each county sets its own notice rules.

Hillsborough awards to the lowest responsible bidder, weighing price with capacity, timeliness, integrity, past performance, legal compliance, financial resources and product suitability (RSA 28:8-e). No statutory award standard was found for other counties. For towns, New Hampshire case law requires award to the lowest responsible bidder who complied with the solicitation when bids are accepted (secondary: NH Municipal Association, citing Curran v. Auclair, 1981). Whether courts apply this to counties is not confirmed.

Prevailing wage

New Hampshire has no state prevailing wage law. The U.S. Department of Labor lists it as repealed in 1985. Federally funded projects may still require Davis-Bacon wages; check the solicitation.

Getting paid

No prompt payment statute for counties was found. A state retainage law lets contractors substitute securities for retainage on certain large state-agency contracts, but it does not clearly apply to counties (secondary: Levelset summary of RSA 21-I:20). Payment timing and retainage come from the county contract.

Cooperative purchasing and state contracts

Under RSA 53-A, two or more public agencies, including counties, may agree to exercise powers jointly, with approval from each governing body (secondary: Inceptia flyer summarizing RSA 53-A). Hillsborough County is exempt from bidding for purchases made through the state procurement division, with a report filed (RSA 28:8-e). See cooperative purchasing.

Preferences and required certifications

No in-state bidder preference for counties was found, and county bidding must be open to anyone (RSA 28:8-b). The NH Municipal Association notes that residency limits on bidding likely raise constitutional problems (secondary: NH Municipal Association). Statewide county rules on Israel boycott certifications, E-Verify, debarment and non-collusion affidavits were not confirmed; check the solicitation.

Architects and engineers

New Hampshire's qualifications-based selection statute applies only to state agencies. Its definition of "agency" does not include political subdivisions (RSA 21-I:22). We found no county QBS mandate, so each county chooses its own method. Check the solicitation.

Recent changes

• Aug. 29, 2023: The county bid threshold in RSA 28:8 rose from $5,000 to $10,000, and Rockingham County's separate bidding section (RSA 28:8-f) was repealed (Laws 2023 ch. 126, HB 284).

Practical tips for New Hampshire

• Total your order across deliveries. Split deliveries over $10,000 still need bidding (RSA 28:8).
• Ask for the county's purchasing policy. State law leaves notice, quotes and bid security to the county.
• Watch county convention and executive committee agendas for building projects over $25,000.
• Check New Hampshire counties for each county's bid platform, contacts and agendas.