Engineering Professional Practice
Chapter 1
History of Engineering Practices
1.1 Man and Society
Man
Man is one of the most intelligent creature among the countless creatures in the world.
Man uses mind to solve the problem, makes the environment friendly and achieves
benefit that’s why different from other animals
Usually lives in group, i.e. family (a crucial instrument for the development of
personality).
A child in a society absorbs its values and behavior, way of thought, language after
certain values and orientation in the family.
Society
A society is a stable institution, a formal association of people having similar
interest.
Sharing common territory, common rules and regulation, common belief
and culture.
Elements of society
Plurality (gender, age, religion, belief, income, wealth, caste)
Interdependence
Cooperation
Mutual understanding, interaction, awareness
Dynamic
Likeness
Culture (Traditions, values, activities)
Stability
Characteristics of society
Consists of people
Mutual interaction and understanding
Coordination, cooperation and division of labors
Interdependence
Differences
Dynamics
Social control (tradition/law)
Uniqueness on culture
Theories of origin of society
1. Devine origin theory
Society is creation of god
Structure and activity of society is will of god
God is guiding and human being is doing acting only
2. Social contact theory
Human being plans society.
It is ends of mutual agreement of individuals.
Assumes all human beings are born free, equal in dignity and right.
3. Evolutionary theory
It is result of gradual evolution.
By continuous development
1.2 Technology and Society
Technology
Systematic knowledge which facilitates to the use of machines and
tools
Transfers knowledge into skills
Practical application of knowledge that brings changes in society
Facilitates societies to easier/comfortable lives
Changes life style with its application (internet, mobile phone,
computers)
Role of Engineers
Engineers are those persons who use the technology practically, key roles of engineers
for development are as follows:
Creating vision
Thinking of beneficial and useful product/object for people by utilizing the
properties
of different matter and sources of power.
Preparing mission
Make plan, prepare economically for use of large number of people for their
safety
and protection.
Execution
Assigned the job or activities that requires engineering knowledge and skills for
implementation of vision and mission.
Monitoring and evaluation
To make accurate, timely, maintain the quality and economy, do monitor,
supervise and evaluate
Train
Train new engineers to make professionals, practically, technically and
professionally.
Upgrade Profession
Innovate, systematize and make facilities for the society/people by keeping up
the dignity and ethical values of engineers.
Social change
The change in social processes, interactions, mutual activities and relationship
on society due to dynamic behavior of people, over a particular period. These are of
basically of two types:
Exogenous change
Caused by external agencies e.g. Colonization, war or settlement.
Highly unpredictable.
May cause social inequilibrium.
Endogenous change
Caused by internal agencies e.g. Invention, mutual concern
Predictable
Factors causing social change
Social movement
Cultural factors
Technological factors
Demographic factors
Environmental factors
Education factors
Political change
Theories of social change
1 Socio-cultural evolution theory
Society develops gradually from simple to complex.
Simple society- lager society – industrial society- modern world.
2 Functionalist theory.
Emphasized on social orders
Focus to maintain social equilibrium for stability
3 Conflict theory
Inequality between people on power, wealth and prestige.
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
1.3 History of Engineering Practice in Eastern society
1. During 5000 BC, civilization developed near Yanshao, where people roamed seeking
new soil for agriculture. People used earthen pottery and stone tools.
2. During 4000 BC, early Chinese communities planned cities according to grid pattern
with intersecting streets at right angles to each other.
3. During 3300 – 3200 BC, Egyptians first developed a system of Division of Labor in
closed societies in Sumar and Egypt, particularly among merchants and metalworkers.
4. During 3500 –3000 BC, in Sumeria, the appearance of towns and cities coincide with
the production and distribution of goods through trades.
5. In 132 AD, Chinese philosopher Chang Heng invented a seismoscope.
6. In 510 AD, China‘s Grand Canal (Shan –Yang) in southern China was built
connecting Yangtze (Chang-Jiang) and Huang –He (yellow river), which played a
lifeline for North China providing a transportation route for grains and commodities.
7. During 704 AD, the Buddhist Text “Dharani Sutra” was printed in Korea during 704
– 751 AD, using block printing technique. It is the oldest existing printed book.
8. In 805 AD, the forerunners of Gun were invented, which was called “fire lance”
9. In 1040 AD, Chinese writer Tseng Kung – Liang published the first known 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.
10. In 1045 – 1048 AD, Pi – Sang invented movable type for printing. Printing with
movable type was developed in Europe in mid15th century.
11. In 1250 AD, true guns with a gunpowder chamber and strengthening explosion
chamber to prevent splitting appeared in china. In less than a century, guns reached in
Europe and changed the characters of medieval warfare.
12. In 1805 AD, the first Surgery equipment was performed in Japan.
13. The Iranians built many bridges, however of which some survive from the time of
Shapur –I (300AD).
14. In 400 AD, the Sassaid kings built a great palace at Ctesiphon, which was a capital on
Tigris, north east of deserted Babylon and downstream from the village of Baghdad.
Part of this palace still stands, including most of the vaulted dining hall “the widest
single span vault of unreinforced brick work in the world.” The vault is 77 feet wide
at the base and 112 feet high.
15. In 515 BC, Persian building method with stone instead of wood was introduced into
India.
1.4 History of Engineering Practice in Western society
1 In 3000 – 1000 BC, Stonehenge – a monument consisting of concentric circles of
stone oriented towards the Sun position on the summer solstice in England.
