Professional Architecture & Engineering Service Contracts
This page provides an overview of the qualifications-based selection procedures local governments in Washington State must follow when contracting for professional architecture and engineering (A&E) services, including competitive processes and statutory requirements, RFQs vs. RFPs, and examples of professional A&E service contracts and solicitations.
It is part of MRSC’s series on Purchasing and Contracting.
For more detailed information, download MRSC's publication Contracting for Services.
What are Professional A&E Services?
Professional architectural and engineering (A&E) services, sometimes known simply as "professional services," are professional services provided by any person, other than an employee of the agency, under contract that fall under the general statutory definitions of:
- Architecture (chapter 18.08 RCW)
- Engineering and land surveying (chapter 18.43 RCW)
- Landscape architecture (chapter 18.96 RCW)
See the definitions in RCW 39.80.020. State licenses and certifications are required in these professions, and A&E projects may be performed in conjunction with public works projects.
Practice Tip: Professional A&E services should not be confused with personal services (consulting or technical services that do not involve A&E), nor should they be confused with purchased services (which are generally routine, repetitive, or mechanical in nature and support an agency's day-to-day operations).
The terminology around “personal services” and “professional services” varies and can cause confusion. For example, some people use the term “professional services” as an umbrella term for any type of consulting service and/or service requiring licensing, and the definition of port district personal services in RCW 53.19.010 includes "professional or technical expertise." Meanwhile, others refer to architecture and engineering services specifically as “professional services” according to the definitions in RCW 39.80.020.
For clarity and consistency, MRSC uses the terms “professional architecture and engineering services” or “A&E services” and refers to non-A&E consulting services as “personal services.”
The exact terminology used by a particular jurisdiction is not as important as making sure the jurisdiction’s policies clearly define and distinguish between the different types of service contracts and that agency staff and officials understand the differences.
Statutory Requirements for A&E Services
All local governments must follow the uniform requirements of chapter 39.80 RCW when procuring professional A&E contracts. Unlike other types of contracts which are awarded partially or entirely on cost, A&E contracts are awarded primarily based on qualifications, a process known as "qualifications-based selection" (QBS).
QBS recognizes that the lowest price should not be a factor for selecting highly skilled design services for essential public facilities and infrastructure. QBS has been required for all public A&E contracts in Washington since 1981.
Advance Notification
All local agencies in need of A&E services must publish advance notification in one of two ways (RCW 39.80.030):
- By issuing an announcement for each project
- By issuing a general announcement describing the anticipated requirements for a category or type of service
These announcements should concisely describe the general scope and nature of the project or work, as well as the address of an agency representative who can provide further information.
Women, Minority, and Veteran-Owned Businesses
All local governments seeking A&E services must develop a plan to give maximum opportunities to women, minority, and veteran-owned firms, making sure that their participation levels are consistent with their general availability within each given field (RCW 39.80.040).
Competitive Process
Local governments generally have significant flexibility in determining how to solicit competition. However, if the project includes grant funding, the grant conditions may require a specific solicitation process.
Generally, the more complex or expensive the project is anticipated to be, the more rigorous the solicitation process should be. Local governments must consider their own resolutions, policies, and procedures to determine their local contracting requirements for minimal, informal, and formal competition.
Suggested procedures and dollar limit thresholds are available in "Table B-Soliciting for Professional Architecture & Engineering Services" of our Contracting for Services publication.
Consultants must submit an "application," which means a completed statement of qualifications together with a request to be considered for the award of one or more contracts for professional A&E services (RCW 39.80.020). The public agency then assesses the expertise of the competing firms, selects the most highly qualified firm, and negotiates the final project scope and associated fee.
If the agency and the most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, the agency then negotiates with the next most highly qualified firm.
Local governments may distribute Requests for Qualifications (RFQs) for a services roster or as part of a formal competitive solicitation. In the case of a formal competitive solicitation, for consultants to submit a complete "application," the RFQ can be combined with elements typically in a Request for Proposals (RFP), or the RFQ could be distributed as the first step in the review process prior to distributing RFPs.
Requests for Qualifications (RFQs)
RFQs ask only for a firm’s general capabilities, including:
- List of principals
- Previous projects
- Number of employees
- Licenses
An RFQ can be used to assess the expertise of the competing firms for selection of the most highly qualified firm. It can also be combined with a Request for Proposals (RFP).
Requests for Proposals (RFPs)
RFPs ask proposers to submit qualifications, if not already on file, and a proposed scope of services in response to the agency’s specific needs. At a minimum, every RFP should include:
- Statement of need (scope). This should be well-written with an adequate level of detail describing the project tasks and products, and listing the availability of supporting documents.
