Competitive Bidding Requirements

MRSC, July 2000

Procedural requirements for municipal purchasing and public works projects are extensive and varied; consequently they are treated separately and in depth in our Purchasing and Bidding in Washington Cities and Counties Web page. The following discussion provides a brief overview of those requirements and the penalties for intentionally not following them.

In General

In this state, most major purchases and public works projects by cities and counties are subject to statutory competitive bidding requirements. See, e.g., as to purchases and public works by second class cities and towns, and code cities of less than 20,000 population, RCW 35.23.352 and RCW 35A.40.210; as to purchases and public works by counties, see RCW 36.32.235 to .270. A county's or a city's charter or ordinances may provide additional bidding requirements.

Even when it is not legally required, the submission of municipal purchases and contracts to competitive bidding is generally favored in order to secure the best bargain for the public and to discourage favoritism, collusion, and fraud. Edwards v. Renton, 67 Wn.2d 598, 602, 409 P.2d 153 (1965). Accordingly, requirements in statutes, charter provisions, and ordinances to that effect are liberally construed in favor of bidding, and exceptions are narrowly construed. See Gostovich v. West Richland, 75 Wn.2d 583, 587, 452 P.2d 737 (1969).

In cases where competitive bidding is not required, the law still may necessitate notice or other less stringent procedures. See, e.g., Chapter 39.04 RCW and also, in connection with the procurement of architectural and engineering services, Chapter 39.80 RCW.

Penalties for Violations of Competitive Bid Law RCW 39.30.020 provides as follows:

In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through or under whose supervision, in whole or in part, any contract is made in wilful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding upon such contract shall be held liable to a civil penalty of not less than $300 and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his office. For purposes of this section, "municipal officer" shall mean an "officer" or "municipal officer" as those terms are defined in RCW 42.23.020 (2). (Emphasis supplied.)