EXH0190018492

PCHBPollution Control Hearings Board of the State of Washington

Subject: Request for Bid for Review of Natural Resource Mitigation Plan (NRMP), SeaTac Third Runway project. 1809 SevenlhAvenue Dear Mr. Stockdale: Suite708 Seattle,WA98101-1318 The subject Request for Proposals, dated November 14,2000, has been referred to us because it appears to be inconflict with RCW 39.80. The RFP states that proposers Phone:206/623-5936 should include a cost estimate for the professional engineering services noted above. Fax:206/224-0815 RCW 39.80 governs contracts for architectural, engineering and land surveying services, and establishes procedural requirements for Igocurement of services by all governmentale-maihoffceOcecw.org agencieswithin theStateof Weshington. The statutesetsfortha three-stageprocess hRp://www.cecw.org which includes notice, selection of the most qualified fi_. for a particular project based upon criteria established by the agency, followed by negotiation of a price determined to be "fair and reasonable" by the agency. If the agency and firm are unable to agree upon the price the agency is free to'select and negotiate with another f'um, whether or not ranked by the agency, until agreement is reached or the process is terminated. The competitive, qualifications-based selection process required by RCW 39.80 does not permit bids or cost proposals. Attorney general's opinion AGO 1988, No. 4, states the following with respect to the cost issue: !. "A public agency may not, in procuring architectural or engineering services consider cost or fee in determining which ftrm is most highly qualified to provide services." 2. "When a public agency selects a firm to perform architectural or engineering services, cost or fee may be considered only after the most qualified…
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