What are the legal requirements related to public contracts?

In Washington, all public contracts must be in writing and can only be used for legally permissible purposes. Contracts for public works require a bidding process, which includes advertising for bids, giving bidders an opportunity to respond, and awarding the contract to the lowest-cost, responsible bidder. Issues related to labor and materials must also be considered. Public contracts must also include certain legal requirements. A public contract must include the names of all related parties, the purpose of the contract, the specific services and obligations of each party, and all of the material terms and conditions of the agreement. The contract should also include a compatibility clause, which states that the terms of the contract are consistent with all applicable local, state, and federal laws and regulations. In addition to those requirements, the governing body that is entering into the contract must also include an authorization clause and a severability clause. The authorization clause is generally used to confirm that the government body has the legal authority to enter into the contract. The severability clause is used to specify that, if one portion of the contract is found to be invalid, the remainder of the contract will still be in effect. Finally, all public contracts must include an adequate method of dispute resolution, in the event of a disagreement. This is typically accomplished through the inclusion of a mediation or arbitration clause. Public contracts involve many complex legal requirements, so it is important for anyone entering into a public contract in Washington to consult with an attorney who has experience in this area of the law.

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