Case Number 60-3
Case 90
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The provisions of the Canons and Rules do not apply to services solely of a sub-professional nature.
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It is clear that the Canons of Ethics and Rules of Professional Conduct are intended to apply only to professional engineering practice, and not to business activities in which a professional engineer may engage, either as his sole activity or in conjunction with his engineering practice. There are two basic situations in engineering practice relative to this discussion. Virtually all contracts for professional engineering services require some sub-professional and nonprofessional work to furnish the final professional result. This situation is not relative to the present case which relates only to those contracts which are solely of a sub-professional nature. Sections 2 and 19 of the Canons limit the engineers' personal conduct in a general frame of reference to his professional work. Although the Canons do not apply to. sub-professional and nonprofessional (business or commercial) activities, it becomes incumbent upon the engineer involved to be scrupulously careful to make clear to his clients and the public the distinction between the two categories of work. It is desirable where the sub-professional work is a large part of the firm's activities, to operate through a separate form of organization, with a distinct name. Where this is not practicable, and in the case of an operation in both categories by the same firm, the engineer should adopt other means to segregate the types of work, including references in the contract or in correspondence. In applying the distinction noted above, it should be kept in mind that the prohibition against competitive bidding for professional services is based on protection of the public through avoidance of the sacrifice of quality to the lowest price. This principle is not applicable to sub-professional or nonprofessional services, and this difference permits competitive bidding for sub-professional or nonprofessional (business or commercial) services, which may be clearly and accurately specified. Note: The following Code secti...
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An engineering firm in which all the principals are professional engineers provides services on occasion of a type and nature regarded as sub-professional in character, although related to professional engineering services. The firm is invited to submit a written bid for work comprised solely of sub-professional services.
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Do the provisions of the Canons of Ethics and Rules of Professional Conduct, apply in the case of such sub-professional services?
Similar Cases
Find cases with similar D-tuple components, provisions, and tags.
Find Similar CasesD-tuple Component Breakdown
136
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
PE Firm Principal Engaging in Mixed Professional and Sub-Professional Practice
A professional engineer (or firm of PEs) that engages in both professional engineering services and...
PE Firm Bidding Sub-Professional Services
A professional engineering firm role in which all principals hold PE licensure but the firm is invited to submit a...
Sub-Professional Services Procurement Client
A client or procuring entity that invites a professional engineering firm to submit a competitive bid for work that...
PE-Principal Engineering Firm Bidding Sub-Professional Work
A firm whose principals are all licensed PEs that occasionally provides sub-professional services and has been...
Sub-Professional Services Procurement Client Individual
The entity that invites the PE firm to submit a written competitive bid for work that is solely sub-professional in...
Dual-Mode Professional-Commercial Engineering Firm Principal
A licensed professional engineer who operates or leads a firm that simultaneously engages in both professional...
Client and Public Receiving Mixed Professional-Commercial Engineering Services
The clients and general public who receive services from a PE firm operating in both professional and...
Public Transparency Obligated Mixed-Practice Engineer
A professional engineer who, when engaging in sub-professional or non-professional (business or commercial)...
8 entities
Principles
P
w=0.2
384D
Ethics Code Non-Applicability to Sub-Professional and Non-Professional Business Activities Principle
Fundamental principle establishing that the canons of engineering ethics and rules of professional conduct are...
Professional-Sub-Professional Work Segregation and Transparency Obligation Principle
Relational principle requiring that when a professional engineering firm or licensed engineer operates in both...
Competitive Bidding Permissibility Rationale Scope Limitation Principle
Fundamental principle establishing that the prohibition against competitive bidding for professional engineering...
PE Identity Non-Exploitation in Sub-Professional Commercial Competition Principle
Relational principle requiring that when a professional engineering firm participates in competitive bidding for...
Professional Ethics Obligation Persistence Through Sub-Professional Bid
The PE firm's submission of a bid for sub-professional work does not suspend its ethical obligations under the...
Sub-Professional Service Competitive Bidding Permissibility Principle
Fundamental principle establishing that a professional engineering firm whose principals are all licensed engineers...
Professional Ethics Obligation Persistence in Sub-Professional Practice Principle
Fundamental principle establishing that a licensed professional engineer's ethical obligations under the engineering...
Free and Open Competition Governs PE Firm Sub-Professional Bidding
The PE firm's invitation to submit a written competitive bid for sub-professional work is governed by the...
Antitrust Constraint on Ethics Code Restriction of Sub-Professional Bidding
Any attempt by a professional engineering ethics code to prohibit or restrict PE firms from submitting competitive...
