CIVIL ENGINEERING CODE OF ETHICS

FUNDAMENTAL CANONS OF ETHICS

FUNDAMENTAL PRINCIPLES:
Civil engineers uphold and advance the integrity, honor and dignity
of civil engineering profession by:
1. Using their knowledge and skill for the enhancement of human welfare and the
environment;
2. Being honest and impartial and serving with fidelity the public, their
employers/employees and clients;
3. Striving to increase the competence and prestige of the civil engineering
profession; and
4. supporting the professional and technical societies of their disciplines

FUNDAMENTAL CANONS:
CANON 1.
Engineers shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable
development in the performance of their professional duties

CANON 2.
Engineers shall perform services only in areas of their competence.

CANON 3.
Engineers shall issue public statements only in an objective and
truthful manner.
CANON 4.
Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.

CANON 5.
Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.

CANON 6.
Engineers shall act in such a manner as to uphold and enhance the
honor, integrity, and dignity of the engineering profession and shall
act with zero tolerance for bribery, fraud, and corruption.

CANON 7.
Engineers shall continue their professional development throughout
their careers, and shall provide opportunities for the professional
development of those engineers under their supervision.
 ENGINEERING PRACTICE
WHAT IS A PROFESSION?
What are the attributes of a profession? There have been many studies of this question,
and some consensus as to the nature of professions has been achieved. Attributes of a
profession include:
1. Work that requires sophisticated skills, the use of judgment, and the exercise
of discretion. Also, the work is not routine and is not capable of being
mechanized.
2. Membership in the profession requires extensive formal education, not
simply practical training or apprenticeship.
3. The public allows special societies or organizations that are controlled by
members of the profession to set standards for admission to the
profession, to set standards of conduct for members, and to enforce these
standards.
4. Significant public good results from the practice of the profession
[Schinzinger and Martin, 2000 ].

In a profession, “JUDGMENT” refers to making significant decisions based on

formal training and experience. In general, the decisions will have serious
impacts on people’s lives and will often have important implications regarding the
spending of large amounts of money

 “DISCRETION” can have two different meanings.

- The first definition involves being discrete in the performance of one’s duties
by keeping information about customers, clients, and patients confidential.

- This confidentiality is essential for engendering a trusting relationship and is

a hallmark of professions. While many jobs might involve some discretion, this
definition implies a high level of significance to the information that must
be kept private by a professional.

- The other definition of discretion involves the ability to make decisions

autonomously. When making a decision, one is often told, “Use your
discretion.”
 - This definition is similar in many ways to that of the term “judgment” described
previously. Many people are allowed to use their discretion in making choices
while performing their jobs. However, the significance and potential impact of the
decision marks the difference between a job and a profession.

PHILIPPINE INSTITUTE OF CIVIL ENGINEERS (PICE)

The objectives of the Institute shall be:

1. the advancement of the knowledge and practice of civil engineering;
2. the fostering and improvement of civil engineering education;
3. the stimulation of research in civil engineering;
4. the professional improvement of its members;
5. the maintenance of high ethical standards in the practice of civil
engineering;
6. the promotion of good public and private clientele relationships;
7. the development of fellowship among civil engineers;

8. the encouragement of professional relations with other allied technical

and scientific organizations;
9. the establishment of a central point of reference and union for its
members and the civil engineering profession; and
10. the acquisition, ownership, management and disposal of real and/or
personal property incidental to or in furtherance of the above objectives of
the Institute
QUALITY
- by definition is one satisfactorily meeting both the expectations of the client
or employer and the requirements of the project.

- It requires professional dedication, effort, adequate time for investigation,

planning and innovation, fair compensation, and appropriate authority and
responsibility.

- It cannot be achieved only by effort at the beginning or end of a project.

These effort must be conscious, continuous, and consistent throughout all
phased of a project.

PROFESSIONAL RESPONSIBILITY
- The standard of practice is for Civil Engineers to be given responsibility for
studying, conceiving, designing, observing construction, and assisting in
the programming for operating and maintaining engineering works.

- The Civil Engineer has obligations as trustee to the public interest as well
as faithful to the private interests of clients.

- Civil Engineers shall conduct themselves in a highly Professional Manner

and Serve as Faithful Trustees or agents of their client or employers.

