laws governing the procurement of public projects
There are laws governing the procurement of public projects. In this case study, a public/government project is in question meaning that funding for the stated works was to be obtained from the public coffers hence the procurement and tendering procedures should be in line with the Public Procurement and Disposal Act.
In addition to the laws, engineers are expected to behave ethically in all their undertakings in engineering related issues. Engineer A is thus expected to follow these regulations given in the Engineers’ code of ethics and conduct.
The discussions below explore ways in which Engineer A acted contrary to these provisions.
Procurement of Public Projects
‘The Public Procurement and Disposal Act 2005’is an act of the Kenyan parliamentary system to establish a procedure in the process of procuring and disposing obsolete goods and services in Kenya. It outlines the procedure of doing procurement in any public project and rules to govern the process.
Part iv Section 33 sub section (1)(a) and (c) states;
“Except as expressly allowed under the regulations, a procuring entity shall not enter into a contract for a procurement with—
(a) an employee of the procuring entity or a member of a board or committee of the procuring entity;
(c) a person, including a corporation, who is related to a person described in paragraph (a) or (b)
According to Part iv, Section 43 subsection (1)(a) of the act;
“An employee or agent of the procuring entity or a member of a board or committee of the procuring entity who has a conflict of interest with respect to a procurement shall not take part in the procurement proceedings”
In subsection (2) of the same;
“An employee, agent or member described in subsection (1) who refrains from doing anything prohibited under that subsection that, but for that subsection, would have been within his duties shall disclose the conflict of interest to the procuring entity.”
In this case study, Engineer A was tasked with design, preparation of specifications, evaluating the contractors’ bids and inspection of the project. It can be said that she didn’t break this law by declaring the interest of the company she had shares by allowing the ward administrator to look for another firm to do the evaluation since she was already an employee and cannot steer the procuring committee.
However, during the time when the Ward Administrator and the procuring team was procuring her, she failed to disclose this information.
Engineers’ code of conduct and ethics
‘Code of Conduct and Ethics for Engineers’ is regulatory law book developed by the Engineers Board of Kenya to help in enforcing rules and ethical behaviors of engineers in Kenya. Some of the key items that are directly related to this problem are as discussed below.
Item no.3 of the Engineers’ Code of conduct and ethics details the fundamental principles that guide engineers in their professional practice. Subsection (b) of the same states that;
“Engineers shall uphold and advance the integrity, honor and dignity of the engineering profession by being honest and impartial, and serving with fidelity the public, their employers and clients.”
Item no.6 of the Engineers’ code of ethics details the obligations of engineers to their employers or clients. Subject matte number 1 of the item states;
“Engineers shall disclose all known or potential conflicts of interest to their employers or clients which could influence or appear to influence their judgment or the quality of their services”
It should be noted that she only suggested and decisions made thereafter are what would possibly lead or not lead to some of these unethical acts.
It can be said that Engineer A wasn’t honest with the client during her procurement process because she hid vital information. She waited up to when the biding of a potential contracting company was being done is when she suggested that a company she has shares in, to also apply.
In as much as she disclosed to the Ward Administrator that she has a conflict of interest in the tendering process and wanted to drop the role as the chief engineer and she/a company she had shares in to apply during the biding process, she had already breached the engineers’ code of ethics ‘obligation to the employer or client’ and ‘the fundamental principles’ on honesty. She out to have disclosed this information to the client during her procurement because she knew that there would be an implementation afterwards which obviously needed services from one of the construction companies, in which case she has shares in one.