Sub-Professional Bidding Permissibility for PE Firm
The PE firm is ethically permitted to submit the written competitive bid for the sub-professional work because: (a)...
PE Identity Non-Exploitation in Sub-Professional Bid Submission
When the PE firm submits its written bid for the sub-professional work, it must compete on commercial merit and must...
Transparency Obligation in Mixed Professional-Sub-Professional Firm Identity
The PE firm must be transparent with the procuring client about its nature as a professional engineering firm when...
Ethics Code Scope Limitation to Professional Practice in Sub-Professional Bidding Case
The ethics board determined that the Canons of Ethics and Rules of Professional Conduct apply only to professional...
Competitive Bidding Permissibility for Sub-Professional Services Based on Rationale Scope
The ethics board affirmed that the prohibition against competitive bidding is rationale-bounded: because its purpose...
Sub-Professional Competitive Bidding Permissibility for All-PE-Principal Firm
The PE firm whose principals are all licensed engineers is ethically permitted to submit the competitive bid for...
PE Identity Non-Exploitation in Sub-Professional Competitive Bid Submission
While the PE firm may submit the competitive bid for sub-professional work, it must not exploit its PE credentials,...
Engineering Business-Profession Duality in Sub-Professional Bid Context
The PE firm simultaneously operates as a commercial bidder in a sub-professional marketplace and as a...
Honesty in Sub-Professional Bid Representations
The PE firm must ensure that all representations in its written bid for sub-professional services are truthful and...
Professional Dignity and Honor Preservation in Dual-Mode Practice Principle
Professional virtue principle requiring that when a licensed engineer or engineering firm engages in...
Professional-Sub-Professional Segregation Obligation for Mixed-Practice PE Firm
Because the PE firm operates in both professional engineering and sub-professional commercial domains, it is...
Professional Ethics Obligation Persistence Despite Sub-Professional Activity Classification
Even though the formal ethics code provisions do not apply to the sub-professional work, the PE firm retains full...
Professional Dignity Preservation in Sub-Professional Commercial Activities
The former Canon Sections 2 and 19 - requiring avoidance of conduct likely to discredit the profession and...
Engineering Business-Profession Duality in Sub-Professional Bidding Context
The case illustrates the duality of engineering practice as simultaneously a profession and a business: the PE...
23 entities
Obligations
O
w=0.15
384D
PE Credential Non-Exploitation in Sub-Professional Bid Obligation
Duty of a professional engineering firm submitting a competitive bid for sub-professional services to compete solely...
PE Firm Sub-Professional Bid PE Credential Non-Exploitation
The PE firm must compete for the sub-professional work on commercial merit alone and must not leverage or invoke its...
Sub-Professional Bid Services Clear Specification Prerequisite Verification
The procuring client and the PE firm are obligated to ensure that the sub-professional services for which...
Sub-Professional Competitive Bid Submission Permissibility Obligation
Duty of a professional engineering firm whose principals are all licensed PEs to recognize that it is ethically...
Mixed-Practice Firm Identity Transparency in Sub-Professional Bid Obligation
Duty of a professional engineering firm submitting a competitive bid for sub-professional services to be transparent...
PE Firm Sub-Professional Bid Permissibility Recognition
The PE firm is obligated to recognize that it is ethically permitted to submit the written competitive bid for the...
PE Firm Sub-Professional Bid Ethics Code Persistence
The PE firm's principals must recognize that their ethical obligations under the engineering code of ethics persist...
PE Firm Sub-Professional Bid Identity Transparency
The PE firm must be transparent with the procuring client about its nature as a professional engineering firm when...
PE Firm Sub-Professional Bid Antitrust Scope Recognition
The PE firm must recognize that antitrust rulings have removed ethics code restrictions on competitive bidding, and...
PE Firm Ethics Code Scope Non-Application to Sub-Professional Bid
The PE firm and the ethics body are obligated to recognize that the Canons of Ethics and Rules of Professional...
PE Firm Mixed-Practice Work Category Segregation and Client Transparency
The PE firm is obligated to be scrupulously careful to make clear to its clients and the public the distinction...
PE Firm Sub-Professional Bid Competitive Bidding Rationale-Scope Permissibility
The PE firm and the ethics body are obligated to recognize that competitive bidding for the sub-professional...
PE Firm Professional Dignity Preservation in Sub-Professional Commercial Activities
Even though the formal Canons of Ethics do not directly apply to the sub-professional bid and related commercial...
