SUMMARY OF “THE SELECTION OF THE CIVIL ENGINEER”

I. BASIS FOR THE SELECTION

The primary move for a client in selecting an engineer is to define the scope of works in a project. The
client determines performance requirements. The following are factors in the selection process for the
private sector:
1. Reputation of the civil engineer as referred by the previous clients.
2. Validity of registration from PRC.
3. Qualifications and expertise in performing services.
4. Ability to assign a qualified staff on site to take charge of the project.
5. Possession of financial and business resources to accomplish the assignment.

“For government projects, EO 164 and PD 1594 as amended apply to procurement of consulting services
and selection of contractor for construction.”

Executive Order No.164 — PROVIDING ADDITIONAL GUIDELINES IN THE PROCESSING AND APPROVAL OF
CONTRACTS OF THE NATIONAL GOVERNMENT.

SECTION 1. Ceiling for infrastructure Contracts — The following shall be the ceilings for all civil works,
construction and other contracts for infrastructure projects, including supply contracts for said projects,
awarded through public bidding or through negotiation, which may be approved by the Secretaries of
Public Works and Highways, Transportation and Communications, Local Government with respect to
Rural Road Improvement Project, and governing boards of government-owned or controlled
corporations.
SECTION 2. Contracts for Approval by the President — Contracts for infrastructure projects, including
contracts for the supply of materials and equipment to be used in said projects, which involve amounts
above the ceiling provided in the preceding section shall be approved by the President: Provided, That
the President may, when conditions so warrant, and upon recommendation of the National Economic
and Development Authority, revise the aforesaid ceilings of approving authority
SECTION 3. Approval of Consultancy Contracts — All purely consultancy contracts relating to
infrastructure projects, regardless of amount, shall be approved by the Secretaries concerned, in
accordance with the Guidelines on the Hiring of Consultancy to be promulgated by the National
Economic and Development Authority: Provided, That the National Economic and Development
Authority shall be furnished by the departments, agencies or government corporations concerned,
copies of all consultancy contracts entered into by them involving an amount in excess of P1 million for
monitoring purposes.
SECTION 4. Delegation of Authority to Governing Boards of Government Corporations — The Secretaries
are hereby authorized to delegate to the governing boards of government-owned or controlled
corporations which are attached to or are under the administrative supervision of their respective
departments, the authority to approve contracts for infrastructure projects entered into by said
corporations involving amounts which are beyond the ceiling provided for government corporations
under Section 1 hereof but which are within the approving authority of the Secretaries concerned under
the said Section.
SECTION 5. Public Bidding of Contracts; Exceptions — As a general rule, contracts for infrastructure
projects shall be awarded after open public bidding to bidders who submit the lowest
responsive/evaluated bids. Open Public Bidding shall be conducted among pre-qualified contractors in
accordance with existing laws, rules and regulations not inconsistent with the provisions of this Executive
Order. The Award of such contracts through negotiation shall not be allowed by the Secretary or
Governing Board of the Corporation concerned within the limits as stated in Section 1.
SECTION 6. Contracts for Community Employment and Development Program Projects — Contracts
covering projects under the Community Employment and Development Program of the government
shall be awarded through open public bidding: Provided, that the invitation to bid for the said projects
shall be advertised at least once within one week in a newspaper of local circulation within the province
where the project is situated, through posting of notices in the premises of the municipal/provincial office,
and through other forms of media, such as radio and television: Provided, further, That the deadline for
submission of bids for projects costing not more than P1 million each may be shortened for one week
after the date of such invitation.
SECTION 7. Constitution of the Prequalification, Bids and Awards Committee — Each
department/Office/agency shall have in its head office or in its implementing offices a Prequalification,
Bids and Awards Committee which shall be responsible for the conduct of prequalification of
contractors, biddings, evaluation of bids.
SECTION 8. Approval of Other Types of Government Contracts — All other types of government contracts
which are not within the coverage of this Executive Order shall continue to be processed and approved
in accordance with existing laws, rules and regulations.
SECTION 9. Applicability of Presidential Decree No. 1594 and Its Implementing Rules — The provisions of
Presidential Decree No. 1594 and its Implementing Rules and Regulations shall, except as modified in this
Executive Order, continue to be applicable.
SECTION 10. Repealing Clause — All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.
SECTION 11. Effectivity — This Executive Order shall take effect immediately. Done in the City of Manila,
this 5th day of May, in the year of Our Lord, nineteen hundred and eighty-seven.

Presidential Decree No. 1594 — PRESCRIBING POLICIES, GUIDELINES, RULES AND REGULATIONS FOR
GOVERNMENT INFRASTRUCTURE CONTRACTS.