2 In 300BC – 100 AD, agriculture and power appeared in ancient Mesoamerica.
3 In 250 – 900 AD, Maya created and maintained a sophisticated pair of interlocking
Calendar to help them plan ceremonies.
4 In 1268 AD, English scientist and philosopher Roger bacon records a statement about
using lenses to improve vision with eyeglasses. At the end of 13th century, many
wealthy and elite people in Europe, Asia, and Africa wear glasses.
5 In 1487 AD, Aztee ruler Ahuitzotl dedicated the new Tempo Mayor (great temple), an
enormous double pyramid in Tenochtitlan to the warrior God of the Sun.
6 In 1673 AD, English mathematician, John Hadlley and American inventor Thomas
Godfery independently invented the Sextant, an optical instrument to measure angular
distance between any two objects.
7 In 1747 –1752 AD, American scientist Benjamin Franklin theorized
that lightning is a form of electricity.
8 In 1780 AD, Scottish inventor James Watt and English manufacturer
Matthew Boulton began manufacturing a steam engine for industrial
use.
9 In 1793 AD, American Eli Whitney invented the cotton gin, a device
that rapidly and efficiently removes seeds from cotton fiber.
10 In 1807 AD, American inventor and engineer Robert Fulton inaugurated a new era
of power driven navigation as a steamboat.
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 to Charles-II for rebuilding the burnt city before the ashes cool down.
12 In 1548 – 1620, Simon Stevin discovered the triangle of forces in Netherlands, which
helped to calculate the actual load on the members of cranes, trusses and other
structures.
13 Stevin‘s younger contemporary Galileo Galilel in 1564 – 1642 AD, solved the
problem of accelerated movement and began the analysis of stresses in beams.
14 Technical men organized the society of Lynxes, to which Galileo belonged. The first
research institute was found in 1560 AD.
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
France in 1750s AD to round off his technical education, called himself ‘Civil
engineer’ meaning non-military engineer.
1.5 Engineering Practices in Nepal
Following are some government line agencies, corporation and companies where
engineering graduates can practice engineering profession:
Line ministries, OPMCM and OCMCM.
District coordination committee
Metropolitan cities, sub-metropolitan cities, municipalities and rural municipalities
Nepal telecommunication company LTD
Nepal airlines corporation
Nepal industrial development corporation
Government, private banks and cooperatives
Nepal electricity authority
Metropolitan cities, sub-metropolitan cities, municipalities and rural municipalities
University grant commission and many more.
Chapter 2
Profession and Ethics
2.1 Profession: Definition and Characterisctics
A paid occupation, especially one that involves prolonged training
and a formal qualification.
Having a systematic knowledge through specialized training or
education.
Occupation, career.
something a little more than a job
Professionalism
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.
Characteristics of Professional
A professional acquires a systematic knowledge and skill.
A professional exercises the knowledge and enhance skill ethically as an expert,
occupational or professional.
The service or work as an expertise of a professional is evaluated by the public.
Professionals follow code of conducts to keep moral of the profession high.
Professionals have their own cultures.
2.2 Professional Institutions
Formed by professionals.
Registered in the government office.
It forms rule and regulations to maintain high level of ethics.
Public beneficial rules and regulations can be easily implemented through it.
Example: Nepal engineering Council, Medical council, Nursing council and Nepal bar
council etc.
In Nepal, The Engineering Council Rules 2057 came into existence under the Engineering
Council Act 2055, Section 37. The rules was initiated for making engineering profession
effective and impressive in Nepal.
It has the following main objectives to start with:
To make engineering profession more effective,
To regulate systematically and scientifically the engineering profession in Nepal.
To register engineers in the Engineering Council according to their qualifications.
The Council categorizes the engineers as under according to
Section 2 of the Engineering Council Act-
• General registered engineers,
• Professional engineers, and
• Non-Nepalese registered engineers
Section 3 of the Engineering Council Act 2055 states that –
The educational institutions, organizations or any academy which intend to offer Bachelor,
master or any Postgraduate engineering degree will be first needed recommendation of the
council before approval by the government of Nepal.
Section 4 of the Engineering Council Act 2055 describes a set professional moral and
professional conducts for all registered Engineers are as follows:
Honesty and discipline
Loyalty and morals
Impartiality
Perform professional related jobs only
Never do anything that brings low morale in Engg Profession.
Personal responsibility
Name, rank and registered number
Do not publish statements to make unnecessary influence
Section 5 of the Act states an examining committee of 3 members formed under the
coordination of a council member shall examine any complaint registered against any
engineer in the council.
The committee, in its procedure, may suspend the engineer not to make further mistakes. The
engineer that has complained of doing misconduct or immoral conduct should be given an
opportunity to clarify of his / her conduct before the committee.
The committee will produce its recommendation to the executive board of the council for
making decision whether the engineer should be removed or reinstated in the registration
book from suspension.
System of Provision for private practice and for employee engineers
The Nepal Engineering Council Act 2055, Section 3 states that –‘No engineer should practice
engineering profession without being registered in the Council even if graduated from the
institute recognized by the council.
1. Apply for registration:
In the prescribed format of the council, a person wishing to apply for his name
to be registered should apply.
Those who have been practicing engineering profession before the coming of
the Engineering council should apply in the prescribed format within six
month from the implementation of the Engineering Council Act.
