Approved by the Public Policy Committee on May 4, 2021
Adopted by the Board on Direction on July 16, 2021

Whereas; engineering services performed by private engineering firms on behalf of local, state, and federal public agencies are already subject to specific regulations and agency policies which serve to limit the risk of misuse of taxpayer funds; and

Whereas; government selection process for engineering services already includes a review of past performance and quality of work; and

Whereas; contracts between engineering firms and public agencies already include a not-to-exceed limit in almost all cases; and

Whereas; inherent in the professional relationship between engineering firms and public agencies is a level of trust that is required between any professional consulting firm and its clients; and

Whereas; the range of services performed by private engineering firms do not lend themselves to having their productivity measured in the form of keystrokes on a computer; and

Whereas; a large percentage of the work performed on engineering projects is not performed sitting in front of a computer, but instead working directly with clients and other team members, working in the field, attending meetings, or performing other functions necessary to the successful delivery of the project; and

Whereas; the common measure of productivity is delivery of the scope of work outlined in the contract; and

Whereas; a requirement mandating verification software would impose burdensome data collection, confidentiality, and retention requirements on contractors;

Therefore, be it resolved that the American Society of Civil Engineers (ASCE) opposes legislation that requires private businesses who contract with government agencies to install tracking devices or software on computers or electronic devices of employees of the private company that work on the project.

ASCE Resolution 558
First Approved 2019