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The document discusses the relationship between man and society, highlighting the characteristics, elements, and theories of society, as well as the role of technology and engineers in societal development. It outlines factors causing social change, the impact of engineering practices in both Eastern and Western societies, and the professional ethics and responsibilities of engineers in Nepal. Additionally, it emphasizes the importance of professional institutions and the regulatory framework governing the engineering profession.

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Berhanu Sufa
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0% found this document useful (0 votes)
3 views33 pages

EPP Notes

The document discusses the relationship between man and society, highlighting the characteristics, elements, and theories of society, as well as the role of technology and engineers in societal development. It outlines factors causing social change, the impact of engineering practices in both Eastern and Western societies, and the professional ethics and responsibilities of engineers in Nepal. Additionally, it emphasizes the importance of professional institutions and the regulatory framework governing the engineering profession.

Uploaded by

Berhanu Sufa
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1.

1 Man and Society Society


Man • A society is a stable institution, a formal association of people having similar
interest
• Man is one of the most intelligent creature among the countless • Sharing common territory, common rules and regulation, common belief
creatures in the world and culture
• Man uses mind to solve the problem, makes the environment friendly Elements of society
and achieves benefit that’s why different from other animals • Plurality (gender, age, religion, belief, income, wealth, caste)
• Usually lives in group, i.e, family- is a crucial instrument for the • Interdependence
development of personality • Cooperation
• A child in a society, absorbs its values and behaviour, way of thought, • Mutual understanding
language after certain values and orientation in the family • Dynamic
• Stability

Characteristics of society Theories of origin of society


• Consists of people
1. Devine origin theory
• Mutual interaction and understanding • Society is creation of god
• Coordination, cooperation and division of labors • Structure and activity of society is will of god
• God is guiding and human being is doing acting only
• Interdependence
2. Social contact theory
• Differences • Society is planned by human being
• Dynamics • It is ends of mutual agreement of individuals
• Assumes all human beings are born free, equal in dignity and right
• Social control (tradition/law) 3. Evolutionary theory
• Uniqueness on culture • It is result of gradual evolution
• By continuous development

Page 1 of 33
1.2 Technology and society Role of Engineers

Engineers are those persons who use the technology practically, key roles of engineers
Technology for development are as follows-
• Systematic knowledge which facilitates to the use of machines and • Creating vision
tools Thinking of beneficial and useful product/object for people by utilizing the properties
of different matter and sources of power.
• Transfers knowledge into skills
• Practical application of knowledge that brings changes in society • Preparing mission
• Facilitates societies to easier/comfortable lives Make plan, prepare economically for use of large number of people for their safety
and protection.
• Changes life style with its application (internet, mobile phone,
computers) • Execution
Assigned the job or activities that requires engineering knowledge and skills for
implementation of vision and mission.

Social change
The change in social processes, interactions, mutual activities and relationship
• Monitoring and evaluation on society due to dynamic behaviour of people, over a particular period of
time. These are of basically of two types:
To make accurate, timely, maintain the quality and economy, do monitor,
supervise and evaluate 1. Exogenous change
• Caused by external agencies eg. Colonization, war or settlement
• Train • Highly unpredictable
Train new engineers to make professionals, practically, technically and • May cause social unequalibrium
professionally.
2. Endogenous change
• Upgrade Profession • Caused by internal agencies eg. Invention, mutual concern
Innovate, systematize and make facilities for the society/people by keeping up • Predictable
the dignity and ethical values of engineers.

Page 2 of 33
Factors causing social change Theories of social change
• Social movement [Link]-cultural evolution theory
• Society develops gradually from simple to complex
• Cultural factors
• Simple society- lager society – industrial society- modern world
• Technological factors 2. Functionalist theory
• Demographic factors • Emphasized on social orders
• Focus to maintain social equilibrium for stability
• Environmental factors
3. Conflict theory
• Education factors • Inequality between people on power, wealth and prestige
• Political change • One group can get ahead at the expense of another group
4. Cyclical theory
Assumes each civilization is like a biological organism, birth-mature-old-death-birth

The changes brought by the engineers‘ activities in the human


societies are as below- At family of society-
Some positive changes:
1. mass production of goods through machines,
• Nuclear family emerged,
2. automation,
• Women started involving in male dominant working areas,
3. faster means of transportation,
• Changed living standard of life,
4. mass communication,
• Children started new ways in specializations,
5. inventing labor saving devices, • Started bringing changes in orthodox values.
6. creating faster pace of life,
7. commercializing recreation, 8. emphasizing on high degree of Some demerits:
specialization . • Life became mechanical,
• Relationship among keen relatives became formal,
• Existing social customs changed,
• Family ties among family member became less.

Page 3 of 33
In religious societies- In Urban societies-
•Started analyzing religion doctrines and tradition, •Rapid increase in population,
•Relaxation occurred in the rigidity of caste system,
•Shortage of land,
•People became free from religion rituals,
•Traffic congestion,
•Religion became secondary thing.
•Crimes
In rural societies- •Mechanic life,
•Population started migrating towards urban areas, •Money, money, money
•Populations became increasingly consciousness of their societies, •Life became expensive
• People started changed farming techniques
• People have more comfortable lives than before,
• Their life-patterns changed.

Values of Western society Values of Eastern society


• Work and activity • Power of truth
• Achievement and success, • Achievement in religious activities,
• Moral orientation, • Societal concern,
• Efficiency and practicability, • Belief on the values by their forefathers,
• Progress,
• ………………………..?
• Materials comforts,
• ………………………?
• Equality,
• ……………………….?
• Freedom,
• Use of technology, • …………………….?
• Individualistic,
• High value of time

Page 4 of 33
1.3 Engineering practice in Eastern societies Engineering practice in Eastern societies
[Link] 5000 BC, civilization developed near Yanshao, where people roamed 7. During 704 AD, the Buddhist Text “Dharani Sutra” was printed in Korea
seeking new soil for agriculture. People used earthen pottery and stone tools. during 704 – 751 AD, using block printing technique. It is the oldest existing
2. During 4000 BC, early Chinese communities planned cities according to Grid printed book,
pattern with intersecting streets at right angles to each other. 8. In 805 AD, the forerunners of Gun were invented, which is called “fire lance”,
3. During 3300 – 3200 BC, Egyptians first developed a system of Division of
Labor in closed societies in Sumar and Egypt, particularly among merchants 9. In 1040 AD, Chinese writer Tseng Kung – Liang published the first known
and metalworkers. Gun-powder formulae for use in three weapons- a. bomb held by a kind of
catapult, b. bomb with hooks and c. a poison – smoke ball.
4. During 3500 –3000 BC, in Sumeria, the appearance of towns and cities
coincide with the production and distribution of goods through trades. 10. In 1045 – 1048 AD, Pi – Sang invented movable type for printing. Printing
5. In 132 AD, Chinese philosopher Chang Heng invented a Seismoscope. with movable type was developed in Europe in mid 15th century.
6. In 510 AD, China‘s Grand Canal (Shan –Yang) in southern China was built 11. In 1250 AD, true guns with a gunpowder chamber and strengthening
connecting Yangtze (Chang-Jiang) and Huang –He (yellow river), which played a explosion chamber to prevent splitting appeared in china. In less than a
lifeline for north China providing a transportation route for grains and century, guns reached in Europe and changed the characters of medieval
commodities. warfare.

