Selection Process for Architects and Engineers

Under Washington State law (chapter 39.80 RCW), public agencies may not use cost as an evaluation criterion in the selection of architects, engineers, landscape architects, and land surveyors. Instead, agencies are required to select the "most qualified" firm and then negotiate an acceptable contract amount with that firm. This process is frequently referred to in the industry as "Qualifications Based Selection."

One question that frequently comes up is whether certain types of services are covered by this process. In evaluating this question, it is important to ask whether the work must, by law, be performed by one of the four disciplines covered by chapter 39.80 RCW (architect, engineer, landscape architect, land surveyor). State law defines what is included in the practice of each of these four professions:

• RCW 18.08.320 (10) defines the practice of Architecture.
• RCW 18.43.020 (5) defines the practice of Engineering.
• RCW 18.43.020 (9) defines the practice of Land Surveying.
• RCW 18.96.030 defines the practice of Landscape Architecture.

If the work under consideration is required by law to be performed by one of these disciplines, then a Request for Qualifications (RFQ) is the correct tool to use in the selection process. In an RFQ, cost may not be one of the evaluation criteria.

If, however, a firm or person practicing in one of these four professions might typically perform the work, but anyone who had sufficient knowledge and experience could legally perform it, then the selection process would not be subject to chapter 39.80 RCW, and price could be used as one of the selection criteria.

There are often questions about the engineering profession and what work is engineering work under chapter 39.80 RCW. Environmental engineering and geotechnical engineering frequently come up as questions. I believe both of these are covered by the State's Qualifications Based Selection process in chapter 39.80 RCW.

Selection of a consultant not subject to chapter 39.80 RCW should be based on the laws applicable to your type of public agency and your agency specifically. For example, State agencies and port districts are subject to requirements for Personal Service Contracts (chapter 39.29 RCW). Some public agencies have local ordinances that regulate consultant selection.

In the absence of any State law or local regulation affecting consultant selection for non-architects/engineers, a Request for Proposals (RFP) would be the most appropriate solicitation tool to use. In an RFP, evaluation criteria would include both qualifications and the consultant's proposed price for performing the work. If the work was not sufficiently defined, the RFP may also ask for the consultant's approach or proposal for how they would accomplish the agency's objectives, and this could also be part of the evaluation criteria.