SPECIALIZATION IN CIVIL ENGINEERING

The Philippine Institute of Civil Engineers (PICE) recognizes specializations in the
following fields:
1. Structural Engineering;
2. Geotechnical Engineering;
3. Water Engineering;
4. Transportation Engineering; and
5. Construction Management and Engineering.
 CLASSIFICATION OF CIVIL ENGINEERING SERVICES

1. Consultations, Research, Investigations and Reports

A. Preliminary and Feasibility Investigations and Reports
B. Planning Studies
C. Appraisals, Valuations and Rate Studies
D. Assistance in Financial Matters
E. Materials Engineering and Equipment Tools
F. Direct Personal Services
G. Research and Development
H. Special Services

2. Design Services for Construction Projects

A. Study and Report Phase
B. Preliminary Design Phase
C. Final Design Phase
D. Bidding and Negotiating Phase
E. Construction Phase
F. Operation Phase

3. Construction Services
- A registered Civil Engineer may provide the services of a supporting
technical employee as required of a construction company.
- He shall however, be paid the professional fees. In addition to his regular
salary, for any design work he performs for which he signs as professional Civil
Engineering and/or engineer on record.
4. Special Services for Construction Projects
• Geotechnical Engineering.
• Special Studies, tests, and process determinations to establish design criteria or
demonstrate compliance.
• Land surveys
• Engineering and topographic surveys for design and construction.
• Mill, shop, or laboratory inspections of the materials and equipment.
• Additional copies of reports, construction drawings, specifications, and other
documents as required for bidding and construction beyond the number specified in the
Basic Services agreement.
• Extra travel and subsistence as defined by the agreement for engineering services.
• Value Engineering
• Redesign to reflect changes requested by the client
• Assistance to the client as an expert witness in litigation in connection with the project.
• Final investigations involving detailed considerations of operation, maintenance and
overhead expenses; preparation of final rate schedules, and earning expenses
statements; appraisals, valuations, and material audits or inventories required for
certification of force account construction performed by the client or for extra work done
by the contractor.
• Preparation of detailed applications and supporting documents grants or advances for
public works projects.
• Plotting, computing, and filing of subdivision plans, staking of lots, and other land
planning and partitioning activities.
• Preparation of environmental assessment and impact statements and other
assistance to the client in connection with public hearings.
• Additional studies and design efforts to meet special conditions encountered during
construction
• Assistance to the client in the selection and engagement of architects, other engineers,
contractors and subcontractors, and observation and approval of their services or work;
contacts with governmental agencies to obtain permit and documents and other
services related to project development.
 • Assessment of a computed project’s ability to meet its design intent relative to
capacity, maintainability, operability or reliability.

5. Engineering Support Services

• Geotechnical Engineering – taking soil and rock borings, excavating test pit
sampling.
• The engineering support services in general civil engineering practice may involve
drafting, land and construction surveying, and other data gathering activities for
specialized purposes.

6. Academic Services
A. Teaching of civil engineering courses in engineering colleges/universities on
part/full time basis.
B. Lecturing in civil engineering courses designed by PICE for practicing engineers
who want to obtain CPD credits.
C. Conducting tutorials/refresher courses on civil engineering concepts and
related subjects.
D. Serving as a Resource Speaker in Technical Session.
E. Writing technical articles and pamphlets.

- A Civil Engineer may be employed for any position or function in any commercial
or institutional organization. Where he is performing civil engineering functions,
he is required to follow code of ethics for Civil Engineer.

- A licensed Civil Engineer may not allow his licensed to be used by the company
that employs him without the proper agreement for his professional services

7. Services as Employee
- A Civil Engineer may be employed for any position or function in any
commercial or institutional organization. Where he is performing civil engineering
functions, he is required to follow code of ethics for Civil Engineer. A licensed
 Civil Engineer may not allow his licensed to be used by the company that
employs him without the proper agreement for his professional services

SELECTION OF THE CIVIL ENGINEERS

- The selection and engagement of a Civil Engineer is one of the most

important decisions to be made during the development of an engineering
project.

- No two Civil Engineers have the same training, experience, capabilities,

personnel, workloads, and particular capabilities.

- Selection of the most qualified Civil Engineer for a specific project will result in a
well-planned and designed, economical, and successful project.

BASIS FOR SELECTION

The client should establish administrative policy and criteria for the
selection of qualified Civil Engineers for projects. The client’s first step is to
define the proposed scope of the project.

Some of the factors that should be considered in the selection process are:

1. The professional and ethical reputation of the Civil Engineer and his
staff as determined by inquiries to previous clients and other
references.

2. Responsible Civil Engineers and its employee and must be registered

professional Civil Engineers.

3. Civil Engineers should have demonstrated qualifications and expertise,

performing the services required for the project.
 4. Civil Engineer should be able to assign qualified engineering staff who
will be in responsible charge of the project and will be able to provide
and complete the required services within the time allotted.

