CE 14 Civil Engineering Laws, Ethics and Contracts

Lecture Notes 5
in
Civil Engineering Laws,
Ethics and Contracts

Presented by: NENITA M. ABARADO, C.E.

College of Engineering and Architecture
Bohol Island State University-Main Campus

CE 14
Second Semester
2021-2022
BSCE Curriculum 2013-2014

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CE 14 Civil Engineering Laws, Ethics and Contracts

Lesson 5
The Selection of the Civil Engineer

Learning Objectives:

By the end of the lesson, the students should be able to:

1. identify the basis on the selection of the Civil Engineer;

2. determine the components of Client’s Selection Committee and
3. state the selection of civil engineer based on Qualification –Based Selection (QBS)
procedure

Time Frame: 2 hours

Introduction

The Selection of the Civil Engineer

The selection and engagement of a civil engineer is one the most important
decisions to be made during the development of an engineering project. No two civil
engineers have the same trainings, 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.

Main Criterion for Selection

The client should established administrative policy and criteria for the selection
of qualified civil engineers for the particular project. The client’s first step is to define the
proposed scope of the project. In some cases, this may be a general statement of the
performance requirements of the project. At the other times, the task to be performed
maybe individually identified and defined. By clearly defining the services which the civil
engineer is to furnish. The client can accurately judge whether or not the civil engineer is
the best equipped to provide them.

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

1. The professional and ethical reputation of the civil engineers 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 qualification 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 services.

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CE 14 Civil Engineering Laws, Ethics and Contracts

The selection procedure in this manual apply to projects of private sector. For
government projects, E.O. 164 and PD 1594 as amended apply to procurement of
consulting services and selection of contractor for construction, respectively.

 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 assignment. The person appointed should be familiar with the
project requirements and should be kept free of internal or external pressure during the
selection process.

One satisfactory procedures 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 investigation interviews, and inquiries. The final selection is then based upon
the selection committee’s recommendations.

 Qualification –Based Selection (QBS) Procedure

When selection procedure is considerably enhanced when the client is fully

familiar with the purposed project, can describe the project in detail, and can prepare a
project scope and outline of services expected of the civil engineer. In some cases the
client may not have professional staff available to define the project scope and describe
the required services. The client should still be familiar enough with the project
requirements to understand what is expected of the civil engineer. The selection
procedure, however, can be modified to suit the circumstances.

The client’s usual steps in the selection procedure are presented below. If the
client has 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 qualification and experience from Civil
Engineers who appear to be capable of meeting the project requirements. The
client may issue a “Request for qualification”(RFQ) or “Request for qualification”
(RFP). RFQs are normally used to ascertain the general qualification in a selected
area pf expertise while RFPs are used to seek Civil Engineers for creating “Short
lists” for selecting a Civil Engineer for a specific project.

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

3. Evaluate the statements of qualifications received. Select at least three civil

engineers or forms 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 be considered.
However, in fairness to those not selected it is usually best to make a conscientious

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CE 14 Civil Engineering Laws, Ethics and Contracts

effort to keep the number selected for further consideration for realistic minimum
in view of the cost and time required to prepare competent proposals.

4. 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 reference.
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 clarification of any items as required. For major or complex project 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 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 experience to advice the
committee, when appropriate. During each interview the selection committee
should review the qualifications an 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 be limited to references listed by 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, workloads, location, and
other factors pertinent to the 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 third civil
engineer or firm and if, necessary, with the third civil engineer or firm. If no accord
is reached, the client should seek outside assistance before continuing with the
selection process. Such a procedure with usually result in development of a
satisfactory contract. All such negotiations should be on a strictly confidential

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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.

Assignment:

Answer the following questions:

1. What it takes to be a skilled civil engineer. Explain.

2. Why is it important to employ a civil engineer who is properly qualified?
3. What is the most important factor to consider when hiring a civil engineer? Give a
specific example.

References:

https://www.kdheks.gov/nps/ww_options_manual/chapter9.pdf
http://sknlazoce.blogspot.com/2019/09/50-selection-of-civil-engineer.html