DP5

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

DP5

Does Engineer A's obligation to serve the public interest permit him to weigh Firm B's prior strong performance on City X projects as a factor in deciding whether to accept the late submittal, or does the QBS framework categorically exclude prior performance from the procedural compliance determination?

The resolution of the apparent tension between the Procurement Integrity Over Qualification Merit Balancing Principle and the Public Welfare Paramount principle — specifically whether Engineer A may weigh Firm B's demonstrated competence on prior City X projects as a mitigating factor in the compliance determination, and whether the consequentialist argument for acceptance has any legitimate weight in Engineer A's ethical decision-making at the procedural stage.

Reject Firm B's submittal as procedurally non-compliant without considering Firm B's prior performance record, treating the compliance determination as categorically separate from the merit evaluation stage and returning the envelope unopened

Accept Firm B's submittal into the evaluation pool while documenting the procedural irregularity, treating Firm B's demonstrated competence on prior City X projects as a mitigating factor that, in combination with the apparent harmlessness of the error, justifies a public-interest exception to strict deadline enforcement for this safety-critical building project

Reject Firm B's submittal as procedurally non-compliant but simultaneously recommend to City X procurement authorities that the RFQ be re-issued with an extended deadline to allow all interested firms — including Firm B — to resubmit, on the grounds that the city manager's office acceptance of the envelope created a city-side irregularity that compromises the fairness of proceeding solely on the 13 compliant submittals

Engineer A - QBS Administrator Balancing Procurement Integrity and Public Welfare