SECTION 1. Policy Objectives — It is the policy of the government to adopt a set rules and regulations
covering government contracts for infrastructure and other construction projects which shall:
(a) bring about maximum efficiency in project implementation and minimize project costs and contract
variations through sound practices in contract management;
(b) promote a healthy partnership between the government and the private sector in furthering national
development; and
(c) enhance the growth of the local construction industry and optimize the use of indigenous manpower,
materials and other sources.
SECTION 2. Detailed Engineering — No bidding and/or award of contract for a construction project shall
be made unless the detailed engineering investigations, surveys, and designs for the project have been
sufficiently carried out in accordance with the standards and specifications to be established under the
rules and regulations to be promulgated pursuant to Section 12 of this Decree so as to minimize quantity
and cost overruns and underruns, change orders and extra work orders, and unless the detailed
engineering documents have been approved by the Minister of Public Works, Transportation and
Communications, the Minister of Public Highways, of the Minister of Energy, as the case may be.
SECTION 3. Prequalification of Prospective Contractors — a prospective contractor may prequalified to
offer his bid or tender for a construction project only if he meets the following requirements.
SECTION 4. Bidding — Construction projects shall generally be undertaken by contract after competitive
public bidding. Projects may be undertaken by administration or force account or by negotiated
contract only in exceptional cases where time is of the essence, or where there is lack of qualified bidders
or contractors, or where there is a conclusive evidence that greater economy and efficiency would be
achieved through this arrangement, and in accordance with provision of laws and acts on the matter,
subject to the approval of the Ministry of Public Works, Transportation and Communications, the Minister
of Public Highways, or the Minister of Energy, as the case may be, if the project cost is less than P1 Million.
SECTION 5. Award and Contract — The contract may be awarded to the lowest prequalified bidder
whose bid as evaluated complies with all the terms and conditions in the call for bid and is the most
advantageous to the Government.
SECTION 6. Assignment and Subcontract — The contractor shall not assign, transfer, pledge, subcontract
or make any other disposition of the contract or any part of interest therein except with the approval of
the Minister of Public Works, Transportation and Communications, the Minister of Public Highways, or the
Minister of Energy, as the case may be.
 SECTION 7. Responsibility of the Contractor — The contractor shall assume full responsibility for the
contract work until its final acceptance by the Government and shall be held responsible for any
damage or destruction of works except those occasioned by force majeure.
SECTION 8. Adjustment Contract Price — Adjustment of contract price for construction projects may be
authorized by the Minister of Public Works, Transportation and Communications, the Minister of Public
Highways, or the Minister of Energy, as the case may be, upon recommendation of the National
Economic and Development Authority, if during the effectivity of the contract, the cost of labor,
equipment, materials and supplies required for the construction should increase or decrease due to
direct acts of the Government.
SECTION 9. Change Order and Extra Work Order — A change order or extra work order may be issued
only for works necessary for the completion of the project and, therefore, shall be within the general
scope of the contract as bidded and awarded. All change orders and extra work orders shall be subject
to the approval of the Minister of Public Works, Transportation and Communications, the Minister of Public
Highways, or the Minister of Energy, as the case may be.
SECTION 10. Inspection and Construction of Contract Work — Inspection of the contract work shall be
made by the Government while such contract work is in progress to ascertain that the completed works
comply in all respects with the standards and requirements set forth in the contract documents.
Notwithstanding such inspection, the contractor shall be held responsible for the acceptability of the
finished works.
SECTION 11. Government's Right to Take Over Contract Work — The Government may take over the
contract work should the contractor abandon the contract work, or unduly delay the prosecution of the
contract work, or become insolvent, or assign his assets for the benefit of his creditors, or be adjudged
bankrupt, or assign the contract work without written approval by the Government, or violate any
condition or term of the contract.
SECTION 12. Implementing Rules and Regulations — The Minister of Public Works, Transportation and
Communications, as the lead official, the Minister of Public Highways, the Minister of Energy, and the
Director-General of the National Economic and Development Authority, shall jointly promulgate the rules
and regulations to implement the provisions of this Decree.
SECTION 13. Separability Clause — If any provision of this Decree is held unconstitutional, the other
provisions shall remain valid.
SECTION 14. Repealing Clause — All Acts, Charters, Decrees, Letters of Instructions, Executive Orders,
Proclamations, rules and regulations or parts thereof in conflict with the provisions of this Decree are
hereby repealed or modified accordingly.
SECTION 15. Effectivity — This Decree shall take effect immediately.

II. CLIENT'S SELECTION COMMITTEE

In big organizations, the person designated to select the civil engineer should be familiar with the project
requirements and should be free from pressure - internal or external. The committee should comprise of
three individuals, one of which is a professional civil engineer. The individuals should demonstrate
objectivity. Additionally, at least one should be thoroughly familiar with civil engineering practices.

III. QUALIFICATIONS-BASED SELECTION PROCEDURE

If the client has a satisfactory relationship with the civil engineer, there are steps which can be skipped
in the procedure. The procedure is as follows:
1. Statement of:
• General nature of the project.
• Services required.
• Request statements.
• CE qualifications and experience.
2. Prepare a budget expected from the potential civil engineer.
3. Evaluate statements. Select the best three civil engineers or firms.
4. Correspondence with the chosen engineers.
A. Describe the project in detail including:
a) Scope of the project
 b) Services required
B. Proposal for the engineer to describe:
a) Plan for managing
b) Plan for performing the required services
c) Assigned personnel
d) Proposed schedule
e) Experience with similar projects
f) Office location where services will be performed
g) Financial standing
h) Present workload
i) References
5. Interview and discussion.
6. Check with recent clients of each engineer about the performance of services.
7. List the engineers of preference.
8. The best qualified engineer is invited to develop a detailed scope.
9. The engineer's proposed compensation should be taken into account.
10. If negotiations fail, inform the first civil engineer or firm through writing about termination of
negotiation and then proceed to the second engineer.
11. When an agreement (scope, schedule, compensation) has been reached, a written contract is
finalized.

IV. SELECTION PROCEDURE FOR "LEVEL OF EFFORT" CONTRACTS

Bidding may sometimes be unsuitable for the project thus consulting civil engineers opt for level of effort.
After furnishing all necessary data, negotiation in this type proceeds like steps 9-11 in QBS system.

V. CONCLUSION
The article consists of two chapters. The first chapter discusses the unique nature of a civil engineer's work
and offers suggestions for the selection of a civil engineer. The second chapter outlines the basis for the
selection process for both the private and government sectors, along with the relevant regulations,
including Executive Order No. 164 and Presidential Decree No. 1594. These regulations cover the
selection and procurement of consulting services, construction contractors, and infrastructure projects.
The article emphasizes the importance of selecting qualified and reputable engineers, complying with
relevant regulations, and promoting efficient and cost-effective project implementation.