- Estimated schedule. This should be realistic and closely tied to the scope.
- Evaluation criteria. Be clear and tie the criteria to the scope. Provide the scoring criteria, and provide the decision schedule if available.
- Proposal elements. List all the information that interested firms should submit, including the firm’s general approach to the project, a list of key personnel who would work on the project with their experience and availability, and general scope and deliverables. Keep the submittal requirements, page limitations, and due date in the same section of the RFP. Allow for flexibility in the format of responses.
- Submittal deadline. Allow an adequate response time of 3-4 weeks. Accept electronic proposals, and acknowledge receipt of all proposals.
- Agency’s standard terms and conditions. Attach a copy of the terms and conditions, if available, to the RFP.
Other common RFP elements include:
- Background on the agency and project
- Reference documents, although large documents may be posted to a website and referenced in the document
- Whether interviews will be included as part of the selection process
- The pre-proposal conference schedule
- Public disclosure guidance
- Notice that costs incurred in the development of proposals and the selection process will be assumed by the proposers
- Formal certification by the proposer of its authorization to submit the proposal, time validity of the proposal, non-collusion, etc.
Evaluation Criteria
Each agency may establish its own evaluation criteria (RCW 39.80.040). Potential evaluation criteria include, but are not limited to:
- Experience in designing/surveying the type of project envisioned
- Quality of previous performance
- Ability to meet contract deadlines
- Responsiveness to solicitation requirements
- Compliance with statutes and rules relating to contracts or services
- References
- Staff readily available for the project
- Financial capacity
- Licensing and certification
- History of errors and omissions
- Construction change order history
Agencies should consider whether to use a review committee and whether to use weighted evaluation criteria.
Contract Negotiations
After evaluating the proposals, agency staff or the review committee usually recommend a single A&E firm for contract award, subject to contract negotiations. Negotiations with the recommended firm include refining the scope of work, schedule, deliverables, and price, with the objective of obtaining the best value for the agency. Agencies may wish to develop a checklist of standard contract terms that can be modified for individual projects.
The agency must ensure that the final scope is consistent with the services described in the formal solicitation document. A substantial change in the scope may lead to protests from unsuccessful firms, especially if it is accompanied by a cost increase over and above the original projections.
When determining whether the cost is fair and reasonable, agencies should consider the nature of the work, the risk assumed by the consultant, the management of any sub-consultants, and the project timeline.
If the agency is unable to negotiate a fair and reasonable price with the most highly qualified firm, it may negotiate with the second-most qualified firm instead, and so on until an agreement is reached with one of the firms or the process is terminated (RCW 39.80.050).
Intergovernmental Architecture and Engineering Contracts
Two or more agencies may enter into an intergovernmental contract providing for the joint utilization of architecture and engineering services - see RCW 39.34.030(6). The primary agency must comply with all the requirements of chapter 39.80 RCW, and the services provided to other agencies must be related to and within the general scope of the work the firm was originally selected to perform.
Emergency A&E Contracts
RCW 39.80.060 exempts emergency A&E contracts from the normal agency competitive requirements.
Practice Tip: Any contract for which a competitive process is waived must be an explicit necessity and directly related to the emergency.
Building Engineering Systems
To award a contract for the design, fabrication, and installation of "building engineering systems" – including (but not limited to) fire alarm systems; fire sprinklers; and heating, ventilation, and air conditioning (HVAC) control systems – a state or local government may follow the procedures in RCW 39.04.290, regardless of the dollar amount.
"Building engineering systems" is defined as:
[T]hose systems where contracts for the systems customarily have been awarded with a requirement that the contractor provide final approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems.
Under this authority, the agency may either:
- Use a competitive bidding process or request for proposals, with those who bid providing final specifications and a bid price for the work; or
- Use a competitive bidding process in which bidders provide final specifications for the work as part of a larger project.
In either case, the final specifications must be approved by an appropriate design, engineering, and/or public regulatory body. If these procedures are followed, the requirements of chapter 39.80 RCW do not apply to the design of building engineering systems that are included as part of the contract.
Examples of A&E Contracts and Solicitations
Below are selected examples of architecture and engineering contracts, solicitations, and related documents under chapter 39.80 RCW:
Policies and Procedures
- Ferndale Policy for Selection of Architect and Engineering Services (2009)
- Yakima Policy and Procedure for Contracting for Architects and Engineers (2019)
- Also see the examples of procurement policies generally, including A&E, on our page Procurement Policy Guidelines
A&E Rosters/General On-Call A&E Services
Also see the sections below for examples of on-call solicitations and contracts specific to specific engineering fields such as transportation or utilities.
