DP2

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

DP2

Should Engineer B use the substantive content of Engineer A's qualifications — obtained through the FOIA request — to calibrate or strengthen his own submission, or should he refrain from exploiting that content for any competitive purpose in the same procurement?

Having lawfully obtained Engineer A's qualifications through the FOIA request, Engineer B faces a second and distinct ethical decision: whether to use the substantive content of Engineer A's submission — including project descriptions, personnel credentials, methodologies, and competitive differentiators — to tailor, improve, or strategically position his own qualifications submission for the same procurement. The Board's clearance of the FOIA request as ethical applies narrowly to the act of filing; the downstream use of the information obtained raises independent ethical concerns about improper competitive advantage and potential deception under the NSPE Code.

Engineer B reviews Engineer A's qualifications only to understand the general competitive landscape and refrains from using any substantive content — project descriptions, personnel credentials, methodologies, or competitive differentiators — to tailor, improve, or strategically reposition his own qualifications submission for the same procurement.

Engineer B treats Engineer A's FOIA-disclosed qualifications as lawfully available competitive intelligence and uses insights from that submission to strengthen his own qualifications, on the grounds that public disclosure under FOIA renders the information freely usable and that competitive awareness is a legitimate professional purpose.

Engineer B refrains from using Engineer A's qualifications to alter his written submission but uses the disclosed information to prepare for the interview stage — anticipating comparative questions and identifying competitive differentiators — on the grounds that the written submission is already finalized and the interview is a distinct evaluative phase.

Engineer B