DP1

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

DP1

Should Engineer A participate in advising on and concurring in the selection of Engineer B for the road design contract, or should he recuse himself from the selection process on the ground that his private firm stands to benefit competitively from the outcome?

When Smithtown asks Engineer A — in his capacity as part-time town engineer — to advise on and concur in the selection of Engineer B for the road design contract, Engineer A must decide whether to participate in that selection process. Engineer A's private consulting practice is capable of performing the same road design work and could foreseeably benefit if the selected contractor later fails or is terminated. Participating fulfills his faithful agent duty to Smithtown but simultaneously creates an undisclosed structural conflict of interest that taints the entire downstream procurement chain.

Engineer A formally notifies Smithtown that his private consulting practice is capable of performing the same road design work, creating a foreseeable competitive interest in the selection outcome, and withdraws from all advisory participation in the contractor selection process so that an unconflicted party can evaluate and recommend candidates.

Engineer A discloses to Smithtown that he maintains a private practice but proceeds to advise on and concur in Engineer B's selection, relying on disclosure alone to manage the conflict without recusing from the advisory role.

Engineer A advises on and concurs in Engineer B's selection in his capacity as town engineer without disclosing to Smithtown that his private firm could competitively benefit if the selected contractor fails, treating the advisory role as fully separate from his private commercial interests.

Part-Time Municipal Advisory Engineer with Competing Private Practice