Background
- Senator Baumgartner asked whether a state/local agency or special district may contract directly with another agency for architectural or engineering services without RCW 39.80 procurement.
- RCW 39.80 governs procurement of architectural and engineering services and requires publication, qualifications, and negotiation.
- The Interlocal Cooperation Act (RCW 39.34) does not generally excuse compliance with RCW 39.80 but allows joint action.
- There may be specific statutes that expressly authorize direct agency-to-agency contracts for such services; application depends on express terms.
- The 1990 informal Attorney General opinion held that counties cannot contract directly for engineering services without RCW 39.80.
- The opinion defines key terms and outlines the three mandatory RCW 39.80 procedures: publication, firm selection, and contract negotiations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RCW 39.80 apply when one agency contracts with another for professional services? | Interlocal Act permits interagency contracting. | RCW 39.80 applies; interlocal does not excuse. | Generally RCW 39.80 applies; interlocal only by express statutory exception. |
| Does RCW 39.34 relieve agencies from RCW 39.80 requirements? | Interlocal cooperation allows joint action. | Interlocal does not relieve legal obligations; exceptions exist only with express statutes. | Interlocal does not relieve RCW 39.80, except where statutes expressly authorize direct provision. |
| Are there circumstances where specific statutes authorize direct agency-to-agency architectural/engineering contracts? | Yes, if a statute expressly authorizes. | Only when express terms harmonize with RCW 39.80. | Such express authority may override RCW 39.80; requires statutory harmony. |
Key Cases Cited
- Spokane Cty. Health Dist. v. Brockett, 120 Wash. 2d 140, 839 P.2d 324 (1992) (recognizes mandatory nature of RCW 39.80 procedures)
- State v. Chester, 133 Wash. 2d 15, 940 P.2d 1374 (1997) (defines 'firm' and related procurement concepts under RCW 39.80)
- Jepson v. Dep't of Labor Indus., 89 Wash.2d 394, 573 P.2d 10 (1977) (statutory interpretation: no implied exceptions outside express terms)
- Hallauer v. Spectrum Props., Inc., 143 Wash.2d 126, 18 P.3d 540 (2001) (conflicts between statutes; later statute governs when conflicting)
- Western Washington Univ. v. Washington Fed'n of State Emps., 58 Wash. App. 433, 793 P.2d 989 (1990) (Interlocal Act power subject to other statutes' obligations)