Kansas Legislature allows counties to give no-bid contracts for projects up to $100K

The Kansas Legislature passed a bill raising the ceiling for no-bid county construction projects and rejected a companion proposal repealing construction worker protections. A construction worker appears on Aug. 17, 2023, demolishing the former Docking State Office Building in downtown Topeka, Kansas. (Photo by Sam Bailey/Kansas Reflector)

TOPEKA — Kansas counties could award pricier construction contracts to select businesses under a bill that seeks to raise the ceiling for mandatory public bidding processes.

Under current law, any county construction project that exceeds $25,000 must involve a public bidding process, allowing companies to compete for desirable contracts. The House on Monday passed House Bill 2571, which, if it becomes law, will raise the project cost threshold to $100,000.

It would allow governments to privately award higher value construction contracts for county buildings, bridges, highways, dams, turnpikes and parking lots.

The cap, however, doesn’t preclude counties from soliciting public bids for contracts under $100,000, said Jeff Blubaugh, chairman of the Sedgwick County Commission, wrote in February testimony. Increasing the cap would allow counties like his to more efficiently address facility repairs.

The cap had not been raised since 2008, failing to account for inflation and changes in the construction industry, he said.

Two national trade organizations opposed the proposal, indicating raising the public bidding threshold would also raise bond requirements, risking traditional performance guarantees and payment protections for taxpayers, construction professionals and small businesses.

A majority of the Senate previously opposed the concept when it was proposed under a different bill number and included a provision that would have repealed protections for construction workers. Sen. Elaine Bowers, a Concordia Republican, brought forth the initial bill containing the threshold increase and a provision that proposed eliminating requirements that contractors and subcontractors provide leave, adequate wages and benefits to their workers.

The House agreed to the Senate’s changes on Monday, maintaining statutory worker protections. The Senate passed the current version of the bill 36-3, and the House’s passage sends it to the governor.