DP2

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

DP2

Should Engineer C disclose the constructability deficiencies and unbuildable elements he identified in the bidding documents to the local public agency before submitting his bid, or submit the low bid without disclosure and raise those concerns only after winning the contract?

Engineer C, owner of Hi-Lo Construction and a licensed professional engineer, reviewed the dam project bidding documents, formed a professional judgment that significant portions of the design were incomplete and that certain elements were unbuildable without major changes, and then submitted the low bid without disclosing those concerns — raising the unbuildability claim only at the pre-construction conference after the contract had been awarded to his firm.

Before submitting a bid, formally notify the local public agency of the specific constructability deficiencies and unbuildable elements identified through professional review of the bidding documents, request a clarification or corrective addendum, and either await resolution before bidding or include explicit bid items for the additional design and construction work required to complete the project as buildable.

Submit the low bid on the documents as issued, treating the constructability concerns as a contractor's risk assessment and business judgment, and raise the unbuildability issues at the pre-construction conference after contract award when the scope and cost implications can be negotiated directly with the agency.

Submit a bid that includes explicit contingency line items or allowances reflecting the additional design development and construction work that the incomplete documents will foreseeably require, without separately notifying the agency of the deficiencies, on the basis that the bid itself signals the document inadequacy through its pricing structure.

Engineer C