Those wishing to apply according to a or b above need to submit certificates,
awards and other papers relating to academic qualification along with
specified registration fees,
2. Checking of the application: The Registrar of the Council will check
all the papers submitted along with application and then submit to the
subject committee of the council.
3. Checking on the application and recommendation:
The subject committee will make necessary checking on the application submitted
by the Registrar.
Anything unclear realized by the committee will be made clear by asking to
submit necessary papers and certificates.
Any necessary paper demanded by the committee and to submit the same by the
applicant is applicant’s responsibility.
If the committee finds qualified for registration after checking according to a, b
and c above, the committee will recommend to the council for registration.
4. Register the Name: The council shall decide to register the name of the applicant in
the format of Registration Book prepared by the council, if the
council finds the recommended name right for registration in the
council.
5. Certify the Registration of the name:
After the decision made for registration by the council, the Registrar will register the
name in the registration Book and provide a Certificate of Registration of the Name in
a specified format.
6. Inform if the decision is made not to register the name:
If the council decides not to register the name of the applicant showing any reason,
the Registrar will inform the applicant in writing.
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-
Mentally ill,
Bankrupt in case being unable to pay loans back,
Violated the specified professional conducts and reported to the
council to remove the name from the Register Book and if decided by
two third majority.
If the court proved the engineer guilty in public case on moral
ground.
By mistake or mischief if anybody without basic qualification
has been registered.
b) The council shall form a committee to make recommendation on the case by
examining the engineer that is reported blamed and removal his name from the
Register Book.
c) The procedure that the examining committee has to follow in checking the
case will be as per specified.
8. Cancellation of the Certificate:
If the council decides to remove the name of the registered engineer from the Register
Book, the Registrar will inform the engineer by removing the name from the Register
Book and canceling the certificate of the engineer.
If the name of an engineer is removed from the Register Book as per decision
made by the council, and if the engineer wishes to re-apply for registration and
s/he can apply in a prescribed format at least after a year showing reasonable
causes.
If the council decides to re-register the name, it can reregister
the name of the applicant again.
2.3 Relation of an Engineer with Client, Contractor and Fellow Engineers
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.
A construction team is generally comprises of the following
parties of 3Cs.
Owner or Client
This party approves the concept of construction, pays the bills of construction works and
utilizes the facilities. Its roles are-
Pays the bills of the work performed.
Decides and approves changes if any in the project,
Approves the quality of materials and construction,
Fixes the project times,
Instructs the consultant for quality correction,
Decides the start up date and owns the returns from the services or facility
Consultants
The client hires the consultant to perform engineering works for his side. Whatever
engineering decisions are taken, consultant is responsible first and then to convey to the
owner for final approval. Its roles are-
Design and plans the facility for the owner,
Control the quality of work for the construction,
Approves the technical aspects,
Instruct the contractor for any change,
Recommend the bills for payment to the owner.
Contractors
The contractor is bound to carry out construction work as per directions and instruction of the
consultant. The contractor has
the following roles-
Constructs the facility as per design and drawings,
Obeys the changes instructed by the consultant in written on behalf of the owner,
Prepares bills of his work and submits to the consultant for the recommendation to the
owner for payments,
Improves and rectifies the defects,
Clears taxes and prepares bills for the finals etc.
2.4 Ethics, Code of Ethics and Engineering Ethics
Ethics
It is a system of belief that supports the view of morality. Morality
concerns with the principle of voluntary behaviors of what is good
and bad, right of wrong.
The ethics as normative science that contain norms to be followed by professionals as
a professional conduct, needs Codes of ethics and guidelines as norms to maintain
high level standard of good behavior.
Code of Ethics
A written set of guidelines issued by an organization to its workers and management
to help them conduct their actions in accordance with its primary values and ethical
standards.
Engineering Ethics
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.
Five fundamental ethical values for code of ethics
Protection of life and safeguarding people
Sustainable management and care for the environment
Community well being
Professionalism, integrity and competence
Sustaining engineering knowledge
Factors affecting ethical and unethical behavior
Individual characteristics(values, strength)
Structure of organization
Organizational culture
Stage of moral development
Issue intensity
2.5 Moral Dilemma and Ethical Decision Making
A moral dilemma is a conflict in which you have to choose between two or more
actions and have moral reasons for choosing each action.
As engineers are the people who work for the benefits of mankind by exploiting the
properties of matter and sources of power, they can come across moral dilemma in
various stages of works while making decisions.
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. They start then influencing the
engineers and the conscience of engineers’ come across moral dilemmas.
A moral dilemma is a conflict in which you have to choose between two or more
actions and have moral reasons for choosing each action.
As engineers are the people who work for the benefits of mankind by exploiting the
properties of matter and sources of power, they can come across moral dilemma in
various stages of works while making decisions.
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. They start then influencing the
engineers and the conscience of engineers’ come across moral dilemmas.
2.6 Detailed Duties of an Engineer and Architect
Engineer/Architect are the persons at the construction site to
interpret the design and drawing, condition of contract and
change them into reality.
Architect / Engineer is supposed to be fair to all stakeholders.
