How to sell to Wisconsin counties

Wisconsin has 72 counties. County bidding is governed by Wis. Stat. 59.52(29), with award, retainage and bidder rules in Wis. Stat. 66.0901. 2025 Wisconsin Act 188 doubled the county thresholds for bids solicited after April 4, 2026, so older county documents may still show $25,000 and $5,000. The official statutes site could not be read for this guide; statute details below come from Justia copies of the 2025 statutes and from law firm and association summaries. County boards often add their own purchasing and responsibility rules by ordinance.

At a glance

Topic	Rule	Source
Who buys	County Board of Supervisors; clerk or finance department handles purchasing	59.52(29); WCA handbook
Goods and services	Supplies and material fall under 59.52(29); otherwise set by county ordinance	59.52(29)
Construction	Over $50,000: lowest responsible bidder; $10,000 to $50,000: class 1 notice	59.52(29); Act 188
Notice	Class 1 notice for $10,000 to $50,000; rule over $50,000 not confirmed	59.52(29)
Award	Lowest responsible bidder; sealed bids; no geographic preference	66.0901(1m)
Bid security	Statute mentions a deposit but sets no amount; check the solicitation	66.0901(5)
Bonds	Payment and performance bonds over $148,000; options $74,000 to $148,000	779.14
Prevailing wage	None; local rules barred since 2017	66.0903; DOA
Retainage	Max 5% until 50% complete; 10% cap if progress unsatisfactory	66.0901(9)
Prompt payment	30 days from invoice or acceptance; interest from day 31	66.0135
Cooperative purchasing	Joint contracts with other governments allowed	66.0301; 16.73
Preferences and certifications	Local preference barred; other certifications not confirmed	66.0901(1m)
Architects and engineers	Not confirmed; check the solicitation	—

Who buys

Each county is governed by an elected County Board of Supervisors, which lets public work and supply contracts (Wis. Stat. 59.52(29)). Counties have a county executive, a county administrator or an administrative coordinator. The county clerk signs board-approved contracts and acts as purchasing agent in some counties; a finance department coordinates purchasing in others (secondary: Wisconsin Counties Association handbook). Many counties also have a purchasing or facilities department that runs bids.

Goods and services

Section 59.52(29) covers public work, including construction, repair and improvement, and the furnishing of supplies or material (secondary: Justia copy of the 2025 statutes). Its dollar tiers are in the next section. State law sets no quote count below the bid threshold; contracts below it are let as the board directs. Many counties set separate purchasing limits for goods and services by ordinance, so ask the county.

Construction and public works

Estimated cost	Requirement (bids solicited after April 4, 2026)	Before April 5, 2026
Under $10,000	Let as the board directs	Under $5,000
$10,000 to $50,000	Class 1 notice published before the contract is signed, or a contract with a prequalified bidder	$5,000 to $25,000
Over $50,000	Let by contract to the lowest responsible bidder under 66.0901	Over $25,000

Sources: Wis. Stat. 59.52(29); Boardman Clark (June 2026) and League of Wisconsin Municipalities, summarizing 2025 Wisconsin Act 188.

Exceptions. By a three-fourths vote of all members, the board may have a class of public work done by county forces without bids. Highway contracts the highway committee or commissioner may let, and projects with donated material or volunteer labor, are excluded (59.52(29)(a)). The board may also skip bidding in an emergency by resolution (59.52(29)(b)). Act 188 added an exception for improvements a private party builds and donates to the county (Boardman Clark). County highway department bid thresholds were not confirmed.

Bid security. Section 66.0901(5) refers to forfeiting a deposit or certified check for bid errors but sets no amount or form. The county sets it in the bid documents.

Bonds (Wis. Stat. 779.14, secondary: Justia copy):

Contract amount	Bond rule
$16,000 to $74,000	No bond required; direct or joint-check payment provisions and written assurance standards apply
$74,000 to $148,000	Payment and performance bond, or a full-value letter of credit or escrow under written standards
Over $148,000	Payment and performance bond required

Bond penalties may not be less than the contract price, and county corporation counsel approves the bond. These amounts appear to be inflation-adjusted; confirm current figures in the solicitation.

Retainage. On contracts of $1,000 or more, the county may hold up to 5% of each estimate until the job is 50% complete. After that it holds no more unless the architect or engineer certifies unsatisfactory progress, with a cap of 10% of completed work. Retainage is released on substantial completion (Wis. Stat. 66.0901(9)).

Notice and award

Contracts of $10,000 to $50,000 need a class 1 notice under chapter 985 before signing (59.52(29), as amended by Act 188). The notice class and timing for contracts over $50,000 were not confirmed.
Award is by sealed competitive bids to the lowest responsible bidder. Counties may not use a geographic preference or other award criteria, except in federal aid situations (66.0901(1m)).
Counties may require a prequalification statement filed at least 5 days before the opening (66.0901(2) to (4)).
Bidders must list subcontractors, and the county may not require or consider labor agreement status (66.0901(6m) and (7)).

