DP2

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

DP2

Does the covert off-contract structure of the gift condition, or the coercive threat of professional exclusion for non-compliance, alter Roe's ethical obligation to refuse participation in the corrupt procurement arrangement?

Roe is aware that the gift condition is deliberately excluded from the written contract — the arrangement is structured so that the corrupt payment obligation exists entirely off-contract, creating a facade of contractual legitimacy while concealing the true basis for contract award. Roe must decide whether the covert, off-contract nature of the arrangement changes his ethical obligations, and whether the coercive dimension — where refusal to give gifts results in poor cooperation on already-awarded work and exclusion from future contracts — provides any ethical justification for acquiescence.

Treat the coercive structure — threatened poor cooperation and future exclusion — as a form of professional compulsion that mitigates ethical responsibility, and proceed with the gift-giving on the grounds that no genuine choice exists.

Recognize that the deliberate exclusion of the gift condition from the written contract heightens rather than reduces the ethical violation by reflecting intentional concealment of corrupt conduct, and refuse to participate regardless of the coercive consequences.

Pause the procurement process and seek formal guidance from the NSPE Board of Ethical Review or legal counsel before making any decision about the gift condition, using the consultation process to establish a documented record of good-faith ethical inquiry.

Roe (International Engineering Firm Principal)