How to sell to North Dakota counties

North Dakota has 53 counties. No single code covers county purchasing. Instead, rules come from several chapters of the North Dakota Century Code (NDCC): chapter 11-11 for county contracts and fuel, section 24-05-04 for county roads and road machinery, chapter 44-08 for sealed bids on equipment, and chapter 48-01.2 for public improvements. Many everyday purchases have no state bid threshold, so county policy fills the gap. Home rule counties (NDCC chapter 11-09.1) may change some rules; their effect on bidding was not confirmed.

At a glance

Topic	Rule	Source
Who buys	Board of County Commissioners; majority approval, written contract	NDCC 11-11-29
Goods and services	No general threshold; fuel over $4,000 and road machinery over $100,000 are bid	NDCC 11-11-26, 24-05-04
Construction	Public improvements over $250,000; county highways over $200,000	NDCC 48-01.2-02.1, 24-05-04
Notice	Public improvements: 3 weeks, first 21+ days before opening; highways: 2 weeks, 15+ days	NDCC 48-01.2-04, 24-05-04
Award	Lowest responsible bidder, considering experience and finances	NDCC 48-01.2-01, 48-01.2-07
Bid security	5% bidder's bond on public improvements and fuel	NDCC 48-01.2-05, 11-11-28
Bonds	100% contractor's bond over $250,000	NDCC 48-01.2-10
Prevailing wage	No state law	US DOL
Retainage	10% until 50% complete, then none added	NDCC 48-01.2-13
Prompt payment	45 days; 1.75% per month late interest	NDCC 13-01.1-01 to -03
Cooperative purchasing	Allowed through joint powers agreements and OMB contracts	NDCC 11-11-14, 54-44.4-13
Preferences and certifications	ND vendors win tie bids on equipment; contractor license required	NDCC 44-08-01.1, 48-01.2-05
Architects and engineers	Stamped plans over $250,000; state QBS law covers state agencies only	NDCC 48-01.2-02.1, ch. 54-44.7

Who buys

Each county is governed by an elected Board of County Commissioners, which lets county contracts. A contract takes effect only when a majority of the board approves it. It must be in writing, signed by the chair and sealed (NDCC 11-11-29). State law does not create a county purchasing officer. The county auditor may call meetings for bid openings (NDCC 11-11-27).

Goods and services

There is no general state bid threshold for county supplies, equipment or services. The Attorney General found that a county need not advertise bids for radios and that office supplies and equipment fall outside the county bid statute (AG Op. 2004-L-44). Below the limits in the table, each county sets its own policy.

Purchase	Rule	Source
Fuel over $4,000	Phone at least 2 suppliers, or advertise once a week for 2 weeks; accept the lowest responsible bid	NDCC 11-11-26, 11-11-27
Road machinery over $100,000	Advertised bids; repairs, used machinery at public auction and state surplus are exempt	NDCC 24-05-04
Any sealed bid for equipment	Award to the lowest and best bid meeting the specs; brand-name-only specs restricted	NDCC 44-08-01, 44-08-01.1

No general county RFP statute was found for goods and services. A county may use one under local policy; check the solicitation.

Construction and public works

Public improvements. Chapter 48-01.2 covers political subdivisions, including counties. Public improvements over $250,000 must be bid, with plans from a licensed architect or engineer (NDCC 48-01.2-02, 48-01.2-02.1). Above the threshold, the county takes separate prime bids for general, electrical and mechanical work. Construction manager agency and construction manager at risk are allowed, with selection by RFQ (NDCC 48-01.2-06, 48-01.2-18 to -23).

County roads. Chapter 48-01.2 excludes county road construction and maintenance under titles 11 and 24 (NDCC 48-01.2-01). County highway contracts follow NDCC 24-05-04:

Contract amount	Rule
Over $200,000	Advertised bids
$50,000 to $200,000	Quotes from at least 2 contractors where feasible
Flood or casualty damage	May be let without advertising

Bridges costing more than $100 follow NDCC chapter 24-08 (NDCC 11-11-14(5)). We did not confirm that chapter's procedure.

Bid security. A bidder's bond of 5% of the bid, forfeited if the winner does not sign within 10 days of the award notice (NDCC 48-01.2-05). Fuel bids also need a 5% bidder's bond, or a certified or cashier's check for bids of $10,000 or less (NDCC 11-11-28).

Bonds. On contracts over $250,000, the contractor furnishes a bond of at least 100% of the contract price covering performance and payment. The county can't require a particular surety. Claims must be filed in court within 1 year (NDCC 48-01.2-10 to -12). See performance bond and payment bond.

Notice and award

Work	Advertising	Source
Public improvements	Once a week for 3 weeks, first at least 21 days before opening	NDCC 48-01.2-04
Special assessment projects	2 weeks, first at least 14 days before opening	NDCC 48-01.2-04
County highways and road machinery	Once a week for 2 weeks in the official newspaper, first at least 15 days before opening	NDCC 24-05-04

Public improvement notices run in the official newspaper, a daily newspaper in the area, and a trade publication, electronic plan service or builders exchange (NDCC 48-01.2-04). The state may open its procurement website to political subdivisions for notices, but counties are not required to use it (NDCC 54-44.4-14(4)).

