DP2

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

DP2

Should Engineer X accept the agency's direct prime solicitation and fully disclose his prior informal subconsultant arrangements with Firms A and B, or respond without disclosing those arrangements while reserving his decision on acceptance?

Engineer X, having been arranged as subconsultant by both competing Firms A and B, is directly solicited by the government agency to submit qualifications for prime engagement. He must decide whether to accept the direct prime engagement and, critically, whether to disclose his prior informal subconsultant arrangements with both firms when submitting his qualifications. This decision point addresses the anti-supplanting threshold, the permissibility of agency-initiated direct engagement, and the independent honesty obligation to disclose material prior arrangements.

Submit qualifications for direct prime engagement, affirmatively disclose to the agency the existence of prior informal subconsultant arrangements with both Firms A and B, confirm willingness to serve as prime professional, and resolve any conflicts arising from those prior arrangements before executing any contract.

Submit qualifications in response to the agency's direct solicitation without disclosing the prior informal subconsultant arrangements with Firms A and B, on the basis that no definite selection steps have been taken by either firm and the arrangements were informal and non-binding, leaving the agency to conduct its own procurement assessment.

Decline the agency's direct solicitation out of loyalty to the prior informal arrangements with Firms A and B, notifying the agency that he has existing commitments to other firms in the procurement and is not available for direct prime engagement, thereby preserving the relational integrity of those arrangements even absent a formal contractual obligation.

Engineer X