5. The Civil Engineer should have the necessary financial and business
resources to accomplish the assignment and provide continuing
service.

CLIENT’S SELECTION COMMITTEE

 Within the client’s organization there should be an established
administrative policy for designating the persons authorized to select or
recommend selection of Civil Engineers for specific assignments. The
persons appointed should be familiar with the project requirements and
should be kept free of internal or eternal pressure during the selection process.

 One satisfactory procedure is to utilize a selection committee of three or

more individuals, at least one of whom is a professional engineer of the
appropriate discipline.

 For public projects, the client must choose individuals who demonstrate
objectivity in order to avoid the appearance of a conflict of interest in the
selection of the Civil Engineer.

 At least one of the individuals should be thoroughly familiar with the civil
engineering practices. The committee is responsible for making
recommendations after conducting appropriate investigations, interviews, and
inquiries.

 The final selection is then based upon the selection committee’s

recommendations.
QUALIFICATION-BASED SELECTION (QBS) PROCEDURE
The selection procedure is considerably enhanced when the client is fully
familiar with the purpose and nature of the proposed project, can describe the
project in detail, and can prepare a project scope and outline of services
expected of the Civil Engineer

The client's usual steps in the selection procedure are presented below. If the client has
had satisfactory experience with one or more Civil Engineers, it may not be necessary
to follow all of the steps outlined.

1. By invitation or by public notice, state the general nature of the project, the
services required, and request statements of qualifications and experience
from Civil Engineers who appear to be capable of meeting the project
requirements.

The client may issue a "Request for qualifications” (RFQ) or “Request for
proposals" (RFP).

 RFQs are normally used to ascertain the general qualifications in a

selected area of expertise

 while RFPs are used to seek Civil Engineers for creating "short lsts”
for selecting a Civil Engineer for a specific project.

2. Prepare a budget for the staff time and costs that can be expected from
potential Civil Engineer prior to receipt of the RFQs or RFPs.

2. Evaluate the statements of qualifications received. Select at least three

Civil Engineers or firms that may appear to be best qualified for the specific
project. It should be noted that often more than three Civil Engineers or firms
may appear to be equally qualified - in which case more Civil Engineers or firms
 may be considered. However, in fairness to those not selected it is usually best to
make a conscientious effort to keep the number selected for further consideration
for realistic minimum in view of the cost and time required to prepare competent
proposals.

3. Write a letter to each Civil Engineer or selected for further consideration

describing the proposed project in detail, including a project scope and
outline of services required, and asking for a proposal describing in detail
the Civil Engineer's plan for managing and performing the required
services, the personnel to be assigned, the proposed schedule, experience
with similar projects, office location in which services are to be performed,
financial standing, present workload, and references.

Each Civil Engineer or firm should have an opportunity to visit the site,
review all pertinent data and obtain clarification of any items as required.
For major or complex projects, a pre-proposal conference may be desirable to
explain details of the proposed scope of services and to answer questions.
5. On receipt of proposals, invite the Civil Engineers or firms to meet
individually with the selection committee for interviews and discussions of
the desired end results of the project and the engineering services
required. These interviews may be held at the Civil Engineer's office. The client
may consider supplementing the selection committee with personnel who have
specialized expertise to advise the committee, when appropriate. During each
interview the selection committee should review the qualifications and experience
of each Civil Engineer or firm, the capability to provide the services within the
time allotted, and the key personnel to be assigned to the project.
6. Check with recent clients of each Civil Engineer or firm to determine the
quality of their performance. This check need not to be limited to references
listed by the Civil Engineer.
7. List the Civil Engineer or firms in the order of preference, taking into
account their approach and understanding of the project, reputation,
experience, financial standing, size, personnel available, quality of
references, workload, location and other factors pertinent to the project
being considered.
8. Invite the Civil Engineer considered to be best qualified to develop a
detailed scope. List of deliverables and schedule, and to negotiate fair
compensation for the services.
9. The compensation proposed by the Civil Engineer should be evaluated on
the basis of the clients experience and budget estimate, taking account of
the range of charges reported in Section 4 herein; giving consideration to the
project's special characteristics and the scope of services agreed upon. Fair and
reasonable compensation to the Civil Engineer is vital to the success of the
project since it will enable the consultant's expertise to be fully utilized.
10. If satisfactory agreement is not reached with the first Civil Engineer, the
negotiations should be terminated and the Civil Engineer or firm be notified
in writing to that effect.
Similar negotiations should then be held with the second Civil Engineers or
firm and, if necessary, with the third Civil Engineers or firm. If no accord Is
reached, the client should seek outside assistance before continuing with the
selection process. Such a procedure will usually result in development of a
satisfactory contract. All such negotiations should be on a strictly confidential
basis, and in no case should the compensation discussed with one Civil Engineer
be disclosed to another.
11. When agreement has been reached on scope, schedule and compensation,
the client and selected Civil Engineer should formalize their agreement in a
written contract.
 SELECTION PROCEDURE FOR
“LEVEL OF EFFORT’ CONTRACTS