Bids are opened publicly. Award goes to the lowest responsible bidder, defined as the lowest best bidder considering past experience, financial condition, past work for the county and other factors named in the advertisement (NDCC 48-01.2-01, 48-01.2-07). County road contracts use the same award rule (NDCC 24-05-04).

Prevailing wage

North Dakota has no state prevailing wage law (US Department of Labor, state prevailing wage laws page). Federal Davis-Bacon rates can still apply to federally funded county work; check the solicitation.

Getting paid

Prompt payment. The general prompt payment law covers political subdivisions. The county pays by the contract date or, if the contract sets none, within 45 days after the invoice. Late interest is 1.75% per month unless the contract says otherwise (NDCC 13-01.1-01 to -03).

Public improvements. Progress estimates or final payments not made within 30 days of approval or completion earn interest at 2 points below the Bank of North Dakota prime rate (NDCC 48-01.2-14).

Retainage. The county retains 10% of each estimate until the job is 50% complete, then nothing more unless progress is unsatisfactory. At 95% complete, it may release up to 95% of the retainage. Retained funds may be invested for the contractor (NDCC 48-01.2-13). Separately, county contracts under chapter 11-11 may not pay more than 70% of the price before completion and acceptance (NDCC 11-11-29). How the two rules fit together is not confirmed; check the contract.

Cooperative purchasing and state contracts

A county may join cooperative purchasing agreements with the state, other political subdivisions or other states through a joint powers agreement (NDCC 11-11-14(4), 11-11-69). The state Office of Management and Budget (OMB) may make its cooperative contracts available to other government entities (NDCC 54-44.4-13). The Attorney General approved a county buying radios under an OMB contract or through a joint powers group without bidding (AG Op. 2004-L-44). Road machinery bought through the OMB cooperative route is exempt from county bidding (NDCC 24-05-04).

Preferences and required certifications

Tie bids: on political subdivision sealed bids for personal property and equipment, ties go to North Dakota vendors. A resident has had a North Dakota place of business for at least 1 year (NDCC 44-08-01.1, 44-08-02).
Contractor license: bidders on public improvements need a North Dakota contractor license (NDCC 43-07-12, referenced in 48-01.2-05).
Boycott clause: the Israel boycott clause covers state entity contracts of $100,000 or more with firms of 10 or more employees (NDCC 54-44.4-15). County coverage was not confirmed.

A reciprocal preference on county public improvements was not confirmed. Statewide county rules on E-Verify, Iran or foreign-adversary certifications were not found; check the solicitation.

Architects and engineers

The state qualifications-based selection law, NDCC chapter 54-44.7, covers state agencies. It requires a selection committee, at least 3 interviews and negotiation in rank order. We found no extension to counties, so county selection follows local policy. Counties must use stamped plans from an architect or engineer for public improvements over $250,000 and must provide construction observation (NDCC 48-01.2-02.1, 48-01.2-16).

Practical tips for North Dakota

Ask for the county's purchasing policy. Most goods and services have no state bid threshold, so county rules decide whether you get a quote request or a formal bid.
Know which law covers the job. Road work follows NDCC 24-05-04 ($200,000), while buildings and other improvements follow chapter 48-01.2 ($250,000).
Watch trade publications and builders exchanges as well as the official newspaper; public improvement notices must run in one (NDCC 48-01.2-04).
Line up a 5% bid bond and a contractor license before bidding public improvements.
Check North Dakota counties for each county's bid platform, contacts and agendas.

Questions

What is the bid threshold for North Dakota county construction?

Public improvements over $250,000 must be bid (NDCC 48-01.2-02.1). County highway contracts over $200,000 must be advertised, and those from $50,000 to $200,000 need quotes from at least two contractors where feasible (NDCC 24-05-04).

Do North Dakota counties have to bid goods and services?

There is no general state bid threshold. Fuel over $4,000 needs bids (NDCC 11-11-26), and road machinery purchases or rentals over $100,000 need advertised bids (NDCC 24-05-04). The Attorney General found office supplies and equipment outside the county bid statute (AG Op. 2004-L-44).

How are North Dakota public improvement bids advertised?

Once a week for three consecutive weeks, the first at least 21 days before opening, in the official newspaper, a daily newspaper in the area and a trade publication, plan service or builders exchange (NDCC 48-01.2-04).

What bonds do North Dakota counties require on construction?

A bidder's bond of 5% of the bid (NDCC 48-01.2-05), and, for contracts over $250,000, a contractor's bond of at least 100% of the contract price covering performance and payment (NDCC 48-01.2-10).

How fast do North Dakota counties have to pay?

By the contract date, or within 45 days after the invoice if the contract sets none, with late interest of 1.75% per month unless the contract says otherwise (NDCC 13-01.1-01 to -03).

Does North Dakota have prevailing wage for county projects?

No. North Dakota has no state prevailing wage law (US Department of Labor). Federal Davis-Bacon rates can apply to federally funded work.

Sources

Last reviewed Oct 31, 2026. This is general information, not legal advice. Laws and thresholds change; check the current statute and the bid documents.