- MRSC Rosters – Consultant roster option includes A&E services
- Cowlitz County On-Call Architectural and Engineering Services RFQ (2022) – On-call services for projects as available; county makes no guarantee that projects will be available. 1-year term with optional extensions; includes sample agreement
- Kennewick Irrigation District Requests Qualifications from Architects & Engineers – Requests statements of qualifications for various A&E services; includes link to application form
- Long Beach On-Call Engineering Services RFQ (2023) – On-call engineering services to support city's capital projects program and provide other general engineering services as requested
- Metro Parks Tacoma Architectural & Engineering Roster – Statement of qualifications required every two years and qualification form every year
- Shelton On-Call Architectural and Engineering Consultant Pool RFQ (2024) – To develop a roster of multiple firms to provide services as needed
- Sultan On-Call Engineering Services RFQ (2022) – On-call engineering services in various categories; city intends to use RFQ to develop on-call roster. Includes service agreement.
Architectural Services (Specific Projects)
- Ferndale Architectural Services RFQ for New City Hall Campus (2022) – A&E firms to assist in space planning, design, and construction management for new city hall campus including court facilities
- Lakewood Architectural Services RFQ for City Hall Redesign Study (2022) – Architecture, engineering, and workspace design services to produce report on city hall redesign possibilities to adapt to hybrid work schedules and maintain efficiency, including possibility of leasing out unused office space
- Pasco Architecture Design Services RFQ for Public Works Facility (2021) – Design services for new public works operations and maintenance facility. Includes standard professional services agreement
- Pierce County Library System Architectural Services RFQ for New Library (2023) – Architecture and construction administration services to build new library on vacant property. Includes terms/conditions and library building program/design guide
- Port of Whitman County Architecture/Engineering Services RFQ for Industrial/Restaurant Building (2023) – A&E services to design port district industrial building; will house brewery production facility and small restaurant/taproom. Includes standard professional services agreement
- South Whatcom Regional Fire Authority Architecture & Engineering Services RFQ for New Administrative Building and Fire Station Improvements (2023) – Architectural, engineering, and cost estimating services related to (a) design and construction of new detached administrative building, and (b) improvements to existing fire station
Landscape Architecture/Parks
- Fife Park Revitalization Design and Cost Estimating RFQ (2023) – Professional services to prepare designs, specifications, and cost estimates for park revitalization, including basketball court resurfacing and replacement of playground/structures. Includes professional services agreement.
Surveying Services (On-Call)
- Cowlitz County Unmanned Aerial Vehicle Surveying Services RFQ (2023) – UAV/drone surveying services for various county projects/facilities. 2-year term with optional extension; includes WSDOT local agency professional services hourly rate agreement
- Douglas County On-Call Surveying Services RFQ (2022) – Surveying services for various civil infrastructure planning, design, and construction projects. 1-year term with intended 1-year extension.
- Pasco On-Call Land Surveying Services RFQ (2021) – Surveying services for various capital improvement projects and other land surveying needs. 2-year term with optional extension; includes professional services agreement
- Port of Tacoma On-Call Surveying Services Master Agreement RFQ (2020) – Includes topographic surveys, bathymetry, boundary line drawings, and writing legal descriptions. 1-year term for up to 3 firms, plus extensions; includes professional services agreement
- Skagit PUD Request for Qualifications for 2024 A&E Services Roster – Requesting statements of qualification for routine project work (surveying and geotechnical analysis) with a contract value less than $120,000
Transportation Engineering (Specific Projects)
- Arlington Street Design and Engineering RFQ (2023) – Engineering services to prepare design plans, specifications, cost estimates, and construction bid documents for new road with sidewalk, multi-use trail, and water/sewer/stormwater utilities.
- Douglas County Bridge Replacement Engineering RFQ/P (2021) – Engineering services to design bridge replacement for rural collector road, including right-of-way acquisition and construction engineering. Includes signed WSDOT hourly rate agreement with successful contractor.
- Edgewood Non-Motorized Trail Engineering RFQ (2023) – Engineering services to prepare design plans, specifications, environmental documentation, and permitting for non-motorized trail on old rail corridor.
- Kittitas County Snoqualmie Pass Safety Plan Engineering RFQ (2024) – Engineering services to support creation of Snoqualmie Pass Comprehensive Safety Plan. Includes transportation modeling and planning, community planning, and civil engineering aspects.