Engineering practice in Eastern societies 1.4 Engineering practice in Western societies


12. In 1805 AD, the first Surgery equipment was performed in Japan. 1. In 3000 – 1000 BC, Stonehenge – a monument consisting of
13. The Iranians built many bridges, however of which some survive concentric circles of stone oriented towards the Sun position on the
from the time of Shapur –I (300AD). summer solstice in England.
14. In 400 AD, the Sassaid kings built a great palace at Ctesiphon, which 2. In 300BC – 100 AD, agriculture and power appeared in ancient
was a capital on Tigris, north east of deserted Babylon and down stream Mesoamerica.
from the village of Baghdad. Part of this palace still stands, including 3. In 250 – 900 AD, Maya created and maintained a sophisticated pair of
most of the vaulted dining hall “the widest single span vault of un- interlocking Calendar to help them plan ceremonies.
reinforced brick work in the world.” The vault is 77 feet wide at the base 4. In 1268 AD, English scientist and philosopher Roger bacon records a
and 112 feet high. statement about using lenses to improve vision with eyeglasses. At the
15. In 515 BC, Persian building method with stone instead of wood was end of 13th century, many wealthy and elite people in Europe, Asia, and
introduced into India. Africa wear glasses.

Page 5 of 33
Engineering practice in Western societies Engineering practice in Western societies
5. In 1487 AD, Aztee ruler Ahuitzotl dedicated the new Tempo Mayor 10. In 1807 AD, American inventor and engineer Robert Fulton inaugurated a new era
(great temple), an enormous double pyramid in Tenochtitlan to the of power driven navigation as a steamboat.
warrior God of the Sun. 11. In 1660 Ad, a fine opportunity for planned city was offered after the great fire of
London by John Evelyn, the diarist and civil servant and Chritopher Wren, an architect
6. In 1673 AD, English mathematician, John Hadlley and American to Charles-II for rebuilding the burnt city before the ashes cool down.
inventor Thomas Godfery independently invented the Sextant, an 12. In 1548 – 1620, Simon Stevin discovered the triangle of forces in Netherlands,
optical instrument to measure angular distance between any two which helped to calculate the actual load on the members of cranes, trusses and other
objects. structures.
7. In 1747 –1752 AD, American scientist Benjamin Franklin theorized 13. Stevin‘s younger contemporary Galileo Galilel in 1564 – 1642 AD, solved the
that lightning is a form of electricity. problem of accelerated movement and began the analysis of stresses in beams.
8. In 1780 AD, Scottish inventor James Watt and English manufacturer 14. Technical men organized the society of Lynxes, to which Galileo belonged. The first
research institute was founded in 1560 AD.
Matthew Boulton began manufacturing a steam engine for industrial
use. 15. Engineering school appeared in France in 1800 AD and at the same time
specialization within engineering profession took place. John Smeaton, who went to
9. In 1793 AD, American Eli Whitney invented the cotton gin, a device France in 1750s AD to round off his technical education, called himself ‘Civil engineer‘
that rapidly and efficiently removes seeds from cotton fiber. meaning non-military engineer.

1.5 Engineering practice in Nepal 1.5 Engineering practice in Nepal


Following are some government line agencies, corporation and 8. Nepal electricity authority
companies where engineering graduates can practice engineering 9. Metropolitan cities, sub-metropolitan cities, municipalities and rural
profession: municipalities
1. Line ministries, OPMCM and OCMCM 10. University grant commission
2. District coordination committee 11……………………
3. Metropolitan cities, sub-metropolitan cities, municipalities and rural 12…………………..
municipalities
13……………………..
4. Nepal telecommunication company LTD
5. Nepal airlines corporation
6. Nepal industrial development corporation
7. Government, private banks and cooperatives

Page 6 of 33
General job description of Engineers in public sector General job description of Engineers in private sector
1. To perform preliminary and detail survey, design and estimate, 1. To coordinate works between stakeholders- clients, consulting and
2. To execute and assign for execution of project works, contractors
3. To conduct various programs for increasing people’s capacity, 2. To layout works, to survey and to estimate,
4. To report writings of- 3. To supervise, monitor, and control works,
• progress report, 4. To control quality, to assess and report to concerning authorities,
• feasibility report,
5. To prepare bills as a quantity surveyor,
• final report
6. To plan project and report progress,
• monitoring and evaluation report etc,
5. To monitor and evaluate ongoing projects, 7. To prepare technical report and prepare claims if any,
6. To facilitate donor agencies is involved, 8. To conduct necessary training regarding site work and office
7. To execute and perform works and jobs assigned by immediate superiors, and
organizations system to new staffs,
8. To execute other jobs planned specifically for engineers as the nature and case. 9. To overall manage of construction project etc.

Chapter 2: Profession and ethics Profession


1. Profession: definition and Characteristics • A paid occupation, especially one that involves prolonged training
and a formal qualification.
2. Professional Institutions
• Having a systematic knowledge through specialized training or
3. Relation of an engineer with Client, Contractor and fellow engineer education
4. Ethics, Codes of Ethics and Engineering Ethics • Occupation, career
• something a little more than a job
5. Moral Dilemma and Ethical Decision making
6. Detailed duties of an engineer and Architect Professionalism
7. Liability and Negligence • the competence or skill expected of a professional
• the combination of all the qualities that are connected with trained
and skilled people
• level of excellence or competence that is expected of a professional

Page 7 of 33
Characteristics of Professional Professional institutions

• A professional acquires a systematic knowledge and skill, • Formed by professionals


• A professional exercises the knowledge and enhance skill • Registered in the government office
ethically as an expert, occupational or professional, • It forms rule and regulations to maintain high level of ethics
• The service or work as an expertise of a professional is • Public beneficial rules and regulations can be easily
evaluated by the public, implemented through it
• Professionals follow code of conducts to keep moral of the • Example: Nepal engineering Council, Medical council, Nursing
profession high, council and Nepal bar council etc.
• Professionals have their own cultures.

The Council categorizes the engineers as under according to


section 2 of the Engineering Council Act-
In Nepal, The Engineering Council Rules 2057 came into existence • General registered engineers,
under the Engineering Council Act 2055, Section 37. The rules was • Professional engineers, and
initiated for making engineering profession effective and • Non-Nepalese registered engineers
impressive in Nepal. It has the following main objectives to start
with-
Section 3 of the Engineering Council Act 2055 states that –
• to make engineering profession more effective,
The educational institutions, organizations or any academy which
• to regulate systematically and scientifically the engineering intend to offer Bachelor, master or any Postgraduate engineering
profession in Nepal, and degree will be first needed recommendation of the council before
• to register engineers in the Engineering Council according to approval by the government of Nepal
their qualifications.

