How to sell to Utah counties

Utah has 29 counties. Counties are procurement units under the Utah Procurement Code (Title 63G, Chapter 6a), but each county acts as its own rulemaking authority and may adopt its own procurement code by ordinance (Utah State Auditor). That means goods and services thresholds differ by county. Construction has a statewide bid limit in Utah Code Title 11, Chapter 39, and bid security and bond rules come from Part 11 of the Procurement Code.

At a glance

Who buys

Most counties are governed by an elected county commission; some have a county council and an elected executive or manager. The county governing body is usually the rulemaking authority under the Procurement Code (Utah State Auditor).

No county purchase may be made without an order or approval from the purchasing agent. Unless the governing body provides otherwise, the county budget officer is the purchasing agent (Utah Code 17-36-20, as cited by the State Auditor). Title 17 may have been renumbered, so the current section number may differ.

Goods and services

Utah Code 63G-6a-506 sets no dollar figures for small purchases. The rulemaking authority sets them, including annual cumulative, individual item and single-procurement limits (63G-6a-506, amended 2025). Counties are not subject to the state's Administrative Rule R33, which holds the state agency defaults (Utah State Auditor).

The State Auditor advises counties to set, in their policy:

• The amount below which competitive quotes are not needed.
• The amounts needing verbal or written quotes.
• The amount needing public advertising.
• Rules for sole-source and emergency purchases and for rejecting bids.

Ask for the county's procurement ordinance to learn its amounts.

Construction and public works

A local entity, which includes a county, must competitively bid building improvements and public works projects whose estimated cost exceeds the bid limit (Utah Code 11-39-101 and 11-39-103).

Each later year, the limit rises by the lesser of 3% or the prior year's change in the consumer price index (Utah Code 11-39-101, effective May 1, 2024). Current limits are higher than these base amounts. We did not find an official table of the 2026 figures, so ask the county.

Bid security. Construction bids need bid security of at least 5% of the bid, as a surety bond, cash equivalent or other approved form (Utah Code 63G-6a-1102).

Bonds. The winning contractor provides a 100% performance bond and a 100% payment bond. Rules may waive bonds when the procurement official considers them unnecessary (Utah Code 63G-6a-1103, amended 2026). We did not confirm a dollar floor below which bonds are not required.

Retainage. See Getting paid below.

Notice and award

Construction notice. For Title 11, Chapter 39 projects, the county publishes a class A notice under Utah Code 63G-30-102 at least five days before bid opening and posts on the state procurement notice website at least five days before opening. The notice must say that bids may be rejected (Utah Code 11-39-103). 2023 HB 280 replaced the old five-public-places posting with the state website.

Construction award. The contract goes to the lowest responsive responsible bidder: a prime contractor whose bid complies, who is the lowest bidder meeting the county's criteria, and who furnishes a bid bond and the required payment and performance bonds (Utah Code 11-39-101). A design-build contract may go to a responsible bidder meeting criteria such as financial strength and past performance. The county may reject all bids and rebid. After two failed rounds, the governing body may proceed as it considers appropriate (Utah Code 11-39-103).

Goods and services. Advertising and award rules come from county policy (Utah State Auditor). How code-wide RFP and best-value rules apply to counties was not confirmed; check the solicitation.

Prevailing wage

Utah has no state prevailing wage law. The state or a political subdivision may not require contractors to pay a predetermined wage rate or benefits, except where federal law requires it (Utah Code 34-30-14, 2011 text). A 2023 bill referred to this rule at 34-30-105, so the section number may have changed. Under that federal-law exception, federally funded projects may still carry Davis-Bacon rates.

Getting paid

Retainage. On public agency construction contracts, which include county contracts, retainage may not exceed 5% of each payment or 5% of the total price. It is held in an interest-bearing account and released within 45 days after the latest of billing, certificate of occupancy or final acceptance, occupancy, or final pay quantities (Utah Code 13-8-5, version effective Feb. 27, 2023). A new version of this section takes effect Jan. 1, 2027.

Prompt payment. Utah's Prompt Payment Act covers state agencies, with payment in 60 days after invoice (Utah Code 15-6-2 and 15-6-3). We did not confirm a county prompt payment rule. Check the contract.

Cooperative purchasing and state contracts

Counties may use State Cooperative Contracts from the Division of Purchasing and General Services without running their own bid or RFP, unless the county's own procurement code prohibits it (Utah State Auditor). Getting on a state cooperative contract can open sales to many counties at once. See cooperative purchasing.

Preferences and required certifications

• Boycott certification. Public entities, including political subdivisions, must get a written certification that the company is not boycotting Israel or engaged in an economic boycott on contracts of $100,000 or more with companies of 10 or more full-time employees (Utah Code Title 63G, Chapter 27, effective May 3, 2023).
• Status Verification System. Contractors must register and take part in the Status Verification System to contract with a public employer (Utah Code 63G-12-302). Whether this covers counties is not confirmed; check the solicitation.
• Reciprocal preferences. The Procurement Code has reciprocal preferences for goods (63G-6a-1002) and construction (63G-6a-1003), with a federal-funds exception (63G-6a-1004) (secondary: NASPO State Preference Repository). Whether counties apply them is not confirmed.

County rules on Iran divestment, debarment and non-collusion were not confirmed. Check the solicitation.

Architects and engineers

We did not confirm which qualifications-based selection rules apply to county architect and engineer contracts. The state rules we found (R33) do not apply to counties. Check the county's ordinance and the solicitation.

Recent changes

• 2023: HB 280 replaced posting in five public places with posting on the state procurement website for local construction bids.
• May 3, 2023: Boycott certification rules in Title 63G, Chapter 27 took effect, covering political subdivisions.
• May 1, 2024: Amended bid limit section took effect (Utah Code 11-39-101).
• 2025: Small purchase section 63G-6a-506 amended; it still leaves amounts to each rulemaking authority.
• 2026: Bond section 63G-6a-1103 amended.
• 2026 (proposed): HB 511 would add a resident supplier preference worth 10% of points. Its status was not confirmed.

Practical tips for Utah

• Ask for the county's procurement ordinance; it sets quote and advertising amounts for goods and services.
• Ask the county for its current bid limit for building and public works projects.
• Get on State Cooperative Contracts if you sell goods; most counties can buy from them.
• Watch the state procurement notice website, which carries county construction notices.
• Check Utah counties for each county's bid platform, contacts and agendas.