The responsibility of site engineer can also be described accordingly
a. Quality concerns,
To accurately lay out the designs and drawings,
To control the quality of work,
To verity the quality of materials,
To identify the essential variation and its causes, cost, alternatives and
approval from the authority,
To examine the storage or stock of materials at site,
To interpret the terms and conditions of contract to all involved parties when
necessary,
To approve source of materials,
To collect test certificates of the materials,
To approve the method of construction that comply the statement in the
specification
b. Time and Progress concerns
To ask to submit programs of order, delivery, test and samples of materials,
To verify the progress with the programs submitted and approved,
To control variations orders controlling time & progress,
To calculate the speed of work within the time available for the completion of the
work based on the available resources at site with the contractor and notify
accordingly,
To give instruction to speed up the works to meet target,
To timely certify the bills that was submitted for payment.
To make quick & right decision not to delay work.
To check the works, materials, sample or equipment when and where asked to do
so at site.
To hold meeting with the contractor and technicians for quality and timely
construction as per plans
c. Cost concerns
To minimize variations orders as far as possible,
To ensure that the compensatory events occur minimum and to minimize changes,
To control quantity so that their quantities do not exceed given in BoQ,
To make payment in time.
To reduce disputes to enhance works and t maintaining cost level,
To check bills and produce to the authority to make timely payment
To find defects and to instruct the contractor to correct them as soon as possible
To keep records of all issued instructions, inquiries, or letters received from
authorities so that they can be produced when and where needed to resolve
disputes
2.7 Liability and Negligence
Liability
Liability is a troublesome responsibility having legal binding or an obligation.
In engineering engineers while performing their duties, may create. Liabilities occur
because of negligence in performance.
The liabilities that most engineers face are tort liability.
There is an organizational liability, which is understood as vicarious liability.
Tort liability
Negligence that harm unrelated person or property and seek compensation. A “tort” is an
injury to another person or to property, which can be compensated under the law. To give rise
to a legal claim in tort, an act must satisfy four elements as follows-
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.
Vicarious Liability
Vicarious liability means that employers such as hospitals are responsible for the acts
of their employees if the acts are within the scope of employment.
An employer is responsible for the acts of his /her employee as long as the
employee’s acts are within the persons’ job description.
Chapter 3
Professional Practices in Nepal
3.1 Public Sector Practices
Public sectors are understood the organizations that are run by the budget sanctioned
by the government.
The organizations in which qualified people can compete for participation are public
organizations.
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.
3.2 Private Sector Practices
construction companies,
consulting firms,
private engineering colleges etc.
In the open market system, there are thousands of private organizations in operations in
various sectors. As engineers are the technical personnel who work for the greater
benefits of the public, entrepreneurs have used them in producing larger quantities in
economic investments. The private organizations working more efficiently than
government sectors under strict supervision and motivations.
3.3 General Job Descriptions of Fresh Graduates in both Public and Private Sector
3.3.1 Public Sector
The following job description is for the fresh or newly entering engineers on the
Gazetted third class positions, abstracted from the office of Rural Infrastructure
development Project (RIDP), HMG/Nepal-
1. To perform preliminary and detail survey, design and estimate,
2. To execute and assign for execution of project works,
3. To conduct various programs for increasing people’s capacity,
4. To report writings of
a. Progress report,
b. Feasibility report,
c. Final report
d. Monitoring and evaluation report etc.
5. To monitor and evaluate ongoing projects,
6. To facilitate donor agencies is involved,
7. To execute and perform works and jobs assigned by immediate superiors, and
8. To execute other jobs planned specifically for engineers as the nature and case be.
The general job description of gazetted second class engineers in public sectors exercised by
the Public service Commission as per published in the Public service Commission –
1. Planning, programming and execution of works,
2. Research on technology, cases, various skills for upgrading
3. Monitoring, and evaluation and supervision of projects,
4. Administrative activities,
5. Financial administrative activities
3.3.2 Private Sector
The following job description from the United Builders and company, an A-class
construction company in Nepal.
1. To coordinate works between stakeholders- clients, consulting and contractors
2. To layout works, to survey and to estimate,
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.
Chapter 4
Contract Management
4.1 Methods of Work Execution/Contracting
Works can be executed either through Amanat or through Contract.
Amanat
When the works are executed by the owner itself, by hiring workers and
supplying materials and equipment.
The record of labor employed each day and the part on which materials and
equipment if any employed is maintained in book keeping. The record will also
indicate the progress of work also.
It is useful when the work is small and necessary to do immediately, and the
expertise are available within the organization. It saves the cost required for
making profit by the contractor.
Contract
Contract is an agreement between two or more parties to do or not to do any work,
It is legal and time bound. Offer and acceptance must be there,
It seeks a legal action if any party breached the agreement.
4.2 Types of Contracts
1. Competitive bid contract: It is executed on the competitive bid basis. It leads
towards low contract price but with high quality works. it is practiced two ways
a. Lump sum contract: In this contract, a single sum of money pays for all
parts of construction of a project. BOT, BOO and BOOT contracts are
some examples.
b. Unit Price contract: Rates are quoted for each item of works. As
the bill of quantity (BOQ) is presented in the bid document, the
final amount is worked out by adding the amounts of each item of
work for comparison.
2. Negotiated contract: If the owner wishes to assign the
construction work to a reliable party through a dialogue, it is then
termed as Negotiated contract. The owner is free to select any
party. They are of the following types-
Cost + percent of cost,
Cost + fixed fee,
Cost + Fixed fee + Profit sharing clause, and
Method of Procurement of Works
The methods of providing construction work to any reliable party is known as
procurement of construction work.
