The Washington State Attorney General's office recently published a legal opinion on whether public agencies in the state can contract with other agencies to provide architectural and engineering services through the use of an interlocal agreement, but without complying with the selection provisions of RCW 39.80.020.
The Question: Here's the specific question that was asked by State Senator Michael Baumgartner:
May a state or local agency or special district contract directly with another agency for architectural or engineering services, all as defined in RCW 39.80.020, without first complying with the procurement procedures specified in RCW 39.80?
The Answer: The Attorney General's opinion states that public agencies must comply with RCW 39.80.020 when acquiring architectural and engineering services, and that "the Interlocal Cooperation Act, RCW 39.34, does not excuse compliance with those requirements, but does allow public agencies to join together in acquiring such services."
The Legal Opinion: Rather than attempt to restate the Attorney General's reasoning, I suggest you read the opinion yourself if this subject applies to you. The six page legal opinion refers back to a 1990 opinion on the subject that was more limited in scope. The new opinion recognizes that there may be some statutes that "independently authorize an agency or special district to contract directly with another agency or special district for architectural or engineering services."
Implications: The legal opinion may have negative consequences for some public agencies who rely upon other agencies for providing architectural and engineering services through the use of an interlocal agreement. Clearly, there are competing interests involved with this issue.
- Public Agency Interests: Public agencies may find that the most efficient manner of acquiring some of these services is from another agency. However, given the opinion from the Attorney General's office, this doesn't appear to be an option for agencies that do not have specific legislative authority.
- Consultant Interests: Especially in this difficult economy, architects and engineers may view provision of these services by public agencies for other agencies as a limitation of their potential workload, and they will welcome the Attorney General's opinion.
Resources:
- Attorney General Opinion - AGO 2011 No. 2, dated September 7, 2011
- RCW 39.80
Mike Purdy's Public Contracting Blog© 2011 by Michael E. Purdy Associates, LLChttp://PublicContracting.blogspot.com
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