Registration Procedure For Consulting Engineers:

See consulting bye law 6, 7, 8 below.

(6) SELECTION PROCESS

• All consulting engineering services in Pakistan shall be entrusted only to consulting engineers duly registered as such with the Council.
• Foreign firms of consulting engineers shall have to get themselves registered as consulting engineers for specified projects which need expertise and specialized knowledge not available with Pakistani consulting engineers, shall enter into a joint venture with a Pakistani consulting engineer and in such joint venture, the services to be rendered by the foreign firm of consulting engineers shall be limited to the expertise and knowledge not available with any Pakistani consulting engineer : Provided that this clause shall not apply to foreign firms of consulting engineers who pay a visit to Pakistan under transfer of technology agreements on short assignments for which prior approval of Pakistan Engineering Council for specified project thereof is obtained by the employer concerned.
• The employer will adopt an equitable method of selection of a consulting engineer for a particular project similar to the selection procedure detailed in bye-laws 7 and will ensure that the following basic requirements are met, namely :-
  • All work is entrusted only to Pakistani consulting engineers, foreign consulting engineers are associated with Pakistani consulting engineers only to the extent of expertise and specialized knowledge not available in Pakistan.
  • Specific technical know-how required for the project is available with the consulting engineer which can be verified from a record of his past experience, the curricula vitae of the staff on the roles of the consulting engineer and information on manpower committed to project already in hand.
  • The persons on the rolls of the consulting engineer and to be employed on the project have the experience to perform the requisite services.
  • The selection of the consulting engineer is based on his professional competency and not only on the price quoted by him.
  • Previous performances of the consulting engineer as evidenced by the performances reports given by previous employers are satisfactory.
  • A provision may be made in the agreement with the consulting engineer for the settlement of any differences by arbitration under the arbitration Act, 1940, before recourse to any other legal action under the law of the country.
  • The professional charges / fees of the consulting engineer are determined by any of the various bases prescribed in Appendix A to these Bye-laws, and if any doubt or difference of opinion arises in respect of any provision of that Appendix, the matter shall be referred to the Federal Government for clarification.
  • Selection of consulting engineers is done through open and fair competition and no preference is given to any consulting engineer for reasons of his being in the public or the private sector.

(7) SELECTION PROCEDURE

• The employer will publicly notify the scope of work of a project for which he needs the services of a consulting engineer, and will invite prequalification applications from consulting engineers registered with the Council : Provided that this clause shall not apply to the technical assistance programs and be governed by the terms of the agreement with foreign government or agency.
• Based on the information received from the consulting engineers as to their qualifications, experience, availability of the requisite personnel specialized in the field of work required for the project and other pertinent aspects, the employer will pre-qualify consulting engineers for the project and will invite these pre-qualified consulting engineers to submit their technical and financial proposals in separate sealed envelopes by a certain date. While inviting proposals the employer will afford full and equal opportunity to all the invited consulting engineers to inspect the site, make any enquiries and investigations that they consider pertinent for the project and make available any data that would help the consulting engineers to prepare their proposals.
• On receipt of the proposals the employer will appoint a suitably qualified committee to evaluate the technical proposals of all the contestants, the committee will evaluate each technical proposal as regards the understanding of project needs, methodology work plan, time schedule, experience and qualifications of personnel to be assigned, present work load and other pertinent aspects in relation to the services required of the consulting engineer. No special weightage in the evaluation will be given to any consulting engineer for reason of his being in the public or the private sector. The committee will rank the consulting engineers in order of their suitability for the particular project.
• The employer will then open the financial proposals of the three top ranking consulting engineers in the presence of such consulting engineers who care to be present and will publicly announce the prices and terms of all three proposals.
• The top ranking consulting engineer will first be invited to negotiate a contract with the employer. If agreement is not reached, the negotiations will be terminated and the consulting engineer notified in writing to this effect by explaining the points of disagreement. A similar negotiation will then follow with the second consulting engineer and failing accord with the second, the third, consulting engineer will be called in for negotiations a similar manner.
• In the event no agreement is reached with any of the top ranking three consulting engineers, the employer will have the option to follow the procedure described in clause (4) and (5) for the remaining contestants.

REGISTRATION AND PENALTIES

• For initial registration in accordance with these Bye-laws and subsequent annual renewals, the consulting engineers shall submit application to the Council on the form prescribed at Appendix B. The application for renewal shall be submitted to the Council by the 1st day of November of every year based on consulting engineer’s status as on 31st of October of the same year. The Council after scrutinizing the application and obtaining any further information or clarification from the consulting engineer as it may deem necessary, may register or renew the registration of the consulting engineer for the following year or refuse registration or renewal if the information supplied by the consulting engineer in the opinion of the Council does not meet the requirements of these Bye-laws. After applying for renewal the consulting engineer may continue to practice while his application is pending with the Council unless and until the Council refuses in writing to renew the registration.
• A consulting engineer shall inform the Council of any events taking place following his registration or renewal therefore, which render him ineligible for continuation of registration in accordance with these Bye-Laws. On receipt of such information, the Council may decide to continue the validity of registration until the date of next renewal or suspend or cancel the registration as it may deem fit.
• Any infringement of these Bye-laws by a consulting engineer shall render him liable to punitive action by the Council as it may deem fit. Such action may amount to suspension for a period of time or removal of the name of the consulting engineer from the register of consulting engineers.
• Submission of information to the Council by a consulting engineer which is found to be false or intentionally misrepresented shall be considered as misconduct and such consulting engineer shall be liable to be punished in accordance with the provision of the Act.
• Any person who practices the profession of consulting engineering in Pakistan without valid registration by the Council and any person who abets or helps such unauthorized practice or any person or organization who infringes or helps in the infringement of these Bye-laws shall be liable to be punished in accordance with the provision of the Act.