Page 8 of 33
Section 4 of the Engineering Council Act 2055 describes a set of Section 5 of the Act states an examining committee of 3 members
professional morals and professional conducts for all registered formed under the coordination of a council member shall examine
engineers as under- any complaint registered against any engineer in the council.
• Honesty and discipline The committee, in its procedure , may suspend the engineer not
• Loyalty and morals to make further mistakes. The engineer that has been complained
• Impartiality of doing misconduct or immoral conduct shall be given an
• Perform professional related jobs only opportunity to clarify of his / her conduct before the committee.
• Never do anything that brings low moral in Engg. Profession The committee will produce its recommendation to the executive
• Personal responsibility board of the council for making decision whether the engineer
should be removed or reinstated in the registration book from
• Name, rank and registered number suspension.
• Do not publish statements to make unnecessary influence

System of Provision for private practice and for employee engineers System of Provision for private practice and for employee engineers
The Nepal Engineering Council Act 2055, Section 3 states that – 2. Checking of the application: The Registrar of the Council will check
‘No engineer should practice engineering profession without being all the papers submitted along with application and then submit to the
registered in the Council even if graduated from the institute recognized subject committee of the council.
by the council.’ 3. Checking on the application and recommendation:
[Link] for registration:
a. The subject committee will make necessary checking on the
• a. In the prescribed format of the council, a person wishing to apply application submitted by the Registrar,
for his name to be registered should apply,
• b. Those who have been practicing engineering profession before b. Any thing unclear realized by the committee will be made clear by
the coming of the Engineering council should apply in the prescribed asking to submit necessary papers and certificates,
format within six month from the implementation of the c. Any necessary paper demanded by the committee and to submit
Engineering Council Act, the same by the applicant is applicant’s responsibility,
• c. Those wishing to apply according to a or b above need to submit d. If the committee finds qualified for registration after checking
certificates, awards and other papers relating to academic
qualification along with specified registration fees, according to a, b and c above, the committee will recommend to the
council for registration.

Page 9 of 33
System of Provision for private practice and for employee engineers System of Provision for private practice and for employee engineers

4. Register the Name: 6. Inform if the decision is made not to register the name:
The council shall decide to register the name of the applicant in If the council decides not to register the name of the applicant
the format of Registration Book prepared by the council, if the showing any reason, the Registrar will inform the applicant in
council finds the recommended name right for registration in the writing.
council. 7. Removal of the name from the Register Book:
a. The name of the engineers from the register Book shall not be
removed except in the following cases-
5. Certify the Registration of the name:
• Mentally ill,
After the decision made for registration by the council, the • Bankrupt in case being unable to pay loans back,
Registrar will register the name in the registration Book and
provide a Certificate of Registration of the Name in a specified • Violated the specified professional conducts and reported to the
council to remove the name from the Register Book and if decided
format. by two third majority,

System of Provision for private practice and for employee engineers System of Provision for private practice and for employee engineers

• If the court proved the engineer guilty in public case on moral 8. Cancellation of the Certificate:
ground, If the council decides to remove the name of the registered
• By mistake or mischief if anybody without basic qualification engineer from the Register Book, the Registrar will inform the
has been registered, engineer by removing the name from the Register Book and
canceling the certificate of the engineer.
b. The council shall form a committee to make recommendation Re- registering the name:
on the case by examining the engineer that is reported blamed
and removal his name from the Register Book. a. If the name of an engineer is removed from the Register Book
as per decision made by the council, and if the engineer wishes
c. The procedure that the examining committee has to follow in to re-apply for registration and s/he can apply in a prescribed
checking the case will be as per specified. format at least after a year showing reasonable causes.
b. If the council decides to re-register the name, it can reregister
the name of the applicant again.

Page 10 of 33
Relation of an engineer with Client, Contractor and fellow engineer

Relation of an engineer with Client, Contractor and fellow engineer • A construction team is generally comprises of the following
parties of 3Cs
• Engineers work in developmental activities of any kinds,
• The major roles of an engineer is expert based leadership. It is
because the expertise come from engineers,
• Engineers work for the client but s/he will not work blindly on
behalf of the client, rather s/he will play a role of leader to
succeed the work for the client under his or her control.
• In simple, the engineer make the project success by working on
behalf of the client and getting the work complete through the
contractor.

Owner or Client Consultants


This party approves the concept of construction, pays the bills of The client hires the consultant to perform engineering works for
construction works and utilizes the facilities. Its roles are- his side. Whatever engineering decisions are taken, consultant is
• Pays the bills of the work performed, responsible first and then to convey to the owner for final
approval. Its roles are-
• Decides and approves changes if any in the project,
• Design and plans the facility for the owner,
• Approves the quality of materials and construction,
• Control the quality of work for the construction,
• Fixes the project times,
• Approves the technical aspects,
• Instructs the consultant for quality correction,
• Instruct the contractor for any change,
• Decides the start up date and owns the returns from the
services or facility • Recommend the bills for payment to the owner

Page 11 of 33
Contractors Ethics, Code of ethics and Engineering ethics
The contractor is bound to carry out construction work as per Ethics
directions and instruction of the consultant. The contractor has • It is a system of belief that supports the view of morality. Morality
the following roles- concerns with the principle of voluntary behaviors of what is good
• Constructs the facility as per design and drawings, and bad, right of wrong.
• Obeys the changes instructed by the consultant in written on • The ethics as normative science that contain norms to be followed
by professionals as a professional conduct, needs Codes of ethics
behalf of the owner,
and guidelines as norms to maintain high level standard of good
• Prepares bills of his work and submits to the consultant for the behavior.
recommendation to the owner for payments, Code of Ethics
• Improves and rectifies the defects, • A written set of guidelines issued by an organization to its
• Clears taxes and prepares bills for the finals etc. workers and management to help them conduct their actions
in accordance with its primary values and ethical standards.

Ethics, Code of ethics and Engineering ethics………………….. Factors affecting morale of Engineers
A code of ethics document may outline the mission and values of • Salary
the business or organization, how professionals are supposed to • Integrity
approach problems, the ethical principles based on the
organization's core values and the standards to which the • Social norms and values
professional is held. • Implementation of rule and regulations
• Obedience
Engineering Ethics • Lack of political commitment
Engineering ethics is the field of applied ethics and system of
moral principles that apply to the practice of engineering. The field
examines and sets the obligations by engineers to society, to their
clients, and to the profession.

Page 12 of 33
Fundamental canons for professional engineers
1. Engineers should hold paramount the safety, health and welfare of
Five fundamental ethical values for code of ethics the public in the performance of their professional duties,
• Protection of life and safeguarding people 2. Engineers shall perform services only in the areas of their
• Sustainable management and care for the environment competences,
• Community well being 3. Engineers shall issue public statements only in an objective and
• Professionalism, integrity and competence truthful manner,
• Sustaining engineering knowledge 4. Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of
Factors affecting ethical and unethical behaviour interests,
• Individual characteristics(values, strength) 5. Engineers shall build their professional reputations on the merit of
• Structure of organization their services and shall not compete unfairly with others,
• Organizational culture 6. Engineers shall act in such a manner as to uphold and enhance the
• Stage of moral development honor, integrity and dignity of the profession,
• Issue intensity 7. Engineers shall continue their professional development throughout
their careers and shall provide opportunities for the professional
development of those engineers under their supervision.

