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NATIONAL SOCIETY OF
<br />PROFESSIONAL ENGINEERS
<br />e. Engineers shall continue their professional development
<br />throughout their careers and should keep current in their
<br />specialty fields by engaging in professional practice,
<br />participating in continuing education courses, reading
<br />in the technical literature, and attending professional
<br />meetings and seminars.
<br />3. Engineers shall avoid all conduct or practice that
<br />deceives the public.
<br />a. Engineers shall avoid the use of statements containing
<br />a material misrepresentation of fact or omitting a
<br />material fact.
<br />b. Consistent with the foregoing, engineers may advertise
<br />for recruitment of personnel.
<br />c. Consistent with the foregoing, engineers may prepare
<br />articles for the lay or technical press, but such articles
<br />shall not imply credit to the author for work performed
<br />by others.
<br />4. Engineers shall not disclose, without consent, confidential
<br />information concerning the business affairs or technical
<br />processes of any present or former client or employer, or
<br />public body on which they serve.
<br />a. Engineers shall not, without the consent of all
<br />interested parties, promote or arrange for new
<br />employment or practice in connection with a specific
<br />project for which the engineer has gained particular
<br />and specialized knowledge.
<br />b. Engineers shall not, without the consent of all
<br />interested parties, participate in or represent an
<br />adversary interest in connection with a specific project
<br />or proceeding in which the engineer has gained
<br />particular specialized knowledge on behalf of a former
<br />client or employer.
<br />5. Engineers shall not be influenced in their professional
<br />duties by conflicting interests.
<br />a. Engineers shall not accept financial or other
<br />considerations, including free engineering designs,
<br />from material or equipment suppliers for specifying
<br />their product.
<br />b. Engineers shall not accept commissions or allowances,
<br />directly or indirectly, from contractors or other parties
<br />dealing with clients or employers of the engineer
<br />in connection with work for which the engineer is
<br />responsible.
<br />6. Engineers shall not attempt to obtain employment or
<br />advancement or professional engagements by untruthfully
<br />criticizing other engineers, or by other improper or
<br />questionable methods.
<br />a. Engineers shall not request, propose, or accept a
<br />commission on a contingent basis under circumstances
<br />in which their judgment may be compromised.
<br />b. Engineers in salaried positions shall accept part-time
<br />engineering work only to the extent consistent with
<br />policies of the employer and in accordance with ethical
<br />considerations.
<br />c. Engineers shall not, without consent, use equipment,
<br />supplies, laboratory, or office facilities of an employer
<br />to carry on outside private practice.
<br />7. Engineers shall not attempt to injure, maliciously or
<br />falsely, directly or indirectly, the professional reputation,
<br />prospects, practice, or employment of other engineers.
<br />Engineers who believe others are guilty of unethical or
<br />illegal practice shall present such information to the
<br />proper authority for action.
<br />a. Engineers in private practice shall not review the work
<br />of another engineer for the same client, except with the
<br />knowledge of such engineer, or unless the connection of
<br />such engineer with the work has been terminated.
<br />b. Engineers in governmental, industrial, or educational
<br />employ are entitled to review and evaluate the work of other
<br />engineers when so required by their employment duties.
<br />c. Engineers in sales or industrial employ are entitled to
<br />make engineering comparisons of represented products
<br />with products of other suppliers.
<br />8. Engineers shall accept personal responsibility for their
<br />professional activities, provided, however, that engineers
<br />may seek indemnification for services arising out of
<br />their practice for other than gross negligence, where the
<br />engineer's interests cannot otherwise be protected.
<br />a. Engineers shall conform with state registration laws in
<br />the practice of engineering.
<br />b. Engineers shall not use association with a nonengineer, a
<br />corporation, or partnership as a "cloak" for unethical acts.
<br />9. Engineers shall give credit for engineering work to those
<br />to whom credit is due, and will recognize the proprietary
<br />interests of others.
<br />a. Engineers shall, whenever possible, name the person or
<br />persons who may be individually responsible for designs,
<br />inventions, writings, or other accomplishments.
<br />b. Engineers using designs supplied by a client recognize
<br />that the designs remain the property of the client and
<br />may not be duplicated by the engineer for others without
<br />express permission.
<br />c. Engineers, before undertaking work for others in
<br />connection with which the engineer may make
<br />improvements, plans, designs, inventions, or other
<br />records that may justify copyrights or patents, should
<br />enter into a positive agreement regarding ownership.
<br />d. Engineers' designs, data, records, and notes referring
<br />exclusively to an employer's work are the employer's
<br />property. The employer should indemnify the engineer
<br />for use of the information for any purpose other than the
<br />original purpose.
<br />Footnote 1 "Sustainable development" is the challenge of meeting
<br />human needs for natural resources, industrial products, energy,
<br />food, transportation, shelter, and effective waste management while
<br />conserving and protecting environmental quality and the natural
<br />resource base essential for future development.
<br />"By order of the United States District Court for the
<br />District of Columbia, former Section 11(c) of the NSPE
<br />Code of Ethics prohibiting competitive bidding, and all
<br />policy statements, opinions, rulings or other guidelines
<br />interpreting its scope, have been rescinded as unlawfully
<br />interfering with the legal right of engineers, protected
<br />under the antitrust laws, to provide price information to
<br />prospective clients; accordingly, nothing contained in the
<br />NSPE Code of Ethics, policy statements, opinions, rulings
<br />or other guidelines prohibits the submission of price
<br />quotations or competitive bids for engineering services
<br />at any time or in any amount."
<br />Statement by E Executive Committee
<br />In order to correct misunderstandings which have been
<br />indicated in some instances since the issuance of the
<br />Supreme Court decision and the entry of the Final Judgment,
<br />it is noted that in its decision of April 25, 1978, the Supreme
<br />Court of the United States declared: "The Sherman Act does
<br />not require competitive bidding."
<br />It is further noted that as made clear in the Supreme Court
<br />decision:
<br />1. Engineers and firms may individually refuse to bid for
<br />engineering services.
<br />2. Clients are not required to seek bids for engineering
<br />services.
<br />3. Federal, state, and local laws governing procedures
<br />to procure engineering services are not affected, and
<br />remain in full force and effect.
<br />4. State societies and local chapters are free to actively
<br />and aggressively seek legislation for professional
<br />selection and negotiation procedures by public
<br />agencies.
<br />5. State registration board rules of professional conduct,
<br />including rules prohibiting competitive bidding for
<br />engineering services, are not affected and remain in
<br />full force and effect. State registration boards with
<br />authority to adopt rules of professional conduct may
<br />adopt rules governing procedures to obtain engineering
<br />services.
<br />6. As noted by the Supreme Court, "nothing in the
<br />judgment prevents NSPE and its members from
<br />attempting to influence governmental action
<br />Note: In regard to the question of application of the Code to
<br />corporations vis-a-vis real persons, business form or type should
<br />not negate nor influence conformance of individuals to the Code.
<br />The Code deals with professional services, which services must
<br />be performed by real persons. Real persons in turn establish and
<br />implement policies within business structures. The Code is clearly
<br />written to apply to the Engineer, and it is incumbent on members
<br />of NSPE to endeavor to live up to its provisions. This applies to all
<br />pertinent sections of the Code.
<br />1420 KING STREET • ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • LEGAL@NSPE.ORG • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2018 • PUBLICATION #1102
<br />COPYRIGHT NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.
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