DP9

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

DP9

Should the public agency require Firm A to submit a written technical scope and staffing plan demonstrating economic feasibility before executing the award, or proceed to award based on price alone without independent verification of Firm A's capacity to deliver competent bridge design services at $50,000?

Fee-Based Public Engineering Procurement Authority: Safety Verification Obligation Before Award of Contract to Dramatically Low-Fee Bidder

Before executing the award to Firm A, require all shortlisted firms — or at minimum the apparent low bidder — to submit a written technical scope and staffing plan demonstrating how competent bridge design services will be delivered at the proposed fee, enabling the agency to independently verify economic feasibility and discharge its safety verification obligation before contract execution.

Proceed to award the contract to Firm A as the low bidder, relying on the agency's prior pre-qualification of all three shortlisted firms as evidence of baseline competence and treating fee adequacy as the professional responsibility of the submitting firm rather than an independent agency verification burden, consistent with the price-inclusive selection procedure the agency adopted.

Before executing the award, convene a targeted pre-award clarification meeting with Firm A to request an oral or written explanation of the economic basis of its $50,000 proposal — without imposing a formal scope-and-staffing submission requirement on all bidders — thereby conducting a proportionate, focused verification of the material red flag created by the extreme fee disparity while minimizing disruption to the procurement timeline.

Fee-Based Public Engineering Procurement Authority