Moral dilemma and ethical decision making Moral dilemma and ethical decision making……………..

• A moral dilemma is a conflict in which you have to choose between • A moral dilemma is a conflict in which you have to choose between
two or more actions and have moral reasons for choosing each two or more actions and have moral reasons for choosing each
action. action.
• As engineers are the people who work for the benefits of mankind by • As engineers are the people who work for the benefits of mankind by
exploiting the properties of matter and sources of power, they can exploiting the properties of matter and sources of power, they can
come across moral dilemma in various stages of works while making come across moral dilemma in various stages of works while making
decisions. decisions.
• The interest and will of the people in the society may differ mainly • The interest and will of the people in the society may differ mainly
because of seeking more benefits or return on behalf of them alone. because of seeking more benefits or return on behalf of them alone.
They start then influencing the engineers and the conscience of They start then influencing the engineers and the conscience of
engineers’ come across moral dilemmas. engineers’ come across moral dilemmas.

Page 13 of 33
Moral dilemma and ethical decision making…………….. Duties of an Engineer and Architect

The engineers need to overcome moral dilemma considering various • Engineer/Architect are the persons at the construction site to
law of ethics as described under- interpret the design and drawing, condition of contract and
1. Eternal law of ethics: based on the nature and the scriptures change them into reality.
2. Utilitarian law of ethics: based upon the outcomes or results of the • Architect / Engineer is supposed to be fair to all stakeholders.
act
3. Universalism law of ethics: based upon the motive or intent of the
The responsibility of site engineer can also be described
doers
accordingly-
4. Distributive Justice law of ethics: based upon the primacy of justice
equal to all a. Quality concerns,
5. Personal Liberty law of ethics: based upon the primacy of personal b. Time and Progress concerns, and
liberty c. Cost concerns

a. Quality concerns b. Time and progress concerns

• To accurately lay out the designs and drawings, • To ask to submit programs of order, delivery, test and samples of
• To control the quality of work, materials,
• To verity the quality of materials, • To verify the progress with the programs submitted and
approved,
• To identify the essential variation and its causes, cost,
alternatives and approval from the authority, • To control variations orders controlling time & progress,
• To examine the storage or stock of materials at site, • To calculate the speed of work within the time available for the
completion of the work based on the available resources at site
• To interpret the terms and conditions of contract to all involved with the contractor and notify accordingly,
parties when necessary,
• To give instruction to speed up the works to meet target,
• To approve source of materials,
• To timely certify the bills that was submitted for payment,
• To collect test certificates of the materials,
• To make quick & right decision not to delay work,
• To approve the method of construction that comply the
statement in the specification

Page 14 of 33
b. Time and progress concerns…………………… Cost concerns…………………….
• To check the works, materials, sample or equipment • To reduce disputes to enhance works and t maintaining
when and where asked to do so at site cost level,
• To hold meeting with the contractor and technicians for • To check bills and produce to the authority to make timely
quality and timely construction as per plans payment
• To find defects and to instruct the contractor to correct
c. Cost concerns: them as soon as possible
• To minimize variations orders as far as possible, • To keep records of all issued instructions, inquiries, or
letters received from authorities so that they can be
• To ensure that the compensatory events occur minimum produced when and where needed to resolve disputes
and to minimize changes,
• To control quantity so that their quantities do not exceed
given in BoQ,
• To make payment in time,

Liability and Negligence Liability and Negligence


Negligence Liability
• Lack of careful attention towards the health, safety and • Liability is a troublesome responsibility having legal
property of the people and as a consequence result harm binding or an obligation.
or loss. • In engineering engineers while performing their duties,
• Engineers works in the society using huge amount of may create. Liabilities occur because of negligence in
budget to create benefits to the society. They need performance.
absolute careful attention not to harm any people, • The liabilities that most engineers face are tort liability.
property or health wise.
• There is an organizational liability, which is understood as
• Because of negligence and its results, engineers are vicarious liability.
compelled to bear liabilities and obligations.

Page 15 of 33
Liability and Negligence…………….. Vicarious Liability
• Tort liability • Vicarious liability means that employers such as hospitals
Negligence that harm unrelated person or property and seek are responsible for the acts of their employees if the acts
compensation. A “tort” is an injury to another person or to are within the scope of employment.
property, which can be compensated under the law. To give • An employer is responsible for the acts of his /her
rise to a legal claim in tort, an act must satisfy four elements employee as long as the employee’s acts are within the
as follows- persons’ job description.
• There must be a legal duty of care to another person,
• There must be a breach of that duty,
• The claimant must have suffered damages, and
• The damages must have been proximately caused by the
breach of the duty.

Chapter 3: Professional Practices in Nepal Public Sector Practices


• Public Sector Practices • Public sectors are understood the organizations that are run by
• Private sector Practices the budget sanctioned by the government.
• The organizations in which qualified people can compete for
• General Job descriptions of Fresh graduates in both Public participation are public organizations.
and Private Sectors
• All the ministries and departments, regional offices, district
offices and other sister organizations are public sectors wherein
any qualified Nepalese citizen can apply and be nominated for
the job.
• Corporations and companies are considered semi -
governmental organizations, in which the government
authorities appoint apex positions and others by the Public
Service Commission.

Page 16 of 33
General job description of engineers working in public sector General job description of engineers working in public sector…….
The following job description is for the fresh or newly entering 5. To monitor and evaluate ongoing projects,
engineers on the Gazetted third class positions, abstracted from the
office of Rural Infrastructure development Project (RIDP), HMG/Nepal- 6. To facilitate donor agencies is involved,
1. To perform preliminary and detail survey, design and estimate, 7. To execute and perform works and jobs assigned by immediate
2. To execute and assign for execution of project works, superiors, and
3. To conduct various programs for increasing people’s capacity, 8. To execute other jobs planned specifically for engineers as the
4. To report writings of- nature and case be.
a. progress report,
b. feasibility report,
c. final report
d. monitoring and evaluation report etc.

General job description of engineers working in public sector………….. Private sector Practices
The general job description of gazetted second class engineers in Private sectors-
public sectors exercised by the Public service Commission as per • construction companies,
published in the Public service Commission – • consulting firms,
1. Planning, programming and execution of works, • private engineering colleges etc.
2. Research on technology, cases, various skills for upgrading ¾ In the open market system, there are thousands of private
3. Monitoring, and evaluation and supervision of projects, organizations in operations in various sectors.
4. Administrative activities, ¾ As engineers are the technical personnel who work for the
greater benefits of the public, entrepreneurs have used them in
5. Financial administrative activities producing larger quantities in economic investments.
¾ The private organizations working more efficiently than
government sectors under strict supervision and motivations.

