No Sole Source Selection of Architects and Engineers

In Washington State, selection by public agencies of architects, engineers, landscape architects, and land surveyors is governed by the provisions of chapter RCW 39.80. This law establishes a process for selecting consultants in these four disciplines.

Public agencies are required to select the “most qualified” firm and not use price as an evaluation criterion.

RCW 39.80.060 does have an exception for emergencies. When the public agencies makes a finding that an emergency situation exists that requires the immediate execution of a contract, the provisions of chapter 39.80 RCW are waived.

However, there is no such exception for what might be considered to be sole source providers of services. Public agencies must go through a selection process as outlined in the law or, if the situation is an emergency, then a consultant may be selected without following the prescribed procedures.