Public Work Directives(PWD) gives guidelines for procuring construction works
under the following categories:
1. Sealed quotation: Any public work within 20,00,000 can be executed by inviting
sealed quotation from the registered firms through local or national newspapers
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 depend upon the amount of the
work larger the amount longer the time provided. The following are the types of
sealed biddings:
a. National / Local competitive bidding (NCB/LCB),
Contractors are invited from within the nation or local.
It is exercised for the budget between Rs. 1 to 60 million.
Foreign bidders can only take part if they are joint with national firms.
The PWD gives guideline under Standard Bid Document
b. International competitive bidding (ICB):
When domestic firms do not possess sufficient capability and
resources for large work, ICB procurement is practiced.
Prospective bidders are invited from eligible countries with
sufficient time given. Foreign and domestic firms are encouraged to
bid jointly by making enough capabilities.
ICB is used for more than Rs. 60million of works.
c. Limited international bidding (LIB):
When the works requires specialized or expertise to perform to
perform the work, LIB is practiced.
For complex industrial plants, for highly specialized equipment,
emergencies reasons like in major disaster, it can be used.
3. Direct purchase:
It is like negotiation upto 5,00,000
4. Force account:
When government agencies produce required goods, the public office need not go
for bidding. It can procure direct from the production office at government rate
and it is known as Force Account. This account should not exceed NRS. 100,000.
5. Users’ or consumers’ committee:
It is used on small and labor intensive works where the objectives are as follows
To provide employment and incomes directly to the persons living in
that work areas,
To increase the utilization of local know-how, appropriate technologies
and materials,
To handover the completed works for operation and maintenance
directly by the persons utilizing the project.
It can be used for labor intensive works up to NRs. 6 million. If the
works requires equipment, the user’s committee can allocate the work
to ‘D’ class contractors.
4.3 Tendering Procedure
Tender documents should be prepared before inviting tenders.
The format of tender should be as per Public Works Directives to have
uniformity.
The tender document bought on one’s name shall not be transferred to
another person or institution. So, the document number and the person or the
institution name should be registered.
The sale of the tender document and the submitted tender 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.
After the tender documents have been approved by the authority, while
tendering for the works more than NRs 50,00,000, the tender notice should
be given twice in the national level news paper.
The office shall obtain the evidences of notifying the same from the offices
such as DAO office, revenue office, DCC office, District treasury control
office (DTCO) and office of the contractor association.
Tender Guarantee/Bid bond
It is required to initiate genuine bidders in contract processing. Genuine
bidders mean the potential bidders that have submitted the required and asked
information true and real.
Any contractor found deceiving, shall have to loose its bid bond. Forgery
information or false documents submitted to the office, 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.
The bid bond should be separate for each tender.
The winning bid must have to submit another 2.5% for making 5% of the total
contract amount as performance bond.
Those who have failed to win the contract shall be returned their bid bond
after the award of the contract to the wining one is made.
Tender Documents and its preparation
Tender document is the package for quoting rates of items of works under
given terms and conditions that consists of contract conditions regarding
quality of works, execution, time span, and mode of payment and roles of
stakeholder.
It consists following documents
1. Notice for invitation of tender
2. Tender form, and forms for bid security,
3. Schedule of bill of quantities, tools and plants,
4. General conditions of contract,
5. Special conditions of contract,
6. Technical specifications,
7. Forms of agreement, bank guarantee, performance security forms, and
Bank guarantee for advance payment,
8. Drawings.
9. Dispute resolution procedure
Pre-qualification of contractors
Pre-qualification is carried out in advance of bidding to establish a list of
capable firms to be invited to tender while ensuring that a proper level of
competition is safeguarded.
In pre-qualification, the following are looked for-
- experience and past performance on similar contracts,
- capabilities with respect to personnel,
- equipment and construction or maintenance facilities,
- financial position and
- Litigation history
Evaluation of Tender and selection of Contractor
Preliminary examination of bids: Its purpose is to see whether the bids are not
complete as instructed in the bidding documents.
Determination of substantial Responsiveness of Bids: The purpose
is to reject those, which are substantially responsive to the major
commercial and technical requirements.
Detailed Evaluation of Bids: The detailed evaluation is based upon
the criteria as specified in the bid document.
Bid Evaluation Report: The bid evaluation committee shall prepare a 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
4.4 Contract Agreement
The office usually calls a meeting of concerned authorities to see and discuss the
recommendation,
makes a decision to award the contract of work,
writes a letter to the winner offering the contract work and asking for a letter of
acceptance.
asks the bidder to produce performance security bond also,
On a scheduled date, the bidder with a witness the chief of the office with a
witness sign the contract document,
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.
Chapter 5
Regulatory Environment
5.1 Nepal Engineering Council Act
Engineer Licensing Process
Registration of engineers is done in one three categories
General Engineers (Category A): Requires Bachelors degree in
Engineering
Professional Engineer (Category B): Requires Master degree in approved
Engineering field
Foreign Engineer (Category C): For non Nepali Engineers willing to work
in Nepal, requires Bachelors degree in Engineering along with minimum
experience of 10 years.
5.2 Labor Law
The Labor Act, 2074 has received the assent of president and become effective
from the date Bhadra 19, 2074.
The New Labor Act has been passed for provisions for the rights, interest,
facilities and safety of workers and employees working in enterprises of
various sectors.