Page 17 of 33
General Job description of engineers working in Private sectors Chapter 4: Contract Management
The following job description from the United Builders and company, an • Methods of work execution/contracting
A-class construction company in Nepal.
1. To coordinate works between stakeholders- clients, consulting and • Types of contracts
contractors • Tendering procedure
2. To layout works, to survey and to estimate,
• Contract agreement
3. To supervise, monitor, and control works,
4. To control quality, to assess and report to concerning authorities,
5. To prepare bills as a quantity surveyor,
6. To plan project and report progress,
7. To prepare technical report and prepare claims if any,
8. To conduct necessary training regarding site work and office
organizations system to new staffs,
9. To overall manage of construction project etc

Methods of work execution Contract


• Works can be executed either through Amanat or through • Contract is an agreement between two or more parties to do or not
Contract. to do any work,
• It is legal and time bound. Offer and acceptance must be there,
Amanat –
• It seeks a legal action if any party breached the agreement
• When the works are executed by the owner itself, by hiring
workers and supplying materials and equipment.
In construction, there are two types of contract-
• The record of labor employed each day and the part on which 1. Competitive bid contract, 2. Negotiated contract.
materials and equipment if any employed is maintained in book
keeping. The record will also indicate the progress of work also. [Link] bid contract: It is executed on the competitive bid basis.
It leads towards low contract price but with high quality works. it is
• It is useful when the work is small and necessary to do practiced two ways-
immediately, and the expertise are available within the a. Lump sum contract: In this contract, a single sum of money pays for
organization. It saves the cost required for making profit by the all parts of construction of a project. BOT, BOO and BOOT contracts
contractor. are some examples.

Page 18 of 33
Contract……….. Contract………..
b. Unit Price contract- Rates are quoted for each item of works. As [Link] + percent of cost:
the bill of quantity (BOQ) is presented in the bid document, the Profitable to the contractor, Possibility of increasing construction cost,
final amount is worked out by adding the amounts of each item of
work for comparison. 2. Cost + Fixed Rate:
2. Negotiated contract: If the owner wishes to assign the Possibility of delay in competition of the work, quality may be affected.
construction work to a reliable party through a dialogue, it is then 3. Cost + Fixed fee + profit sharing clause:
termed as Negotiated contract. The owner is free to select any Encourage the contractor to control cost on the work, owner need to
party. They are of the following types-
be aware of the quality of work,
1. Cost + percent of cost,
4. Cost + Sliding fee:
2. Cost + fixed fee, Contractor’s fee = R(2T-A), where, R = base percentage rate allocated to
3. Cost + Fixed fee + Profit sharing clause, and the contractor, T = target / estimated cost, and A = Actual cost of the
4. Cost + sliding fee. work.

Method of Procurement of Works Method of Procurement of Works………………….


• The methods of providing construction work to any reliable party is [Link] quotation: Any public work within 100,000 to 10,000,000 can
known as procurement of construction work. be executed by inviting sealed quotation from the registered firms
• Public Work Document (PWD) gives guidelines for procuring through local or national newspapers.
construction works under the following categories-
1. Sealed quotation, 2. Sealed bidding: BoQs are supplied by the owner and the potential
2. Sealed bidding, bidders need to fill in the rates and submit. The time of submission
3. Direct purchase (negotiation), depend upon the amount of the work- larger the amount longer the
4. Force account, time provided. The following are the types of sealed biddings-
5. Public bidding, a. National / Local competitive bidding (NCB/LCB),
6. User’s or Consumer’s committee. b. International competitive bidding (ICB), and
c. Limited international bidding (LIB)

Page 19 of 33
Method of Procurement of Works…………………. Method of Procurement of Works………………….
a. National / Local competitive bidding (NCB/LCB): c. Limited international bidding (LIB):
• Contractors are invited from within the nation or local. • When the works requires specialized or expertise to perform to
• It is exercised for the budget between Rs. 1 to 60 million. perform the work, LIB is practiced.
• Foreign bidders can only take part if they are joint with national • For complex industrial plants, for highly specialized equipment,
firms. emergencies reasons like in major disaster, it can be used.
• The PWD gives guideline under Standard Bid Documen
3. Direct purchase:
b. International competitive bidding (ICB): It is like negotiation and dealt previously.
• When domestic firms do not possess sufficient capability and
resources for large work, ICB procurement is practiced. 4. Force account:
• Prospective bidders are invited from eligible countries with When government agencies produce required goods, the public office
sufficient time given. Foreign and domestic firms are encouraged to need not go for bidding. It can procure direct from the production
bid jointly by making enough capabilities. office at government rate and it is known as Force Account. This
• ICB is used for more than Rs. 60million of works. account should not exceed NRS. 100,000.00

Method of Procurement of Works…………………. Quotation and Quotation notice


5. Public Bidding: It is done under the following conditions- Sufficient • When the contractors are asked to quote their rates of the
reasons not to complete in time, possibility of damaging to existing
construction work or supply of materials through in a sealed
infrastructures and loss to GON, and possibility of hindrances to local
persons, it need to be practiced. envelope, it is termed sealed quotation.
6. Users’ or consumers’ committee: It is used on small and labor intensive • Any public construction, repair, maintenance or improvement works
works where the objectives are as follows- costing more than NRs 100,000 but not exceeding NRs 1 million can
a. To provide employment and incomes directly to the persons living in that be carried out by inviting sealed quotation from eligible registered
work areas,
contractors.
b. To increase the utilization of local know-how, appropriate technologies
and materials, • Notice shall be published in a national or local news papers and
c. To handover the completed works for operation and maintenance displayed at public concerned offices.
directly by the persons utilizing the project. • Evaluations of the sealed quotations shall be exactly the same as for
It can be used for labor intensive works up to NRs. 6 million. If the works National competitive bidding (NCB).
requires equipment, the user’s committee can allocate the work to ‘D’ class
contractors.

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Quotation and Quotation notice………………. The notice should contain the following

The Invitation for Bids shall be issued as: • Name of the office inviting the quotation,
(a) an advertisement in at least one newspaper of national • Date of the first notice publication,
circulation in Nepal for two days; • Types of materials or work,
(b) an advertisement displayed on the Notice Board of the office • Types of bidders,
inviting the bids; and • Price of the quotation form and its deposit procedure,
(c) advertisement forwarded to the following offices for display on • Bid bond price,
their notice boards: - • Name and types of Financial institution for bid bond guarantee,
-District Administration Office • Date and time of the bid submission,
- District coordination Committee • Requirements of the work or materials,
-District Treasury Comptroller Office, • Any other information relevant to the invitees.
- Revenue office, • Quotation notices are available in National and local newspaper
-Offices of the contractors, if any, at the headquarters of a district

Tendering Procedure Tendering Procedure………………

• Tender documents should be prepared before inviting tenders. • After the tender documents have been approved by the authority,
• The format of tender should be as per Public Works Documents to while tendering for the works more than NRs 5,000,000.00, the
have uniformity. tender notice should be given twice in the national level news
• The tender document bought on one’s name shall not be paper.
transferred to another person or institution. So, the document • The office shall obtain the evidences of notifying the same from the
number and the person or the institution name should be offices such as DAO office, revenue office, DCC office, District
registered. treasury control office (DTCO) and office of the contractor
• The sale of the tender document and the submitted tender association.
documents should be maintained in separate books.
• At the end of the sale or submission of tender document, the chief
of the office must close and sign the register books.