- Moses Lake Intersection Improvement Engineering Services RFQ (2023) – Engineering services to prepare preliminary design for intersection improvements, including multilane roundabout and extending road to accommodate four lanes of traffic.
- Pasco Pedestrian Crossing Improvements Engineering RFQ (2023) – Engineering services to design federally funded, ADA-compliant pedestrian improvements at street intersection. Includes WSDOT local agency professional A&E services cost plus fixed fee agreement.
- Port Orchard Non-Motorized Safe Routes to School Engineering RFQ (2023) – Engineering services to design pedestrian and bike improvements (including utility design) along existing road as part of Safe Routes to School program. Includes conceptual layout and professional services agreement.
Transportation Engineering (On-Call)
- Grant County Consulting Transportation Engineering Services RFQ (2022) – Consulting engineering services for various road, bridge, and public works projects as need arises. Includes planning, preliminary engineering, and construction engineering. 3-year term.
- Kirkland On-Call Transportation Planning and Engineering RFQ (2022) – City seeks to retain up to three firms for its roster. 2-year contract with optional extension; includes professional services agreement.
- Pasco On-Call Transportation Engineering Services RFQ (2023) – 3-year term; city intends to select at least two consultants. Includes professional services agreement.
- Skagit Transit On-Call Engineering/Planning Services RFQ (2022) – On-call engineering/planning services for various transit projects. 3-year term with optional extensions; includes mandatory forms and FTA contract requirements for federally funded task orders.
Permit Review, Inspections & Design Standards
- Kirkland Structural Report Peer Review Services RFQ (2023) – Professional engineering services to review structural plans/calculations of complex construction projects for compliance with codes/standards, supplementing city permit review staff. Includes standard agreement.
- Mill Creek On-Call Civil Engineering, Permit Review, and Construction Inspection Services RFQ (2023) – Includes design, permit review, and construction inspection. City normally provides these services but staffing is temporarily limited; 1-year contract will allow city to maintain service level
- Pasco Design Standards & Specifications Engineering Services RFQ (2023) – Professional engineering services to perform comprehensive review, coordination, and update of city design standards and specifications and associated municipal code sections. Includes standard agreement.
- Sumner Building/Fire Code Review & Inspection Services RFQ (2023) – Professional services to provide building code/fire code review and inspections as needed as part of permitting process
Environmental Engineering
- Bainbridge Island Fish Passage Design Services RFQ (2023) – Professional engineering services to develop preliminary and final designs to replace culvert with a bridge and restore 400' of stream channel to remove fish passage barriers
- Pasco On-Call Environmental Engineering Services RFQ (2021) – Professional environmental engineering services for capital improvement and other municipal projects, including NEPA/SEPA documents, biological documentation, and cultural assessments; includes standard agreement
Water/Sewer Engineering
- College Place Water Reservoir Engineering RFQ (2022) – Engineering services to design new domestic water reservoir/elevated water tank, prepare bid documents, and conduct cultural and environmental evaluations.
- Moses Lake Well Water Treatment Engineering Study RFQ (2022) – Engineering services for water treatment pilot study for possible new shallow well water source.
- Mukilteo Water and Wastewater District On-Call Water/Sewer Engineering Services RFQ (2023) – On-call engineering services related to water distribution, wastewater collection, and wastewater treatment. Term up to 5 years; includes standard professional services agreement.
- Pasco:
- Stormwater Pipe Repair and Replacement Engineering Services RFQ (2024) – Engineering services to design two stormwater pipe repair/replacement projects. Includes professional services agreement.
- Water Utility Engineering Services RFQ for Risk Assessment & Emergency Response (2020) – Engineering services to create risk and resilience assessment (RRA) and emergency response plan (ERP) for city's drinking water infrastructure as required by federal law. Includes professional services agreement.
Electrical Engineering
- Pasco Electrical Engineering Services RFQ (2022) – Engineering services to design improvements for installing and connecting new electrical generators at city hall and police headquarters; includes professional services agreement.
- Whatcom PUD On-Call Electrical Engineering Services RFQ (2023) – On-call electrical engineering services to support and augment PUD staff with current projects, system planning, and/or technical studies
Telecommunications Engineering
- Whatcom PUD Telecommunications/Broadband Fiber Engineering Services RFQ (2023) – Engineering and design services for extending dark fiber optic infrastructure to unserved and underserved rural areas in Point Roberts. Includes previous broadband feasibility study