PE Firm Honest Representation in Sub-Professional Bid Submissions
The PE firm is obligated to ensure that all representations in its competitive bid for sub-professional services are...
Professional Ethics Persistence in Sub-Professional Bid Conduct Obligation
Duty of a professional engineering firm whose principals are all licensed PEs to recognize that its ethical...
Sub-Professional Bid Honest Representation Obligation
Duty of a professional engineering firm submitting a competitive bid for sub-professional services to ensure that...
PE Firm Sub-Professional Bid Honest Representations
The PE firm must ensure that all representations in its written bid for sub-professional services are truthful and...
Ethics Code Scope Limitation to Professional Engineering Practice Obligation
Duty of a licensed professional engineer and of ethics adjudicatory bodies to recognize that the canons of...
Professional-Sub-Professional Work Category Segregation and Client Transparency Obligation
Duty of a licensed professional engineer or engineering firm that operates in both professional engineering and...
Sub-Professional Competitive Bidding Rationale-Scope Permissibility Obligation
Duty of a licensed professional engineer, engineering firm, and ethics adjudicatory body to recognize that the...
Professional Dignity Preservation in Sub-Professional and Non-Professional Activities Obligation
Duty of a licensed professional engineer who engages in sub-professional or non-professional (business or...
Sub-Professional Service Specification Clarity Prerequisite for Competitive Bidding Obligation
Duty of a licensed professional engineer, engineering firm, and procuring client to ensure that sub-professional or...
22 entities
States
S
w=0.1
384D
Sub-Professional Work Competitive Bid Eligibility State
State in which a firm composed entirely of licensed professional engineers is invited to submit a competitive...
PE Firm Sub-Professional Service Provision State
State in which a firm whose principals are all licensed professional engineers regularly provides, as an incidental...
PE Firm Sub-Professional Service Provision Background State
Engineering firm with all-PE principals
Competitive Bid Invitation for Sub-Professional Work
Engineering firm invited to submit price-based bid for sub-professional work
Free Competition Framework Governing Sub-Professional Bid
Legal and regulatory environment governing the bid invitation
Engineering Code Non-Applicability to Sub-Professional Activities
Professional engineering firm engaging in sub-professional/commercial services alongside professional engineering practice
Dual-Category Work Segregation Obligation
Engineering firm operating in both professional engineering and sub-professional/commercial service modes under the...
Sub-Professional Services Competitive Bidding Permissibility
Sub-professional and non-professional services offered by engineering firm subject to competitive price-based bidding
PE Firm Dual-Mode Service Operation
Engineering firm whose principals hold PE licenses regularly providing sub-professional commercial services as part...
Professional-Sub-Professional Work Category Segregation Obligation State
State in which a professional engineer or engineering firm simultaneously engages in both professional engineering...
Engineering Code Scope Exclusion of Sub-Professional Activities State
State in which a formal determination has been made - by the governing professional ethics body - that the...
11 entities
Resources
Rs
w=0.1
384D
Professional-vs-SubProfessional-Work-Scope-Distinction-Framework-Instance
Applied to determine that competitive bidding prohibitions do not extend to sub-professional or non-professional...
NSPE-Canons-of-Ethics-Sections-2-and-19
Cited as the specific provisions limiting engineers' personal conduct in relation to professional work, used to...
Sub-Professional Services Bidding Ethics Standard
Professional norms and ethical obligations governing whether and under what conditions a licensed engineering firm...
NSPE-Code-of-Ethics
Primary normative authority for evaluating whether a PE firm may ethically submit a competitive bid for...
BER-Sub-Professional-Services-Precedent
Analogical reasoning resource for determining whether prior BER rulings address the permissibility of PE firms...
Engineer-Solicitation-Competition-Ethics-Standard-Instance
Governs the ethical conditions under which the PE firm may submit a written competitive bid, including obligations...
Sub-Professional-Services-Bidding-Ethics-Standard-Instance
Directly addresses the core ethical question of whether a firm whose principals are all licensed PEs may ethically...
Professional vs. Sub-Professional Work Scope Distinction Framework
An interpretive framework articulating the boundary between professional engineering services (governed by codes of...
NSPE-Rules-of-Professional-Conduct
Referenced alongside the Canons of Ethics as the governing normative framework applicable only to professional...
9 entities
Actions
A
w=0.1
384D
Adopt Mixed-Practice Business Model
Submit Competitive Bid
Establish Separate Organizational Entity
Implement Documentation Segregation Measures
4 entities
Events
E
w=0.08
384D
Bid Invitation Received
Market Perception of Firm Altered
Ethical Permissibility Determined
Professional Distinction Obligation Activated
4 entities
Capabilities
Ca
w=0.07
384D
PE Firm Sub-Professional Bid PE Credential Non-Exploitation Instance
The PE firm submitting a competitive bid for sub-professional services possesses the capability to compete solely on...