Page 21 of 33
Tender Notice

The tender notice contains the following- Chapter 4: Contract Management


• Methods of tender submission, • Methods of work execution/contracting
• Tender submission office or authority,
• Amount of Bid bond, • Types of contracts
• Last date and time for submission the tender, • Tendering procedure
• Date for making decision on the tenders, • Contract agreement
• Estimated amount excluding contingencies and contractor’s profit,
• The place, date and time for the opening of the tenders,
• Period of bid bon, bid amount, and bank guarantee types,
• Description of the potential bidders, type, financial position,
technical experiences and capability,
• Any other related information to the tender

Methods of work execution Contract


• Works can be executed either through Amanat or through • Contract is an agreement between two or more parties to do or not
Contract. to do any work,
• It is legal and time bound. Offer and acceptance must be there,
Amanat –
• It seeks a legal action if any party breached the agreement
• When the works are executed by the owner itself, by hiring
workers and supplying materials and equipment.
In construction, there are two types of contract-
• The record of labor employed each day and the part on which 1. Competitive bid contract, 2. Negotiated contract.
materials and equipment if any employed is maintained in book
keeping. The record will also indicate the progress of work also. [Link] bid contract: It is executed on the competitive bid basis.
It leads towards low contract price but with high quality works. it is
• It is useful when the work is small and necessary to do practiced two ways-
immediately, and the expertise are available within the a. Lump sum contract: In this contract, a single sum of money pays for
organization. It saves the cost required for making profit by the all parts of construction of a project. BOT, BOO and BOOT contracts
contractor. are some examples.

Page 22 of 33
Contract……….. Method of Procurement of Works
b. Unit Price contract- Rates are quoted for each item of works. As • The methods of providing construction work to any reliable party is
the bill of quantity (BOQ) is presented in the bid document, the known as procurement of construction work.
final amount is worked out by adding the amounts of each item of • Public Work Directives(PWD) gives guidelines for procuring
work for comparison. construction works under the following categories-
2. Negotiated contract: If the owner wishes to assign the 1. Sealed quotation,
construction work to a reliable party through a dialogue, it is then 2. Sealed bidding,
termed as Negotiated contract. The owner is free to select any 3. Direct purchase (negotiation),
party. They are of the following types-
4. Force account
1. Cost + percent of cost, 5. User’s or Consumer’s committee.
2. Cost + fixed fee,
3. Cost + Fixed fee + Profit sharing clause, and

Method of Procurement of Works………………….

Method of Procurement of Works…………………. a. National / Local competitive bidding (NCB/LCB):


• Contractors are invited from within the nation or local.
[Link] quotation: Any public work within 20,00,000 can be executed • It is exercised for the budget between Rs. 1 to 60 million.
by inviting sealed quotation from the registered firms through local or • Foreign bidders can only take part if they are joint with national
national newspapers. firms.
• The PWD gives guideline under Standard Bid Documen
2. Sealed bidding: BoQs are supplied by the owner and the potential
bidders need to fill in the rates and submit. The time of submission b. International competitive bidding (ICB):
• When domestic firms do not possess sufficient capability and
depend upon the amount of the work- larger the amount longer the
resources for large work, ICB procurement is practiced.
time provided. The following are the types of sealed biddings- • Prospective bidders are invited from eligible countries with
a. National / Local competitive bidding (NCB/LCB), sufficient time given. Foreign and domestic firms are encouraged to
b. International competitive bidding (ICB), and bid jointly by making enough capabilities.
c. Limited international bidding (LIB) • ICB is used for more than Rs. 60million of works.

Page 23 of 33
Method of Procurement of Works…………………. Method of Procurement of Works………………….
c. Limited international bidding (LIB):
• When the works requires specialized or expertise to perform to 5. Users’ or consumers’ committee: It is used on small and labor
perform the work, LIB is practiced. intensive works where the objectives are as follows-
• For complex industrial plants, for highly specialized equipment, a. To provide employment and incomes directly to the persons living
emergencies reasons like in major disaster, it can be used.
in that work areas,
3. Direct purchase: b. To increase the utilization of local know-how, appropriate
It is like negotiation upto 5,00,000 technologies and materials,
c. To handover the completed works for operation and maintenance
4. Force account: directly by the persons utilizing the project.
When government agencies produce required goods, the public office It can be used for labor intensive works up to NRs. 6 million. If the
need not go for bidding. It can procure direct from the production works requires equipment, the user’s committee can allocate the work
office at government rate and it is known as Force Account. This to ‘D’ class contractors.
account should not exceed NRS. 100,000

Quotation and Quotation notice Quotation and Quotation notice……………….

• When the contractors are asked to quote their rates of the The Invitation for Bids shall be issued as:
construction work or supply of materials through in a sealed (a) an advertisement in at least one newspaper of national
envelope, it is termed sealed quotation. circulation in Nepal for two days;
• Any public construction, repair, maintenance or improvement works (b) an advertisement displayed on the Notice Board of the office
costing more than NRs 100,000 but not exceeding NRs 2 million can inviting the bids; and
be carried out by inviting sealed quotation from eligible registered (c) advertisement forwarded to the following offices for display on
contractors. their notice boards: -
• Notice shall be published in a national or local news papers and -District Administration Office
displayed at public concerned offices. - District coordination Committee
• Evaluations of the sealed quotations shall be exactly the same as for -District Treasury Comptroller Office,
National competitive bidding (NCB). - Revenue office,
-Offices of the contractors, if any, at the headquarters of a district

Page 24 of 33
The notice should contain the following Tendering Procedure

• Name of the office inviting the quotation, • Tender documents should be prepared before inviting tenders.
• Date of the first notice publication, , • The format of tender should be as per Public Works Directives to
• Types of bidders, have uniformity.
• Price of the quotation form and its deposit procedure, • The tender document bought on one’s name shall not be
• Bid bond price, transferred to another person or institution. So, the document
• Name and types of Financial institution for bid bond guarantee, number and the person or the institution name should be
• Date and time of the bid submission, registered.
• Requirements of the work or materials, • The sale of the tender document and the submitted tender
• Any other information relevant to the invitees. documents should be maintained in separate books.
• Quotation notices are available in National and local newspaper • At the end of the sale or submission of tender document, the chief
of the office must close and sign the register books.

Tendering Procedure……………… Tender Notice

• After the tender documents have been approved by the authority, The tender notice contains the following-
while tendering for the works more than NRs 50,00,000, the tender • Methods of tender submission,
notice should be given twice in the national level news paper. • Tender submission office or authority,
• The office shall obtain the evidences of notifying the same from the • Amount of Bid bond,
offices such as DAO office, revenue office, DCC office, District • Last date and time for submission the tender,
treasury control office (DTCO) and office of the contractor • Date for making decision on the tenders,
association. • Estimated amount excluding contingencies and contractor’s profit,
• The place, date and time for the opening of the tenders,
• Period of bid bond, bid amount, and bank guarantee types,
• Description of the potential bidders, type, financial position,
technical experiences and capability,
• Any other related information to the tender

Page 25 of 33
Tender Guarantee/Bid bond Tender Guarantee/Bid bond…………..

