Professional Selection—Receipt of Submission Beyond the Published Deadline

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Created
2026-02-13 16:13
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Engineer A should return the submittal to Firm B unopened with the explanation that the bid was received late.

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The integrity of the professional engineering selection process is critically important in assuring that the public receives high-quality engineering services at a fair and reasonable cost. The public QBS system seeks to advance this goal, establishing procedures and policies that provide appropriate protections for the public while at the same time recognizing the rights and responsibilities of the professional engineers and engineering firms that participate in the procurement processes. The NSPE Board of Ethical Review has previously examined ethical issues relating to the selection of engineering services in the public arena. For example, in BER Case 10-8, in response to a public request for qualifications (RFQ), Engineer A submitted his firm’s engineering qualifications for a public project to a state agency using the state’s public procurement procedures. Prior to the interview process, Engineer B, a competitor of Engineer A, whose firm also intended to respond to the same RFQ, submitted 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 then provided the information to Engineer B. Thereafter, Engineer B submitted his firm’s engineering qualifications to the state agency for the same public project. The NSPE Board of Ethical Review determined that 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, but that in order to avoid any appearance of impropriety, Engineer B should have made the FOIA request subsequent to and not before Engineer B’s firm submitted its RFQ. The Board noted that the referenced public procurement system was designed to advance the public interest in obtaining the most qualified engineering services and that the laws and regulations pertaining to that system were put into place to achieve that result. In this situation, overlo...

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Engineer A works for a public agency in City X. The city is seeking the services of a qualified engineering firm and is using QBS for the design of the new public building. Engineer A is the point of contact on the City X QBS review team for this project.The city conducted a mandatory pre-submittal meeting and received initial interest from 14 different firms. Thereafter, City X published the date, time, and location of the submittal for the Statements of Qualifications (SOQs) indicating all submittals must be received by the city in the city clerk’s office no later than 10:00 am on January 30. The date, time, and location were also listed in the city’s RFQ webpage and appeared on the hard copy agenda that was distributed at the pre-submittal meeting. Engineer A returned to his office in the afternoon on January 30 and was intercepted by the city manager’s administrative assistant, who had a large envelope bearing Engineer A’s name and the letterhead of Firm B, one of the firms that had participated in the pre-submittal meeting. Firm B had also performed well on several other engineering design projects for the city. The envelope was date- and time-stamped to indicate that the submittal was received on January 30 at 2:05 pm in the city manager’s office.

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What are Engineer A’s ethical responsibilities under the circumstances?
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44

Total Entities

9/9

Components Populated

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Roles R
w=0.12 384D
Engineer A QBS Review Engineer
Serves as the point of contact on the City X QBS review team and receives from the city manager's administrative...
City X Procurement Authority
Seeks a qualified engineering firm through QBS for a new public building, conducts a mandatory pre-submittal...
Firm B Competing Firm
Competes for the QBS engagement for the new public building; its Statement of Qualifications was received on January...
City Manager Administrative Assistant
Intercepts Engineer A in the afternoon on January 30 and hands over a large envelope bearing Engineer A's name and...
Board of Ethical Review Adjudicator
Adjudicates the present case, holding that a balance must be struck between selecting the most qualified firm and...
Public QBS Beneficiary
Identified by the Board as the beneficiary whose receipt of high-quality engineering services at a fair and...
6 entities
Principles P
w=0.2 384D
Qualified Firm Selection in QBS
The Board acknowledges that Engineer A may have been mindful of Firm B's past performance and may have viewed the...
Procurement Fairness in QBS Submittal
City X published a uniform submittal deadline of 10:00 am on January 30 at the city clerk's office through the RFQ...
Procurement Integrity in QBS Submittal
The Board reasons that even though Firm B's misdelivery had no apparent nefarious cause and might be viewed as a...
Public Confidence in QBS Process
The Board's concern that a climate in which non-adherence to public procurement rules and policies is tolerated...
4 entities
Obligations O
w=0.15 384D
Engineer A Procurement Rules Adherence Duty
Engineer A must follow the strict rules and policies of the public procurement process when handling Firm B's...
Firm B Submittal Deadline Duty
Firm B must ensure its Statement of Qualifications is received by the city in the city clerk's office no later than...
2 entities
States S
w=0.1 384D
Firm B No Nefarious Cause Finding
Qualification Versus Rule Adherence Balance
Engineer A Late Receipt Knowledge
QBS Procedure For Building Project
SOQ Receipt Deadline In Force
Published SOQ Requirements Notice
Firm B Late Misdirected Submittal
Pending QBS Selection Window
Firm B Prior Performance Record
Engineer A Harmless Error View
Procurement Integrity Challenge Exposure
Tolerated Non-Adherence Climate Risk
Procurement Conduct Disrepute Exposure
13 entities
Resources Rs
w=0.1 384D
City X RFQ
City X RFQ (topic: SOQ submittal date, time, and location requirements for the QBS selection of a design firm for...
BER Case 10-8
BER Case 10-8 (topic: balancing selection of the most qualified engineering firm against strict adherence to public...
2 entities
Actions A
w=0.1 384D
Procurement Method Selection
Pre-Submittal Meeting Conduct
Deadline Publication
Late Submittal Delivery
Submittal Handoff
Late Submittal Rejection
6 entities
Events E
w=0.08 384D
Submittal Time Stamping
Initial Interest Expression
Submittal Deadline Passage
Late Submittal Discovery
4 entities
Capabilities Ca
w=0.07 384D
City X Selection Process Structuring
City X exercised process structuring competence by conducting a mandatory pre-submittal meeting and publishing the...
Board Ethical Balancing
The Board exercises ethical reasoning by holding that a balance must be struck between selecting the most qualified...
Board Precedent Reasoning
The Board grounds its resolution of the present case in prior opinion BER Case 10-8, reasoning analogically that the...
Firm B Engineering Design Competence
Firm B is a competing firm in the City X QBS process whose demonstrated engineering design competence is evidenced...
Engineer A Procurement Rules Application
Engineer A's duty to strictly adhere to the public procurement rules when handling Firm B's misdelivered submittal...
5 entities
Constraints Cs
w=0.08 384D
Firm B SOQ Receipt Boundary
Firm B's Statement of Qualifications must not be delivered to the city after 10:00 am on January 30 or to any office...
Engineer A Submittal Consideration Bar
Engineer A must not allow Firm B's late, misdelivered Statement of Qualifications to be considered in the QBS...
2 entities
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