Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 14 > Jan 31 1974

A county of the first class and a housing authority may contract for the joint construction and/or operation of a group home for the developmentally disabled under chapter 35.82 RCW as amended by chapter 198, § 2, Laws of 1973, 1st Ex. Sess.

AGO 1967 NO. 15 > May 2 1967

(1) The requirement of chapter 39.12 RCW that "the prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality or political subdivision, is applicable to labor performed in off-the job site prefabrication by employees of the prime contractor, subcontractors, or other persons doing or contracting to do the whole or any part of the work contemplated by the contract -provided that the prefabricated "item or member" is produced specially for the particular public works project and not merely as a standard item for sale on the general market. (2) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. (3) The standards to be used in determining the prevailing rate of wage are set forth in full in RCW 39.12.010.

AGO 1991 NO. 16 > Apr 4 1991

1.  The Legislature has established limits upon community college enrollment.  As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature.   2.  RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities.  The students receiving instruction pursuant to such a contract do not fall within the enrollment lid.  However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.                                                         

AGLO 1974 NO. 16 > Feb 1 1974

Where a retail installment contract is entered into in the state of Washington between a seller having his principal place of business in this state and a buyer residing in the state of Idaho, with the merchandise being purchased to be delivered by the seller to the buyer in Idaho, the maximum service charge fixed by RCW 63.14.130 applies.

AGO 1984 NO. 17 > Jul 31 1984

Under chapter 39.04 RCW, and consistent with public policy as expressed in judicial decisions regarding public works contracts, the concept of competitive bidding is applicable with regard to the awarding of a construction management contract by the Washington State Convention and Trade Center insofar as that contract would cover the construction phase of the Convention and Trade Center project.

AGO 1993 NO. 18 > Dec 9 1993

1.  Institutions of higher education have the authority to enter into contracts deemed essential to the institution and to accept and solicit gifts.  If there is consideration flowing to the institution, it has the authority to provide goods and services to a private nonprofit organization, including the use of institution employees to solicit gifts, in exchange for fund-raising and other assistance from the organization. 2.  The statute of frauds, RCW 19.36.010, provides that any agreement not to be performed in one year from the making thereof shall be void.  Thus, any agreement between an institution of higher education and a nonprofit organization should be in writing if it is not to be performed in one year.

AGO 1996 NO. 18 > Nov 26 1996

Where the Legislature has authorized expansion of the Washington State Convention and Trade Center but has conditioned funding upon the receipt of contributions from a public or private co-developer, and has imposed further conditions which render it economically impracticable to call for public bids on those portions of the expansion project which will be "jointly" used by the co-developers, and the Convention and Trade Center will call for public bids on those portions of the project that are intended for its use as a state instrumentality, the public works laws are sufficiently flexible to allow the "joint" portions of the construction project to be designed and built by the co-developer without call for public bids.

AGO 1977 NO. 18 > Sep 22 1977

(1) Under the provisions of RCW 35.23.352, as amended by § 1, Chapter 41, Laws of 1977, Ex.Sess., a second, third or fourth class city may still construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where the city has first called for bids but no responsive bids have been received; however, such a city may no longer construct a public work or improvement having an estimated cost in excess of $5,000 through the use of its own labor force where bids have been received but all such bids have been rejected. (2) Because code cities are governed by the same legal rules as apply to second, third and fourth class cities in the construction of public works or improvements, the foregoing conclusions are equally applicable to the ability of a code city to construct a public work or improvement through the use of its own labor force. (3) For the same reason a code city, after calling for bids and rejecting them, may not negotiate a contract for a public work or improvement without any further call for bids.

AGO 1981 NO. 19 > Nov 20 1981

State agencies which contract for architectural and engineering services pursuant to chapter 61, Laws of 1981 are not thereby exempt from filing such contracts with the Office of Financial Management under the provisions of chapter 39.29 RCW.

AGO 1993 NO. 19 > Dec 15 1993

A prequalification requirement prohibits a contractor from bidding on a public works contract unless the requirement is satisfied.  There is no statute that establishes a prequalification requirement that contractors must have an apprenticeship program.  In absence of such a statute, a university does not have the authority to establish such a prequalification requirement.

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