• It is required to initiate genuine bidders in contract processing. • The bid bond should be separate for each tender.
Genuine bidders mean the potential bidders that have submitted • The winning bid must have to submit another 2.5% for making 5%
the required and asked information true and real. of the total contract amount as performance bond.
• Any contractor found deceiving, shall have to loose its bid bond. • Those who have failed to win the contract shall be returned their
Forgery information or false documents submitted to the office, bid bond after the award of the contract to the wining one is made.
shall have to be forfeited its bid bond or bid guarantee.
• The bidder should submit in cash guarantee or bank guarantee
along with the tender. The bid bond is 2.5% of the total bid amount.
But while submitting the bid guarantee.
• It should be mentioned in the tender notice.

Tender Documents and its preparation Pre-qualification of contractors


• Tender document is the package for quoting rates of items of works under • Pre-qualification is carried out in advance of bidding to establish a
given terms and conditions that consists of contract conditions regarding list of capable firms to be invited to tender while ensuring that a
quality of works, execution, time span, and mode of payment and roles of
stakeholder. proper level of competition is safeguarded.
• It consists following documents- • In pre-qualification, the following are looked for-
1. Notice for invitation of tender - experience and past performance on similar contracts,
2. Tender form, and forms for bid security, - capabilities with respect to personnel,
3. Schedule of bill of quantities, tools and plants, - equipment and construction or maintenance facilities,
4. General conditions of contract,
5. Special conditions of contract, - financial position and
6. Technical specifications, - Litigation history
7. Forms of agreement, bank guarantee, performance security
forms, and Bank guarantee for advance payment,
8. Drawings.
9. Dispute resolution procedure

Page 26 of 33
Post-qualification of contractors Evaluation of Tender and selection of Contractor

• Bids are invited at large from one or more classes of contractors, The evaluation of tender / bid is done in the following four steps-
• It is carried out after bids are received as part of the bid evaluation 1: Preliminary examination of bids,
process. 2: Determination of substantial Responsiveness of Bids,
• Post qualification has the advantage of reducing the total 3: Detailed Evaluation of Bids
procurement time cutting out the pre-qualification steps. 4: Bid Evaluation Report

[Link] examination of bids: Its purpose is to see whether the


bids are not complete as instructed in the bidding documents. The
following are done -
• Verifications: Properly signed, bidder’s registration, JV agreement
and authorizations, stamps etc
• Eligibility: Bidders satisfy all eligibility criteria,

Evaluation of Tender…………………………. Evaluation of Tender…………………..

• Bid security: provided in the conformity with the instruction to b. Inability to meet critical work schedule clearly specified in the
bidders. bidding document,
• Completeness: Bids should offer all the items required in the c. Failure to comply with minimum experience or financial capability
drawings, specifications and bill of quantity. specified in the bid document,
• Qualification information should be provided. d. Bids containing conditions, which limits the bidders’ responsibility to
accept an award,
2. Determination of substantial Responsiveness of Bids: The purpose
is to reject those, which are substantially responsive to the major Technical reasons for rejecting bids are as follows-
commercial and technical requirements. a. Failure to bid for the required scope of works,
b. Failure to bid for each item in the BoQ,
Commercial reasons for rejecting bids are as follows- c. Failure to satisfy major requirements in the specifications
[Link] security and bid validity period are not in accordance with bidding
documents,

Page 27 of 33
Evaluation of Tender………………………… Evaluation of Tender…………………………

3. Detailed Evaluation of Bids: The detailed evaluation is based upon f. Adjustment: for performance or service factors if prescribed in the
the criteria as specified in the bid document. The following are bidding documents,
principal factors for evaluation- g. Price deviation: minor deviation is considered substantially
a. Correction of errors: As described in the bidding documents, all the responsive, provided that the evaluation assigns a monetary cost /
fill-ups should be as per instructions to bidders. penalty to the bid for the purpose of bid comparison,
b. Correction for Provision sum: Provisions sums are the same for all h. Domestic preference: Domestic preference should be provided as
bidders and hence such provisional sums should be excluded from described in the bidding document,
the bid comparison, i. Cross discounts: It may depend on the outcome of awards of other
c. Evaluation currency: Conversion to a common currency for contracts. The Bid Evaluation Committee shall seek the optimum
comparison should be as described in the bidding document, combination of awards on the basis of the least overall cost consistent
with the pre-qualification. The evaluation shall take account of all
above factors to determine the evaluated cost of each bid.

Evaluation of Tender………………………… continued………………..


(Formats from PWD- part III)
The basis for award of contract shall be the bidder with the lowest
Record of Bid Opening
evaluated substantially responsive bid subject to- Name of Project: Loan/Credit/Grant no:
1. Qualification,
Name of contract:…………………………… Contract identification no:……………………………………
2. Technical Responsiveness,
3. Comparison with cost Estimate,
4. Rate analysis. 1. The following Bids were received by the closing deadline on…..(date)……..at……………
(time)-hrs and were publicly opened and read at….(time)-hrs on the same date

Bid Evaluation Report: The bid evaluation committee shall prepare a S.N Bidders Name & address Bid security Total Bid Remarks Bidders/representatives
amount Amount signature
bid evaluation report, following the format contained in the Standard
Guide for Bid Evaluation in Part-III, and submit it to the project
manager or competent authority to further consideration and actions

Page 28 of 33
continued……………….. continued………………..

Contract agreement
• The office usually calls a meeting of concerned authorities to see and Chapter 6
discuss the recommendation,
• Globalization and cross cultural issues
• makes a decision to award the contract of work,
• writes a letter to the winner offering the contract work and asking for a • Public private partnership
letter of acceptance. • Safety, risk and benefit analysis
• asks the bidder to produce performance security bond also,
• Development and environment
• On a scheduled date, the bidder with a witness the chief of the office
with a witness sign the contract document, • Conflict and dispute management
• After the contract signs the bidder becomes the contractor and the
project manager employer.
• The PM issues a letter of instruction to start the work within stated days,
• The contractor inform the office the start date of the work with a
schedule of the work, which is mandatory after the approval of the PM

Page 29 of 33
Globalization Cross cultural issues
• Globalization is a process of interaction and integration among the • It deals with importance of cross-cultural issues is in relation to global
engineering ethics.
people, companies, and governments of different nations,
• Introduces the importance of cultural values within global engineering,
• A process driven by international trade and investment and aided by examining the nature of normative ethical relativism
information technology, • On this basis, the nature of values and their centrality to cross-cultural
contexts are explained, and the relation between values and ethics—the
• This process has effects on the environment, culture, political distinction between moral and non-moral values.
systems, economic development and prosperity, and human physical • Some issues-
well-being in societies around the world. 1. Time zone differences
2. Language and terminology differences
3. Religious and racial differences
4. Ethical issues
5. Political differences
6. Differences in business environment