The New Labor Act has passed by the Parliament according to
sec 296(1) of the Constitution of Nepal.
HIRING
Sect 10 of the New Labor act has provided the flexibility in the modes of hiring as per
the requirements of the entity:
Regular Employment
Work Based Employment: for completion of certain work or rendering certain
service.
Time Bound Employment: employment for certain time period determined.
Casual Employment: employment for seven or less days in a month.
Part time Employment: employment for 35 or less hours in a week.
INTERN (Sec 16 & 17 )
The new labor act has introduced the concept of intern according to which any
person may be allowed to work as intern pursuant to the approved syllabus of
any educational institution.
They shall be deemed regular employee if engaged in works other than as per
their syllabus.
There was no any provision in the previous act related to intern and
the modes of hiring
PROHIBITION OF ENGAGING NON-NEPALESE PEOPLE AT WORK
The New Labor Act continues the general terms of hiring of foreign nationals
by a local entity that the foreign nationals can only be hired if the Nepalese
citizen could not be available for any skilled technical post even after
publishing an advertisement in the national level public newspapers and
journals.
HIRING FOREIGN NATIONALS
Foreign nationals need to obtain the work permit for being engaged in the work in
Nepal as per sec 22 and 23 of the Labor Act, 2074 except in the following conditions:
Foreign nationals who are provided diplomatic immunity.
Arrangement as per treaty or agreement with the Government of Nepal.
SAFETY AND HEALTH AGREEMENT
Where 20 or more employees are engaged, employer shall constitute a Safety
and Health Committee as per sec 74 of the New Labor Act.
Where 10 or more employees are engaged in the entity, employer shall also
constitute the Collective Bargaining Committee as per sec 116 of the New
Labor Act.
WORKING HOURS
Working hours continue to be 8 hours a day and 48 hours a week as per
section 28 of Labor Act, 2074.
The over time wages is also continued to be one and half time of his/her
ordinary rate of wages as per sec31 of Labor Act,2074
As per sec 30 of the new act, the maximum overtime has been increased to 24
hours a week
LEAVE AND HOLIDAYS
Nature of Leave
Weekly Holiday 1 day every week
13 days including May day. Additional 1 day to female employees
Public Holiday
including Intl Women Labor Day.
Annual Leave 1 day for every 20 worked days.
– Half paid up to 15 days.
Sick Leave
– Eligibility : Completion of 1 year of service
Mourning Leave 13 days
Leave in lieu For the labors put in work on public holiday or weekly off
Maternity Leave 98 days. Fully paid up to 60 days.
Paternity Leave 15 days. Fully Paid
Special Leave No provision
5.3 Intellectual Property Right
Intellectual Property are original creative works that have economic
value and are protected by law.
Intellectual property laws reward the creators of original works by preventing
others from copying, performing, or distributing those works without
permission.
Nearly all nations have laws protecting intellectual property.
The principal types of intellectual property are-
Patent law protects inventions that demonstrate technological progress.
Copyright law protects a variety of literary and artistic works,
including paintings, sculpture, prose, poetry, plays, musical
compositions, dances, photographs, motion pictures, radio and
television programs, sound recordings, and computer software
programs.
Trademark law protects words and symbols that serve to identify
different brands of goods and services in the marketplace.
5.4 Building Codes and Bylaws
A Building Code Development Project was launched in 1992.
The objectives of the project:
Development of regulations and design the documents for use by the
planners and engineers
To improve the seismic safety aspects of the buildings and to suggest
safer building design and construction practices to be
introduced/enforced gradually in Nepal.
Four distinct levels of good building practices considered in the code
were:
1. International State of Art
The minimum standards set for Nepal are also met the philosophies and
analytical techniques that appear in the codes of more developed countries
2. Professionally Engineered design
These are the standard code requirements that all professionally qualified
engineers will recognize and follow when designing structures in Nepal. It
covers all major structures such as hospitals, factories, multi-storey buildings
and larger residential buildings.
3. Mandatory Rules of Thumb
Criteria as height, configuration, number of storeys and floor area, rules of
thumb are provided.
4. Guidelines for Non-Engineered Construction
Provides simple rules for improving seismic safety of buildings
Mandatory for all types of public buildings to be built throughout Nepal
Mandatory for all residential buildings to be built in municipal and urban
areas where a building permit process exists.
Advisory for residential buildings in rural areas.
5.4.1 Building codes of Nepal
NBC 208 :SANITARY AND PLUMBING DESIGN REQUIREMENTS
NBC 207 : ELECTRICAL DESIGN REQUIREMENTS for (PUBLIC BUILDINGS)
NBC 206 :ARCHITECTURAL DESIGN REQUIREMENTS
NBC 205: MANDATORY RULES OF THUMB REINFORCED CONCRETE
BUILDINGS WITHOUT MASONRY INFILL
NBC 204 :GUIDELINES FOR EARTHQUAKE RESISTANT BUILDING
CONSTRUCTION: EARTHEN BUILDING (EB)
NBC 203 :GUIDELINES FOR EARTHQUAKE RESISTANT BUILDING
CONSTRUCTION: LOW STRENGTH MASORY
NBC 202: MANDATORY RULES OF THUMB LOAD BEARING MASONRY
NBC 201:MANDATORY RULES OF THUMB REINFORCED CONCRETE
BUILDINGS
WITH MASONRY INFILL
NBC 114:CONSTRUCTION SAFETY
NBC 113:ALUMINIUM
NBC 112:TIMBER
NBC 111:STEEL
NBC 110:PLAIN AND REINFORCED CONCRETE
NBC 109:MASONRY : UNREINFORCED
NBC 108:SITE CONSIDERATION FOR SEISMIC HAZARDS
NBC 107:PROVISIONAL RECOMMENDATION ON FIRE SAFETY
NBC 106:SNOW LOAD
NBC 105 :SEISMIC DESIGN OF BUILDINGS IN NEPAL
NBC 104:WIND LOAD
NBC 103:OCCUPANCY LOAD (IMPOSED LOAD)
NBC 102:UNIT WEIGHT OF MATERIALS
NBC 101:MATERIALS SPECIFICATIONS
NBC 000:REQUIREMENTS FOR STATE-OF-THE ART DESIGN AN
INTRODUCTION
5.4.2 Building construction bylaws
The bylaws is regulation made by local authority. It covers following terms
Balcony: The outer space surrounded by handrails with a access used for
living beyond the external wall is Balcony.