Sub-Professional vs Professional Service Scope Classification Capability
Capability of a professional engineering firm and its principals to correctly classify whether a solicited scope of...
Ethics Code Persistence Across Service-Type Contexts Capability
Capability of a licensed professional engineer and PE firm principal to recognize that professional ethics...
PE Firm Sub-Professional Bid Honest Representations
The PE firm correctly classifies the solicited work as sub-professional in character and ensures that all...
PE Firm Sub-Professional Bid Honest Representation Ethics
The PE firm ensures that all representations in its written bid for sub-professional services are truthful and...
PE Firm Sub-Professional Bid Permissibility Self-Assessment
The PE firm possesses the capability to recognize that it is ethically permissible to submit a written competitive...
PE Firm Antitrust Scope Recognition in Sub-Professional Bid
The PE firm's principals recognize that antitrust rulings have removed ethics code restrictions on competitive...
PE Firm Sub-Professional Bid PE Credential Non-Exploitation
The PE firm competes for the sub-professional work on commercial merit alone and does not leverage its PE licensure...
PE Firm Sub-Professional Bid Ethics Code Persistence Recognition
The PE firm's principals recognize that their ethical obligations under the engineering code of ethics persist in...
PE Firm Sub-Professional Bid Identity Transparency
The PE firm is transparent with the procuring client about its nature as a professional engineering firm when...
PE Firm Sub-Professional Bid Business Ethics Awareness
The PE firm's principals recognize and navigate the intersection of professional ethics obligations and the...
PE Firm Ethics Code Individual Non-Waivability Recognition
The PE firm's principals recognize that the engineering ethics code applies to them as individual licensed engineers...
Client and Public Receiving Mixed Services Transparency Benefit
The client receiving the sub-professional bid benefits from the PE firm's transparency about its professional...
PE Firm Mixed-Practice Organizational Segregation Design
The PE firm principal possesses the capability to design and implement appropriate organizational or contractual...
PE Firm Ethics Code Scope Confinement Recognition in Sub-Professional Bid Context
The PE firm and its principals possess the capability to correctly recognize that the Canons of Ethics and Rules of...
PE Firm Sub-Professional Bid Permissibility Self-Assessment Instance
The PE firm whose principals are all licensed PEs possesses the capability to recognize that it is ethically...
PE Firm Mixed-Practice Identity Transparency in Sub-Professional Bid Instance
The PE firm possesses the capability to be transparent with the procuring client about its nature as a professional...
PE Firm Antitrust Scope Recognition in Sub-Professional Bid Context
The PE firm possesses the capability to recognize that antitrust rulings have removed ethics code restrictions on...
PE Firm Ethics Code Persistence in Sub-Professional Bid Conduct Instance
The PE firm's principals possess the capability to recognize that their ethical obligations under the engineering...
Mixed-Practice Firm Professional Identity Transparency Capability
Capability of a professional engineering firm that engages in both professional engineering services and...
Sub-Professional Bid Permissibility Self-Assessment Capability
Capability of a professional engineering firm whose principals are all licensed PEs to recognize that it is...
PE Credential Non-Exploitation in Commercial Bid Capability
Capability of a professional engineering firm submitting a competitive bid for sub-professional or commercial...
Sub-Professional Service Specification Clarity Assessment Capability
Capability of a professional engineering firm, its principals, and procuring clients to assess whether...
Ethics Code Scope Confinement to Professional Engineering Practice Capability
Capability of a licensed professional engineer, engineering firm, and ethics adjudicatory body to correctly...
Sub-Professional Work Organizational Segregation Design Capability
Capability of a professional engineering firm and its principals to design and implement appropriate organizational...
Sub-Professional Competitive Bidding Public Protection Rationale Distinction Capability
Capability of a professional engineer, engineering firm, and ethics adjudicatory body to recognize and articulate...
Professional Dignity Non-Formal-Code Voluntary Preservation Capability
Capability of a licensed professional engineer engaging in sub-professional or non-professional (business or...
PE Firm Sub-Professional Bid Antitrust Rationale Distinction Application
The PE firm possesses the capability to recognize and articulate that the prohibition on competitive bidding for...
Sub-Professional Services Procurement Client Specification Clarity Verification
The procuring client possesses the capability to assess whether the sub-professional services for which competitive...