Different models of PPP


Public private partnership 1. Design-Build (DB): The private-sector partner designs and builds the
infrastructure to meet the public-sector partner's specifications, often for a
¾A public–private partnership is a cooperative arrangement between fixed price. The private-sector partner assumes all risk.
two or more public and private sectors, typically of a long-term nature. 2. Operation & Maintenance Contract (O & M): The private-sector partner,
¾It is a funding model for a public infrastructure project such as a new under contract, operates a publicly-owned asset for a specific period of
telecommunications system, airport or power plant time. The public partner retains ownership of the assets.
¾However, the late 20th century and early 21st century have seen a 3. Design-Build-Finance-Operate (DBFO): The private-sector partner designs,
clear trend towards governments across the globe making greater use of finances and constructs a new infrastructure component and
various PPP arrangements. operates/maintains it under a long-term lease. The private-sector partner
transfers the infrastructure component to the public-sector partner when
¾PPP is a broad term that can be applied to anything from a simple, the lease is up.
short term management contract (with or without investment
requirements) to a long-term contract that includes funding, planning, 4. Build-Own-Operate (BOO): The private-sector partner finances, builds,
building, operation, maintenance and divestiture. owns and operates the infrastructure component in perpetuity. The public-
¾PPP arrangements are useful for large projects that require highly- sector partner's constraints are stated in the original agreement and
skilled workers and a significant cash outlay to get started. through on-going regulatory authority.

Page 30 of 33
Different models of PPP…………….. Safety, Risk and benefit analysis
6. Build-Own-Operate-Transfer (BOOT): The private-sector partner is granted Safety: Design of Engineering Systems to Reduce Risk to Acceptable
authorization to finance, design, build and operate an infrastructure component (and Levels
to charge user fees) for a specific period of time, after which ownership is transferred
back to the public-sector partner. • Develop inherently low-risk designs
7. Buy-Build-Operate (BBO): This publicly-owned asset is legally transferred to a • Incorporate redundancy in design
private-sector partner for a designated period of time.
• Design for failure modes that give warning before catastrophic
8. Build-lease-operate-transfer (BLOT): The private-sector partner designs, finances
and builds a facility on leased public land. The private-sector partner operates the failure (ductile structures)
facility for the duration of the land lease. When the lease expires, assets are • Design for appropriate Factor of Safety
transferred to the public-sector partner.
9. Operation License: The private-sector partner is granted a license or other
• Structural design philosophies...
expression of legal permission to operate a public service, usually for a specified term. - Allowable Stress Design
(This model is often used in IT projects.)
- Load Factor Design
10. Finance Only: The private-sector partner, usually a financial services company,
funds the infrastructure component and charges the public-sector partner interest for - Probabilistic design methods
use of the funds.

Safety, Risk and benefit analysis Risk Assessment


Definition of “risk” is: Step 1 - Risk or hazard identification
• Exposure to the chance of injury or loss Step 2 - What can happen under given circumstances, e.g dose response
• A hazardous or dangerous chance for a chemical pollutant
Step 3 - How likely is the event to happen, e.g. Exposure assessment for
a chemical pollutant
An Engineering Definition of Risk:
Step 4 - Risk Characterization – Health, family, career, financial ---
Risk= (probability of event) *(consequences) Estimate magnitude

Risk and Engineering


All engineering disciplines have their risks – some are common to all
• Health and safety risks
• Travel risks
• Liability risks

Page 31 of 33
Continue………… Development and environment
Risk Acceptance 'Development and environment are two sides of the same coin‘
•Voluntary versus involuntary risks
•Adequate protection of public health and safety Need to focus on:

•Unacceptable versus tolerable risks • Green growth and green economy


• Quality of growth
Acceptable Risk : It is the risk that is understood and agreed to by the • Urban development
program/project. • Management of Natural resources
−Each program/project is unique.
−Acceptable risk is a result of a knowledge-based review and decision process.
−Management and stakeholders must concur in the risk acceptance process.
−Effective communication is essential to the understanding of risk.
−Assessment of acceptable risk must be a continuing process

Conflict and dispute management Sources of Conflict


Levels of Conflict • Personal differences/Personality clash: When the ideas, values, culture and
customs of a person (or persons) are incompatible with other persons of an
• Intrapersonal conflict: conflict within self due to differences in goal, role, and
organization.
personal values
• Interpersonal conflict: between two or more persons; can be due to differences in • Goal and role incompatibility: When the ideas, values, culture and customs of a
goal, role, values, culture, communication gap person (or persons) are incompatible with the goal of an organization or assigned role
of the person in the organization.
• Intergroup conflict: between two or more groups of people
• Organizational climate and change: When the work environment and rules of an
• Inter-organizational conflict: between two or more organizations organization are unpredictable, and when the rules or managers or owner of the
• International Conflict organization suddenly changes.
• Gender and other social differences: When the work environment and rules are
designed to favor employees from a particular socio-cultural background or particular
gender.
• Availability and access to resources: When the availability of resources becomes too
limited and/or unevenly distributed. When access to resources is uneven.
• Communication gap: When there is communication gap between organization and
its employees.

Page 32 of 33
Conflict resolution methods Dispute resolution methods
1. Avoidance: avoid conflict, ignore conflict, “time will heal” Adjudication:
2. Diffusion: distraction and defuse into multiple sectors The adjudication is “a quick and relatively inexpensive way of resolving a
3. Containment: conflict contained within certain people, and resolved dispute, whereby an impartial third party adjudicator decides the issues
through discussion and bargaining between the parties”.
4. Confrontation: conflict brought in front of all concerned, conflict resolution Characteristics of adjudication:
through open dialogue, face-to-face meeting, open bargaining, and resorting • It is a mechanism of dispute resolution.
to legal process, if needed.
5. Conciliation: Mutually agreed terms and conditions, “give and take”
• An independent third party, called adjudicator, awards the decision
approach, without direct involvement of outsiders (mediator), even though the • Quicker and inexpensive mechanism of dispute resolution, compared
mediator assists in bringing the parties together. to arbitration and litigation, normally taking less than 30 days
6. Mediation: similar to conciliation, but with direct involvement of outsiders • The Public Works Directive (PPD) and the Public Procurement Act (PPA
(mediator). 2063) have provisions for dispute resolution through adjudication.
7. Arbitration: Resolution through certified professional arbitrator.
8. Litigation: Resolution through court, as per prevailing laws and rules.

Arbitration
Arbitration is a formal mechanism of dispute resolution conducted outside a court.
Advantages of arbitration over litigation:
• It is a private alternative to formal court procedure.
• The arbitrators are normally technical experts
• Less time consuming THANK YOU !!!
• Less expensive
• No public hearing, so low publicity (which is normally preferred by the parties)
• Less formal, hence more convenient to the parties of dispute
• The PPA 2063 has recognized arbitration as a means of dispute resolution. The
Arbitration Act 2038 governs the arbitration process in Nepal. The Nepal Arbitration
Council 1991 has been providing arbitration services in Nepal. However, in Nepal, most
of the disputes go to court, or settled out of court through mutual consent, even after
arbitration, by ignoring the arbitrators’ decisions..

Page 33 of 33

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