A “LEVEL OF EFFORT” type of contract for engineering services is a CONTRACT

PROCEDURE used to supplement a client staff, either by providing an extension
to existing disciplines and capabilities already on board or by adding special disciplines
not available on the client's staff.
As applied to “LEVEL OF EFFORT’ CONTRACTS, the QBS procedure sets the general
nature of services to be rendered, the types of specialists required and the estimated
number of hours required during the contract period for each type and grade of
specialist, and then requests proposals from qualified firms.

BIDDING
Professional engineering and architectural societies, recognize QBS as the
preferred method for procurement of professional services. In fact, the NEDA
GUIDELINES requires the procurement of a professional engineering and
architectural only by a process similar to that described in “Qualifications-Based
Selection Procedure

There are many reasons why bidding for consulting Civil Engineering services
often produces unsatisfactory results for the client. Principal among these are:
1. Bidding does not recognize professional judgment, which is the key
difference between professional services and the furnishing of products.
Judgment is an essential ingredient in quality engineering services.
2. It is virtually impossible to completely detail in advance the scope of
services required for an engineering project especially for the study and
preliminary phases, without lengthy discussions and negotiations with the
selected firm.
Lacking specifics, the bidding firms must, in order to be competitive,
submit a price for the least effort envisioned. The resulting service performed
 is likely to be tailored to fit the minimal requirements of the bid documents and
will not necessarily suit the client’s needs or expectations.
4. In-depth studies and analyses by the consulting Civil Engineer are not
likely to be performed. The consulting Civil Engineer by lowest bid will often
provide only the minimum services necessary to satisfy the client's scope of
services.

5. The consulting Civil Engineer's ability to be flexible and creative in meeting

the client’s requirements is severely limited.

6. The engineering designs are likely to be minimal in completeness with the

details left to the contractor. This produces a lower first cost design but tends
to add to the cost of the completed project. The lack of design-details also can
and frequently does, lead to a greater number of change orders during
construction and to contractor claims at a later date.

Two-Envelope System
The two-envelope system involves submission of a technical proposal in one
envelope and a price proposal in a second envelope. The client then evaluates the
technical proposals and selects the best qualified Civil Engineer based on that
consulting Civil Engineer's technical proposal. At this point in the selection procedure,
the client opens the price proposal submitted in the second envelope and uses this as a
basis for negotiation of contractual scope and fees. The second envelopes submitted by
the unsuccessful proposers are returned unopened.
 SELECTION OF THE ENGINEER:
PROVISIONS FROM RA 9184 &12009

R.A. 9184 & 12009

• R.A. 9184 - Government Procurement Reform Act

• R.A. 12009 – New Government Procurement Act

This Act shall apply to the Procurement of Infrastructure Projects, Goods,

and Consulting Services, regardless of source of funds, whether local or
foreign, by all branches and instrumentalities of government, its departments,
offices and agencies, including government-owned and/or-controlled
corporations and local government units, subject to the provisions of
Commonwealth Act No. 138. Any treaty or international or executive agreement
affecting the subject matter of this Act to which the Philippine government is a
signatory shall be observed.

PROCUREMENT
refers to the acquisition of Goods and Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Entity.
Procurement shall also include the lease of goods and real property. With respect
to real property, its procurement shall be governed by the provisions of Republic
Act No. 10792, or "The Right-of- Way Act", and other applicable laws, rules
and regulations;

INFRASTRUCTURE PROJECTS.
Include the construction, improvement, rehabilitation, demolition, repair,
restoration or maintenance of roads and bridges, railways, airports,
seaports, communication facilities, civil works components of information
technology projects, irrigation, flood control and drainage, water supply,
sanitation, sewerage and solid waste management systems, shore protection,
energy/power and electrification facilities, national buildings, school buildings,
hospital buildings, and other related construction projects of the government.
 For purposes of, and throughout this IRR, the term “Infrastructure
Projects” shall have the same meaning as, and shall be used
interchangeably with, “civil works” or “works.”

