Engineering Ethics

National Society of Professional Engineers (NSPE) Code of Ethics for Engineers 209

legal right of engineers, protected under the antitrust laws, to provide price

information to prospective clients; accordingly, nothing contained in the

NSPE Code of Ethics, policy statements, opinions, rulings or other guidelines

prohibits the submission of price quotations or competitive bids for

engineering services at any time or in any amount.”

STATEMENT BY NSPE EXECUTIVE COMMITTEE

In order to correct misunderstandings which have been indicated in

some instances since the issuance of the Supreme Court decision and the

entry of the Final Judgment, it is noted that in its decision of April 25,

1978, the Supreme Court of the United States declared: “The Sherman Act

does not require competitive bidding.”

It is further noted that as made clear in the Supreme Court decision:

1. Engineers and firms may individually refuse to bid for engineering

services.

2. Clients are not required to seek bids for engineering services.

3. Federal, state, and local laws governing procedures to procure

engineering services are not affected, and remain in full force and effect.

4. State societies and local chapters are free to actively and

aggressively seek legislation for professional selection and

negotiation procedures by public agencies.

5. State registration board rules of professional conduct, including rules

prohibiting competitive bidding for engineering services, are not

affected and remain in full force and effect. State registration boards

with authority to adopt rules of professional conduct may adopt

rules governing procedures to obtain engineering services.

6. As noted by the Supreme Court, “nothing in the judgment

prevents NSPE and its members from attempting to influence

governmental action. . .”

NOTE: In regard to the question of application of the Code to corporations

vis-à-vis real persons, business form or type should not negate nor influence

conformance of individuals to the Code. The Code deals with professional

services, which services must be performed by real persons. Real persons in

turn establish and implement policies within business structures. The Code is

clearly written to apply to the Engineer and items incumbent on members of

NSPE to endeavor to live up to its provisions. This applies to all pertinent

sections of the Code.

Revised January 2003. Reprinted with permission of NSPE.

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