Content Length
3842 chars
Plain Text Length
3842 chars
Embedding Dimension
384
Compatible
Content Preview
We note preliminarily that competitive bidding is not at issue in this case. Accordingly, previous opinions of the Board of Ethical Review based on provisions relating to bidding are not pertinent in this case. We also note preliminarily that the procedure described in the facts is contrary to the practice of most public agencies, local, state, and federal, which select engineering firms on the basis of professional qualification, followed by negotiation with the best qualified firm, in accordance with state and local laws, ordinances, and regulations, and in accordance with federal law under the Brooks Act. However, because a few public bodies have adopted the method described in the facts above, the profession is in need of ethical guidance with respect to compliance with those procedures. It is fundamental to engineering ethics that the engineer may not offer or perform services which endanger public safety and health. This principle is articulated in 2 and 2(a) of the code, cited above. Section 11 of the code also states a principle which applies to Firms A, B, and C, namely that engineers shall not attempt to obtain professional engagements by "improper or questionable methods." Section 12 of the code makes it clear that Firms B and C are not permitted to attempt to injure the interests of Firm A for the purpose of advancing the interests of Firms B and C. Section 12 also dictates, however, that Firms B and C are permitted, or required, to present information to the responsible government agency (i.e., "the proper authority") if Firms B and C believe that Firm A's action endangers public health and safety. This board has not been presented with technical analysis of the engineering requirements for the facility at issue, and expresses no view as to whether any or all of the bids are consistent with professional standards. We observe that Firm A's bid was $70,000 less than the bid of Firm B, and that Firm B's was $80,000 less than the bid of Firm C. These facts,...