Basement or Cellar: The lowest part of a building either fully below or up to
1.2 m higher from the ground level portion is known as basement or cellar.
Building or the structure height: It is taken from the level of entrance up to
the highest part of the build in the case of flat roof and or in the case of sloped
roof.
Building line: The line confirmed by an authentic authority for the extension
of road in future.
Covered Area: All those area covered by any construction above plinth level.
Floor area ratio (FAR): It is the ratio of a building's total floor area (gross
floor area) to the size of the piece of land upon which it is built.
Setback line: the line parallel drawn by an authentic authority beyond which
building of any kind cannot be built
Street line: the lines of both sides of a road portion that determine the road
property lines are street line
The public open space in a planned residential area are as follows-
From 5 to 10 ropani – total 5% of the total area,
From10 to 25 ropani – total 4% of the total area,
From 25 to 100 ropani – total 3.5% of the total area,
More than 100 ropani – total 2.5% of the total areas
5.5 Company Registration
THE COMPANIES ACT, 2063 (2006)
To bring about dynamism in the economic development of the country by
promoting investment in the industry, trade and business sectors through
economic liberalization.
To make the incorporation, operation and administration of companies much
easier, simpler and more transparent
Latest Amendment in Company Act by 2074/1/19
Types of Business companies
According to the Companies Act 2006 (2063B.S.), following companies can be
established in Nepal:
Private limited company: It requires only one shareholder or promoter.
Public limited company : At least seven shareholders and promoters are
required
Non-profit company: At least five members are required. It has no
shareholders.
Documents required for registering a company
An application in the format as per the ‘ANUSUCHI 1’ along with a 5 rupees
stamp attached to it.
Two copies of ‘PRABANDHA PATRA’ (Article of Association) in the format
as per ‘ANUSUCHI 2’.
Two copies of ‘NIYAMAWALI’ (Article of Memorandum) in the format as
per ‘ANUSUCHI 3’.
A copy of the agreement made among the founder members before the
establishment of the company.
Attested copies of the citizenship certificates of the founder shareholders.
Obligations after registration
Notification of Registration (within 3 months after registration of company).
Shareholding Detail (within a month after the amount of share capital is paid
by shareholders).
Details for Directors: (within 7 days of taking the office)
Annual General Meeting (AGM) should be conduct after the completion of
one year of the establishment of the company.
Accounting / Financial requirements: Need to be audited by an auditor at the
completion of every financial year. The auditor should be appointed by all the
shareholders and the appointment should be notified within 15 days of
appointment to the Office of Companies Registrar Office
Company registration cost
According to the index 21, the company registration fee depends on the
registered capital of company.
If the fee is up to NRs.5000, the payment is made in the accounts section of
the office itself.
If the charge is more than NRs 5000, then the amount should be deposited at
the Nepal Rastra Bank, Banking Office, Thapathali, Kathmandu or in a branch
of the commercial bank permitted by Nepal Rastra Bank, in the ‘RAJASWA’
account number1-1-05-10.
Up to NPR 100,000 (authorized capital): NRS 1,000.
NRS 100,001 to NRS 500,000: NRS 4,500.
NRS 500,001 to NRS 2,500,000: NRS 9,500.
NRS 2,500,001 to NRS 10,000,000: NRS 16,000.
NRS 10,000,001 to NRS 20,000,000: NRS 19,000.
NRS 20,000,001 to NRS 30,000,000: NRS 22,000.
NRS 30,000,001 to NRS 40,000,000: NRS 25,000.
NRS 40,000,001 to NRS 50,000,000: NRS 28,000.
NRS 50,000,001 to NRS 60,000,000: NRS 31,000.
NRS 60,000,001 to NRS 70,000,000: NRS 34,000.
NRS 70,000,001 to NRS 80,000,000: NRS 37,000.
NRS 80,000,001 to NRS 90,000,000: NRS 40,000.
NRS 90,000,001 to NRS 100,000,000: NRS 43,000.
Additional than NRS 100,000,000: NRS 43,000 plus NRS 30 for all added
NRS 100,000
Chapter 6
Contemporary Issues in Engineering
6.1 Globalization and Cross Cultural Issues
Globalization
Globalization is a process of interaction and integration among the people,
companies, and governments of different nations.
A process driven by international trade and investment and aided by information
technology,
This process has effects on the environment, culture, political systems, economic
development and prosperity, and human physical well-being in societies around the
world.