County responsibility rules. Counties often define a "responsible" bidder. Winnebago County, for example, asks for a sworn affidavit with the sealed bid and lists criteria such as a permanent place of business, insurance, licensing, financial resources, a written safety program and being bondable (Winnebago County Code, Chapter 8).

Prevailing wage

Local governments may not enact or administer prevailing wage ordinances for public works, and any such rules are void (Wis. Stat. 66.0903(1m)). The U.S. Department of Labor lists the local repeal as effective Jan. 1, 2017. 2017 Wisconsin Act 59 repealed the remaining state prevailing wage laws effective Sept. 23, 2017 (Department of Administration). Federal Davis-Bacon rates still apply to federally funded projects.

Getting paid

Under Wis. Stat. 66.0135, a local government pays on time if it pays within 30 days of the later of receiving the invoice or accepting the goods or services. Interest runs from day 31 at a statutory rate, compounded monthly; the current percentage was not confirmed. Prime contractors pay subcontractors within 7 days. Retainage release follows 66.0901(9) above.

Cooperative purchasing and state contracts

Counties may contract with other governments to exercise powers jointly, and the law is read broadly (Wis. Stat. 66.0301). The Department of Administration may make joint purchases with "municipalities" and sell stored articles at cost, excluding 66.0901 construction (Wis. Stat. 16.73). Whether that covers counties and replaces 59.52(29) bidding was not confirmed. See cooperative purchasing.

Preferences and required certifications

Political subdivisions may not give a geographic or local preference on public work bids (Wis. Stat. 66.0901(1m)). Statewide county rules on E-Verify, Israel boycott, Iran divestment and veteran preferences were not confirmed; check the solicitation.

Architects and engineers

We did not find a state law requiring qualifications-based selection for county architect and engineer contracts. Check each county's ordinance and the solicitation.

Recent changes

April 5, 2026: 2025 Wisconsin Act 188 took effect for bids solicited after April 4, 2026. The bidding threshold rose from over $25,000 to over $50,000, and the class 1 notice range from $5,000 to $25,000 to $10,000 to $50,000. Act 188 also added an exception for privately built improvements donated to the county (Boardman Clark; League of Wisconsin Municipalities).

Practical tips for Wisconsin

Check the date on the county's bid rules. Thresholds doubled in April 2026.
Watch for class 1 notices in the county's official newspaper for contracts of $10,000 to $50,000.
Read the responsibility criteria and have the affidavit, insurance certificates and license numbers ready; confirm bonding capacity before the opening.
Watch County Board and committee agendas for public works approvals.
Check Wisconsin counties for each county's bid platform, contacts and agendas.

Questions

What is the bid threshold for Wisconsin counties?

Public work contracts over $50,000 must go to the lowest responsible bidder, and contracts from $10,000 to $50,000 need a class 1 notice before they are signed (Wis. Stat. 59.52(29), as changed by 2025 Wisconsin Act 188, effective April 5, 2026).

When did Wisconsin's county bidding thresholds change?

2025 Wisconsin Act 188 doubled them for bids solicited after April 4, 2026. Before that, bidding started over $25,000 and the class 1 notice range was $5,000 to $25,000 (Boardman Clark; League of Wisconsin Municipalities).

Can a Wisconsin county give a local bidder preference?

No. Political subdivisions may not use a geographic preference or other award criteria beyond lowest responsible bidder, except where federal aid rules require (Wis. Stat. 66.0901(1m), secondary: Justia copy).

What bonds do Wisconsin counties require?

On public improvement contracts over $148,000, payment and performance bonds of at least the contract price. From $74,000 to $148,000, bonds or an approved substitute; below $74,000, no bond is required (Wis. Stat. 779.14, secondary: Justia copy).

How much retainage can a Wisconsin county hold?

Up to 5% of each estimate until the job is 50% complete, then no more unless progress is certified unsatisfactory, with a 10% cap (Wis. Stat. 66.0901(9), secondary: Justia copy).

How fast do Wisconsin counties pay?

Payment is timely if made within 30 days of the later of receiving the invoice or accepting the goods or services. Interest runs from day 31 (Wis. Stat. 66.0135, secondary: Justia copy).

Does Wisconsin have a prevailing wage law?

No. Local governments have been barred from prevailing wage rules since Jan. 1, 2017, and 2017 Wisconsin Act 59 repealed the state laws effective Sept. 23, 2017 (U.S. Department of Labor; Department of Administration).

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.