Selection of Firm—FOIA Request
Case 141
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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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It was ethical for Engineer B to make the FOIA request in connection with the state’s procurement of engineering services, pursuant to the State’s RFQ procedures. However, in order to avoid any appearance of impropriety, Engineer B should have made the FOIA request subsequent to Engineer B’s firm’s submitting its RFQ.
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The practice of engineering is a business as well as a profession. Engineers and engineering companies compete within the legal framework that exists at the local, state, and federal levels. While certain practices and activities are clearly beyond what is legally and ethically acceptable, it is also clear that free and open competition is a basic rule that generally exists under local, state, and federal laws and regulations.
At one time, the NSPE Code of Ethics contained provisions (e.g., prohibiting advertising, prohibiting competitive bidding) that were deemed to conflict with the notion of free and open competition by government regulators and those provisions were eventually removed by NSPE. The NSPE Board of Ethical Review’s purpose here is not to reevaluate any of those issues, but instead to place the important and serious issue of free and open competition in the context of engineering practice.
Conflicts between engineering firms are not new, and over the years the Board has examined these issues. One example is BER Case No. 93-3. In that case, Engineer A was retained by a major franchiser to provide engineering design services for a chain of stores throughout the United States. After several years, the franchiser decided to terminate its relationship with Engineer A and provided a notice of its intent not to renew its contract with Engineer A's firm. In order to maintain continuity and before the contract expired, the franchiser began discussions with Engineer B and retained Engineer B to provide immediate review of design concerns that were pending in connection with the design of several franchise facilities throughout the U.S.
Prior to the review, franchiser specifically told Engineer B not to disclose to their relationship to Engineer A. Nevertheless, Engineer B reviewed the design information the following week and following his review, notified Engineer A of his relationship with franchiser and the preliminary results of his review. Several week...
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Created
2026-02-13 16:13
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2026-02-13 16:13
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In response to a public request for qualifications (RFQ), Engineer A submits his firm’s engineering qualifications to a state agency for a public project using the state’s public procurement procedures. Prior to the interview process, Engineer B, a competitor of Engineer A, whose firm also intends to respond to the same RFQ, submits a state Freedom of Information Act (FOIA) request in order to obtain a copy of the qualifications information Engineer A submitted to the state. The state provides the information to Engineer B. Thereafter, Engineer B submits his firm’s engineering qualifications to the state agency for the same public project.
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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 B to make the FOIA request in connection with the state’s procurement of engineering services?
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Find Similar CasesD-tuple Component Breakdown
37
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A Engineer
Submitted his firm's engineering qualifications to a state agency in response to a public RFQ; his submitted...
NSPE Board of Ethical Review
Adjudicating professional ethics body analyzing the present case. It frames free and open competition in the context...
Engineer B Engineer
Submitted his firm's engineering qualifications to the state agency for the same public project after receiving...
Engineer B Competitor
As a competitor of Engineer A intending to respond to the same RFQ, submitted a FOIA request and obtained a copy of...
State Agency Procurement Agency
Issued the public RFQ, received qualifications submissions from Engineer A and Engineer B, and provided Engineer A's...
5 entities
Principles
P
w=0.2
384D
Loyalty as Faithful Agent
The Board holds that the point drawn from precedent is relevant to the case at hand, namely the role of the engineer...
Public Interest in Procurement Openness
The Board assumes the public procurement system was designed to advance the public interest in obtaining the most...
Free and Open Competition in Procurement
The Board places free and open competition in the context of engineering practice, notes that engineers and...
3 entities
Obligations
O
w=0.15
384D
Engineer B Procurement Compliance Duty
Engineer B must act in a manner consistent with the local, state, and federal laws and regulations governing the...
State Agency FOIA Compliance Duty
The state agency shall provide a copy of the qualifications information Engineer A submitted, upon receiving a valid...
2 entities
States
S
w=0.1
384D
Engineer B Procurement Conduct Compliance
Board Authority Limit On Procurement Rules
Public Procurement Procedures In Force
Pre-Interview Selection Window
FOIA Access To Submitted Qualifications
Competitor Holds Rival Qualifications
Confidential Information Public Submission Risk
Board Concern Over Request Timing
8 entities
Resources
Rs
w=0.1
384D
Engineer A Qualifications Submission
engineering qualifications for a public project
BER Case No. 93-3
BER Case No. 93-3 (topic: the role of the engineer as the employer or client's faithful agent and trustee in...
NSPE Code of Ethics
NSPE Code of Ethics (topic: professional conduct requirements for engineers, including the faithful agent and...
3 entities
Actions
A
w=0.1
384D
Code Provisions Removal
Information Release Decision
Qualifications Submission
FOIA Request Submission
Competing Qualifications Submission
5 entities
Events
E
w=0.08
384D
RFQ Issuance
Public Records Disclosure
Regulatory Conflict Determination
3 entities
Capabilities
Ca
w=0.07
384D
Engineer B Qualifications Submission
Engineer B exercised this competence by submitting his firm's engineering qualifications to the state agency for the...
State Agency Records Provision
The state agency exercised this competence by providing Engineer A's submitted qualifications information to...
Engineer A Qualifications Submission
Engineer A exercised this competence by submitting his firm's engineering qualifications to the state agency in...
Engineer B FOIA Request
Engineer B exercised this competence by submitting a state FOIA request prior to the interview process to obtain a...
Board Precedent Reasoning
The Board retrieves BER Case No. 93-3, recaps its faithful agent and trustee holding, distinguishes its facts from...
Engineer B Regulatory Compliance Assessment
Engineer B identified and used the applicable public procurement and public records framework, and the Board found...
6 entities
Constraints
Cs
w=0.08
384D
Engineer A Confidential Submission Caution
An engineer submitting qualifications to a public agency, as Engineer A did here, may wish to avoid including any...
Board Procurement Rules Review Limit
The NSPE Board of Ethical Review must not second guess or otherwise determine the appropriateness of the public...
2 entities
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