DP4

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

DP4

Given that Firm A received specific individualized deficiency feedback at a public meeting, does the equal-amendment-opportunity condition fully discharge Firm A's fairness obligations to competing firms, or must Firm A take additional steps to neutralize the informational advantage it gained?

The screening committee's deficiency feedback was delivered at a public meeting, meaning all seven competing firms and members of the public were theoretically present or could access the proceedings. Firm A received specific, individualized feedback identifying its joint venture's technical shortfall. The question arises whether the public nature of the feedback delivery changes the ethical calculus regarding the informational advantage Firm A gained, and whether the equal-amendment-opportunity condition fully neutralizes that advantage or whether additional remediation is required.

Proceed on the basis that conditioning the amendment request on equal opportunity for all seven firms fully neutralizes the informational advantage gained from individualized public feedback, accepting that the public nature of the meeting means all competitors had equivalent theoretical access to the same information.

Go beyond the equal-amendment condition by directly notifying all six other competing firms of the specific deficiency feedback Firm A received, ensuring that any informational asymmetry arising from differential attention to or presence at the public meeting is actively eliminated rather than merely procedurally offset.

Recognize that the equal-amendment condition may not fully neutralize the advantage of receiving targeted, actionable feedback, disclose this concern transparently to the utility authority, and defer to the authority's judgment — informed by legal counsel — about whether additional procedural steps are needed to preserve competitive integrity.

Firm A (Joint Venture Lead)