Cross cultural issues
It deals with importance of cross-cultural issues is in relation to global engineering ethics.
Introduces the importance of cultural values within global engineering, examining the
nature of normative ethical relativism.
On this basis, the nature of values and their centrality to cross-cultural contexts are
explained, and the relation between values and ethics—the distinction between moral
and non-moral values.
Some issues-
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
6.2 Public Private Partnership
A public–private partnership is a cooperative arrangement between two or more
public and private sectors, typically of a long-term nature.
It is a funding model for a public infrastructure project such as a new
telecommunications system, airport or power plant
However, the late 20th century and early 21st century have seen a clear trend towards
governments across the globe making greater use of various PPP arrangements.
PPP is a broad term that can be applied to anything from a simple, short term
management contract (with or without investment.
requirements) to a long-term contract that includes funding, planning, building,
operation, maintenance and divestiture.
PPP arrangements are useful for large projects that require highly skilled workers and
a significant cash outlay to get started.
Different models of PPP
1. Design-Build (DB): The private-sector partner designs and builds the
infrastructure to meet the public-sector partner's specifications, often for a fixed
price. The private-sector partner assumes all risk.
2. Operation & Maintenance Contract (O & M):The private-sector partner, under
contract, operates a publicly-owned asset for a specific period of time. The public
partner retains ownership of the assets.
3. Design-Build-Finance-Operate (DBFO): The private-sector partner designs,
finances and constructs a new infrastructure component and operates/maintains it
under a long-term lease. The private-sector partner transfers the infrastructure
component to the public-sector partner when the lease is up.
4. Build-Own-Operate (BOO): The private-sector partner finances, builds, owns
and operates the infrastructure component in perpetuity. The public sector
partner's constraints are stated in the original agreement and through on-going
regulatory authority.
5. Build-Own-Operate-Transfer (BOOT): The private-sector partner is granted
authorization to finance, design, build and operate an infrastructure component
(and to charge user fees) for a specific period of time, after which ownership is
transferred back to the public-sector partner.
6. Buy-Build-Operate (BBO): This publicly-owned asset is legally transferred to a
private-sector partner for a designated period of time.
7. 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 facility for the duration of the land lease. When the lease expires,
assets are transferred to the public-sector partner.
8. Operation License: The private-sector partner is granted a license or other
expression of legal permission to operate a public service, usually for a specified
term. (This model is often used in IT projects.)
9. Finance Only: The private-sector partner, usually a financial services company,
funds the infrastructure component and charges the public-sector partner interest
for use of the funds.
6.3 Safety, Risk and eBnefit analysis
Safety: Design of Engineering Systems to Reduce Risk to Acceptable Levels
Develop inherently low-risk designs
Incorporate redundancy in design
Design for failure modes that give warning before catastrophic failure (ductile
structures)
Design for appropriate Factor of Safety
Structural design philosophies...
- Allowable Stress Design
- Load Factor Design
- Probabilistic design methods
Risk: Definition of “risk” is: Exposure to the chance of injury or loss A hazardous or
dangerous chance. An Engineering Definition of Risk:
Risk= (probability of event) *(consequences)
Risk and Engineering
All engineering disciplines have their risks – some are common to all
health and safety risk
Travel risk
Liability risks
Risk Acceptance
Voluntary versus involuntary risks
Adequate protection of public health and safety
Unacceptable versus tolerable risks
6.4 Development and Environment
'Development and environment are two sides of the same coin’
We need to focus on:
Green growth and green economy
Quality of growth
Urban development
Management of Natural resources
6.5 Conflict and Dispute Management
Levels of Conflict
Intrapersonal conflict: conflict within self-due to differences in goal, role, and
personal values
Interpersonal conflict: between two or more persons; can be due to differences in
goal, role, values, culture, communication gap
Intergroup conflict: between two or more groups of people
Inter-organizational conflict: between two or more organizations
International Conflict
Sources 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
organization.
Goal and role incompatibility: When the ideas, values, culture and customs of a
person (or persons) are incompatible with the goal of an organization or assigned role
of the person in the organization.
Organizational climate and change: When the work environment and rules of an
organization are unpredictable, and when the rules or managers or owner of the
organization suddenly changes.
Gender and other social differences: When the work environment and rules are
designed to favour 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.
Conflict resolution methods
Avoidance: avoid conflict, ignore conflict, “time will heal”
Diffusion: distraction and defuse into multiple sectors
Containment: conflict contained within certain people, and resolved
through discussion and bargaining
Confrontation: conflict brought in front of all concerned, conflict resolution through
open dialogue, face-to-face meeting, open bargaining, and resorting to legal process,
if needed.
Conciliation: Mutually agreed terms and conditions, “give and take” approach,
without direct involvement of outsiders (mediator), even though the mediator assists
in bringing the parties together.
Mediation: similar to conciliation, but with direct involvement of outsiders
(mediator).
Arbitration: Resolution through certified professional arbitrator.
Litigation: Resolution through court, as per prevailing laws and rules.
Dispute resolution methods
Adjudication: The adjudication is “a quick and relatively inexpensive way of
resolving a dispute, whereby an impartial third-party adjudicator decides the issues
between the parties”.
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 expert.
Less time consuming
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 arbitrator’s decisions
Chapter 7
Case Studies Based on Engineering Practices