Selection of Firm—Promise of Future Engineering Work on a Public Project
Case 117
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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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It was not ethical for Engineer C to promise to select Engineer A’s firm on a future engineering project for City X.
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The manner in which engineers and engineering firms are selected and compensated has, in the past, been the subject of various provisions of the NSPE Code of Ethics as well as NSPE Board of Ethical Review opinions. However, over the past 40 years, as a result of a series of actions undertaken by the U.S. Justice Department, antitrust, and First Amendment rulings by the U.S. Supreme Court, NSPE and other engineering organizations (as well as medical, legal, dental, and accounting professional societies) have been required to remove or modify Code of Ethics provisions. These provisions relate to professional selection, compensation, restrictions on competitive bidding, free engineering, supplanting, advertising, and other practices. Therefore, these professional groups, including NSPE, are prohibited from issuing ethical or other policy guidance in these and other areas. At the same time, among one of the most fundamental outcomes of these antitrust actions and rules was the basic principle that federal, state, and local laws governing procedures to procure engineering services are not affected and remain in full force and effect. The Board believes that this case should be viewed in light of that basic principle. For purposes of this case, this Board is assuming that public procurement laws and regulations were in place that outlined the policies and the procedures for selecting an engineering firm. Assuming that was the case under the present facts, it is the Board’s view that Engineer C’s action in verbally agreeing to select Engineer A’s firm on a future engineering project for City X would constitute a subversion or a misuse of the existing procurement policies and procedures in place in City X. Regardless of the method of professional selection utilized in City X, one must assume that the method would, at a minimum, involve public announcement along with free and open opportunity for all qualified and eligible engineers and engineering firms to be considered for...
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2026-02-13 16:13
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2026-02-13 16:13
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Engineer A is a principal in a medium-sized engineering firm with expertise in mechanical and electrical engineering. Engineer A’s firm is retained on a speculative basis by Engineer B, a local civil engineer, to assist City X in applying for a federal grant for certain wastewater treatment equipment upgrades for the city’s wastewater treatment facility. The application is successful, City X obtains the grant, and Engineer B is retained to design the waste water equipment upgrades. In recognition of Engineer A’s work in securing the grant, Engineer C, the chief city engineer, verbally promises to select Engineer A’s firm on a future engineering project for City X.
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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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Was it ethical for Engineer C to offer to select Engineer A’s firm on a future engineering project for City X?
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Find Similar CasesD-tuple Component Breakdown
36
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
NSPE Board of Ethical Review
Adjudicates the present case, viewing it in light of the principle that federal, state, and local procurement laws...
Engineer A Consultant Engineer
Engineer A's firm was retained on a speculative basis by Engineer B to assist City X in applying for a federal grant...
Engineer B Civil Design Engineer
Engineer B, a local civil engineer, retained Engineer A's firm on a speculative basis to assist City X in applying...
Engineer C Chief City Engineer
As chief city engineer, Engineer C verbally promised to select Engineer A's firm on a future engineering project for...
City X Client
City X applied for and obtained a federal grant for wastewater treatment equipment upgrades to its wastewater...
5 entities
Principles
P
w=0.2
384D
Proper Solicitation in Grant Assistance Arrangement
Engineer A's firm assists City X's federal grant application on a speculative basis arranged through Engineer B, and...
Procurement Integrity in City X Selection
The Board assumes public procurement laws and regulations outlining selection policies were in place in City X and...
2 entities
Obligations
O
w=0.15
384D
Engineer C Procurement Compliance Duty
Engineer C, as chief city engineer, must comply with applicable federal, state, and local procurement laws when...
Engineer A Proper Solicitation Duty
Engineer A must seek and obtain any future engineering engagement with City X only by proper means, not on the basis...
2 entities
States
S
w=0.1
384D
City X Procurement Laws In Force
Speculative Grant Assistance Retention
Verbal Promise of Future Selection
City X Federal Grant Obtained
Engineer B Design Retention
Engineer C Promise Procurement Subversion
NSPE Antitrust Guidance Prohibition
7 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: professional selection and compensation of engineers)
1 entity
Actions
A
w=0.1
384D
Speculative Retention
Speculative Engagement Acceptance
Design Contract Retention
Verbal Selection Promise
Code Provision Modification
5 entities
Events
E
w=0.08
384D
Grant Application Success
Antitrust Legal Rulings
Procurement Laws Preserved
3 entities
Capabilities
Ca
w=0.07
384D
Engineer C Procurement Law Awareness
As chief city engineer, Engineer C's duty to comply with the procurement laws and regulations in place in City X...
Engineer B Wastewater Design
After City X obtained the federal grant, Engineer B, a local civil engineer, was retained to design the wastewater...
Engineer A Disciplinary Competence
Engineer A is a principal in a medium-sized engineering firm whose expertise lies in mechanical and electrical...
Engineer A Grant Application Assistance
Engineer A's firm was retained on a speculative basis to assist City X in applying for a federal grant for...
NSPE Board Normative Framework Assessment
The Board identifies the governing framework, assuming public procurement laws and regulations were in place, holds...
NSPE Board Precedent Reasoning
The Board reasons from the forty year history of antitrust actions and Supreme Court rulings that reshaped Code of...
6 entities
Constraints
Cs
w=0.08
384D
Engineer A Contingent Retention Boundary
Engineer A must not accept a commission on a contingent or speculative basis under circumstances in which the firm's...
NSPE Selection Guidance Prohibition
NSPE and its Board of Ethical Review must not issue ethical or other policy guidance in the areas of professional...
Engineer C Procurement Award Boundary
Engineer C must not commit City X to selecting Engineer A's firm for a future engineering project outside the...
Engineer A Award Influence Boundary
Engineer A must not seek or accept the award of a future City X engineering contract on the basis of the verbal...
Engineer C Procurement Subversion Prohibition
Engineer C must not verbally agree in advance to select Engineer A's firm for a future City X engineering project,...
5 entities
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