PE Firm Sub-Professional Bid Specification Clarity Self-Assessment
The PE firm possesses the capability to assess whether the sub-professional services for which it is invited to bid...
PE Firm Professional Dignity Voluntary Preservation in Commercial Bid Activities
The PE firm principal possesses the capability to voluntarily preserve the dignity and honor of the engineering...
31 entities
Constraints
Cs
w=0.08
384D
PE Credential Non-Exploitation in Sub-Professional Competitive Bid Constraint
Ethical constraint establishing that a professional engineering firm whose principals hold PE licenses, when...
PE Firm Sub-Professional Bid Identity Transparency Constraint
Ethical constraint requiring that a professional engineering firm submitting a competitive bid for sub-professional...
Sub-Professional Service Specification Clarity Competitive Bidding Prerequisite Constraint
Ethical and procedural constraint establishing that competitive price-based bidding for sub-professional or...
Antitrust-Code-Scope-Sub-Professional-Bid-PE-Firm
The PE firm is constrained by antitrust law from treating engineering code competitive bidding prohibitions as...
Free-Open-Competition-Sub-Professional-Bid-PE-Firm
The PE firm must conduct its sub-professional bid in conformance with applicable laws and regulations governing free...
Deregulated-Advertising-Ethics-Non-Elimination-Sub-Professional-Bid
The removal of code-based competitive bidding restrictions from sub-professional services does not eliminate the PE...
PE-Credential-Non-Exploitation-Sub-Professional-Bid-PE-Firm
The PE firm is prohibited from invoking or leveraging its PE licensure status as a competitive differentiator in its...
Business-Form-Non-Influence-Ethics-PE-Firm-Sub-Professional-Bid
The fact that the PE firm is organized as a commercial entity submitting a price-based competitive bid for...
PE Firm Mixed-Practice Work Segregation Through Contract and Correspondence
Where separate organization is not practicable, the PE firm must adopt affirmative means to segregate professional...
PE Firm Ethics Code Non-Application to Sub-Professional Bid Submission
The Canons of Ethics and Rules of Professional Conduct do not apply to the PE firm's submission of a competitive...
Sub-Professional Bid Services Clear Specification Prerequisite for Competitive Bidding Permissibility
Competitive price-based bidding for sub-professional services is ethically permissible only where those services can...
PE Firm Baseline Honesty Persistence in Sub-Professional Bid Despite Code Non-Application
Although the formal Canons of Ethics do not apply to the sub-professional bid, the PE firm's principals remain bound...
PE Firm Sub-Professional Bid Competitive Bidding Antitrust Scope Recognition Instance
NSPE and ethics bodies are prohibited from applying competitive bidding restrictions from the Canons of Ethics to...
PE-Firm-Sub-Professional-Bid-Identity-Transparency-Instance
The PE firm must be transparent with the procuring client about its nature as a professional engineering firm when...
Professional-Solicitation-Misleading-Language-Sub-Professional-Bid
The PE firm is constrained to ensure that its written bid for sub-professional services avoids misleading,...
Sub-Professional Work Ethics Code Scope Boundary Constraint
Regulatory and ethical constraint establishing that the specific competitive bidding prohibitions and professional...
Code-Ethics-Universal-Applicability-PE-Firm-Sub-Professional-Bid
The PE firm's principals remain bound by the NSPE Code of Ethics in their conduct during the sub-professional bid...
Procurement-Competition-Honorable-Conduct-Sub-Professional-Bid
The PE firm must conduct its competitive bid for sub-professional services honorably, responsibly, and fairly -...
PE Firm Separate Organization Desirability for Large Sub-Professional Operations
Where sub-professional work constitutes a large part of the PE firm's activities, it is desirable - though not...
Sub-Professional Work Separate Organization Desirability Constraint
Ethical and organizational constraint establishing that where sub-professional or non-professional work constitutes...
Mixed-Practice PE Firm Work Category Segregation Means Constraint
Ethical and procedural constraint establishing that where a professional engineering firm operates in both...
Sub-Professional Competitive Bidding Quality-Sacrifice Rationale Non-Applicability Constraint
Ethical and legal constraint establishing that the rationale underlying the prohibition on competitive bidding for...
Professional Engineering Code Scope Limitation to Professional Practice Constraint
Inviolable ethical and regulatory constraint establishing that the Canons of Ethics and Rules of Professional...
Sub-Professional Competitive Bidding Quality-Sacrifice Rationale Non-Extension
The public-protection rationale for prohibiting competitive bidding for professional services - avoidance of quality...
24 entities
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