GOODS
Refer to all items, supplies, materials and general support services, except
Consulting Services and infrastructure projects, which may be needed in the
transaction of public businesses or in the pursuit of any government undertaking,
project or activity, whether in the nature of equipment, furniture, stationery,
materials for construction, or personal property of any kind, including non-
personal or contractual services, such as, the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and
related or analogous services, as well as procurement of materials and supplies
provided by the Procuring Entity for such services.
The term “related” or “analogous services” shall include, but is not limited
to, lease of office space, media advertisements, health maintenance
services, and other services essential to the operation of the Procuring
Entity.

CONSULTING SERVICES
refer to services for Infrastructure Projects and other types of projects or
activities of the Government requiring adequate external technical and
professional expertise that are beyond the capability and/or capacity of the
government to undertake such as, but not limited to:
(i) advisory and review services;
(ii) pre-investment or feasibility studies;
(iii) design;
(iv)construction supervision;
(v) management and related services; and
(vi) other technical services or special studies.
COMPETITIVE BIDDING
Refers to a method of procurement which is open to participation by any
interested party and which consists of the following processes:
advertisement, pre-bid conference, eligibility screening of prospective
bidders, receipt and opening of bids, evaluation of bids, post-qualification,
and award of contract.

APPROVED BUDGET FOR THE CONTRACT (“ABC”)

Refers to the budget for the contract duly approved by the Head of the
Procuring Entity, as provided for in the General Appropriations Act or other
authorized source of funds,

BENEFICIAL OWNER
refers to a natural person who: (1) ultimately owns or dominantly
influences the management or policies of the juridical entity

BID
refers to a signed offer or proposal submitted by a supplier, manufacturer,
distributor, contractor, consultant, and service provider in response to the
bidding documents

BIDDER
refers to a supplier, manufacturer, distributor, contractor, consultant, and
service provider who submits a bid in response to the requirements of the
bidding documents;

BIDDING DOCUMENTS
refer to documents issued by the Procuring Entity as the basis for Bids,
furnishing all information necessary for a prospective bidder to prepare a
Bid for the Goods, Infrastructure Projects, and Consulting Services to be
provided.
Bids and Awards Committee (BAC)
refers to the Committee established in accordance with Article V of this
Act;

GPPB
refers to the Government Procurement Policy Board established in
accordance with Article XIX of this Act (R.A. 12009);

HEAD OF THE PROCURING ENTITY (HOPE)

refers to: (1) the head of the agency or the duly authorized official, for
NGAs;
(2) the governing board or its duly authorized official for GOCCs, SUCs, and
GFIs; or (3) the local chief executive, for LGUs: Provided, That in a department,
bureau, office, or agency where the procurement is decentralized, the Head of
each decentralized unit shall be considered as the HoPE subject to the
limitations and authority delegated by the head of the department, bureau, office
or agency;

PHILIPPINE GOVERNMENT ELECTRONIC PROCUREMENT

SYSTEM (PHILGEPS)
refers to the single electronic procurement portal managed by the
Procurement Service (PS-DBM) as provided in Section 20 of this Act;
 ELIGIBILITY REQUIREMENTS

Class “A” Documents

1. Legal Documents
2. Technical Documents
3. Financial Document

Class “B” Document

For Infrastructure Projects, JV bidders shall submit a JVA in accordance with

R.A. 4566 and its IRR.
Bid Evaluation of Short Listed Bidders for Consulting
Services

1. Quality-Based Evaluation Procedure

• A two-stage procedure shall be adopted whereby each consultant shall be
required to submit his technical and financial proposals simultaneously in
separate sealed envelopes.

• After receipt of bids, the technical proposals shall first be opened and
evaluated, in accordance with Section 33.2.2 of this IRR. The BAC shall rank the
consultants in descending order based on the numerical ratings of their technical
proposals and identify the Highest Rated Bid: Provided , however , That the
Highest Rated Bid shall pass the minimum score indicated in the Bidding
Documents.

2. Quality-Cost Based Evaluation Procedure

• The technical proposal together with the financial proposal shall be considered
in the evaluation of consultants. The technical proposals shall be evaluated first
using the criteria in Section 33.2.2 of this IRR. The financial proposals of the
consultants who meet the minimum technical score shall then be opened.

• The financial and technical proposals shall be given corresponding weights with
the financial proposal given a minimum weight of fifteen percent (15%) up to a
maximum of forty percent (40%). The weight of the technical criteria shall be
adjusted accordingly such that their total weight in percent together with the
weight given to the financial proposal shall add to one hundred percent (100%).

The exact weights shall be approved by the HoPE upon the recommendation of
the BAC and indicated in the Bidding Documents. The BAC shall rank the
consultants in descending order based on the combined numerical ratings of
their technical and financial proposals and identify the Highest Rated Bid.