DP4

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP4

Should the joint venture formed by the U.S. Agency engineers and the private consulting firm disclose the engineers' prior public role and insider knowledge to the foreign government client and all competing firms before submitting a proposal, or may the joint venture treat that insider advantage as a proprietary competitive asset requiring no disclosure?

The competing engineering firms that submitted proposals for the hydroelectric project lacked access to the preliminary design knowledge and owner relationships cultivated by the U.S. Agency engineers through their public employment. The joint venture's structural informational advantage — derived from publicly-funded work product and personal acquaintance with the project owner — was not disclosed to the foreign government client or to competing firms at the time of proposal submission, denying them the information necessary to assess or challenge the procurement's integrity.

Before submitting a proposal, disclose the engineers' prior public role in preparing the basic plans and the nature of their insider knowledge and owner relationships to the foreign government client and to all competing firms, enabling the client to make an informed procurement decision and allowing competitors to assess whether to challenge the joint venture's participation.

Disclose the engineers' prior public role to the foreign government client as the procuring authority — who bears ultimate responsibility for procurement integrity — without separately notifying competing firms, on the basis that the disclosure obligation runs to the client alone and that the client may then decide whether to restructure the competition.

Treat the engineers' specialized knowledge and owner relationships as proprietary professional credentials that require no disclosure beyond standard qualifications statements, on the basis that all competitors are free to develop equivalent expertise and relationships through their own professional efforts and that the procurement system does not require leveling of informational advantages.

Joint Venture (U.S. Agency Engineers and Private Consulting Firm)