The Problem: The Case of the Clever Bid
You have been invited to put a bid in to supply engineered products for a major governmental project. The contract has two components: providing the products and then training and monitoring the progress of the project for two years. You have reviewed the protocols and have been stewing over how to put in the "lowest responsible bid." You have poked around in the industry and know that different companies follow different strategies. The RFP (request for proposal) does not directly address the issue of contract adjustments over the life of the contract, but the practice of adjusting contracts in the future to account for services that were not reasonably anticipated at the time of the bid appears to be acceptable.
Please complete each section of this worksheet. Some people find that writing the answers out on another page and then "cutting and pasting" them into the worksheet lets you think through the problem better.
If you only have time to do part of this worksheet, click the "save work" button at the bottom of this page. At any later time, you can then return to this worksheet and continue.
Be Attentive: Set the Context
1. Ethical Actor
The first step is to identify the ethical actor. In a sentence identify the ethical actor for this problem.
2. Stakeholders
The next step is to identify the stakeholders. List the other stakeholders for this problem.
3. Assumptions
In two or three bullet points, identify any assumptions you are making about the problem.
4. Be Intelligent: Identify the Issue and the Values in Tension
5. Issue
In one sentence, identify the issue for this problem.
6. Values in Tension
In three or four bullet points, identify the values in tension.
Be Reasonable: Explore the Options
7. Basic Liberties
Choose three options to analyze. You will analyze multiple options to help ensure that you choose a reasonable option to implement.
After brainstorming with the leadership team, you have identified four options:
a. Submit the bid as cleanly and completely as possible and trust that the reviewer knows exactly what is needed and respects the requirements of the RFP.
b. Submit the bid and include "consulting" services as free. Make up the difference later by slightly overpricing components of the other segments of the contract.
c. Build "carve outs" into the bid which provides that if the cost of a necessary overall piece of the contract significantly changes in price or quantity over the life of the contract, the contract would adjust automatically.
d. Deliberately underbid the contract knowing that you will be able to put in "contract adjustments" during the two year life of the contract and make up the difference in the bid.
In this step, identify the basic liberties to which each constituent is entitled. Compare the options and discuss which option (assuming a clean process) best meets the basic liberties requirement. Discuss why the other options do not meet the requirement for the basic liberties as well.
8. Just Savings
Now -- how well does each option meet the requirements of the just savings principle, assuring that resources are available for next generations. Which option best meets this requirement. Discuss why the other options do not meet the requirement of the just savings principle as well.
9. Equal Opportunity for Success
Next, consider how well each option assures that social and economic inequalities are arranged so that all constituents have an equal opportunity for success. Which option best meets this requirement. Discuss why the other options do not meet the requirement of equal opportunity for success as well.
10. Reflective Equilibrium
Now, using the tool of reflective equilibrium, which option gives the best advantage to the least advantage without unduly burdening those who are the most advantaged. Which option best meets this requirement. Discuss why the other options do not maintain reflective equilibrium as well.
11. Ecology of Care
Finally, consider whether each option contributes to an ecology of care. Which option best meets the requirement for building a strong community and strong institutions.
Be Responsible
12. Choose an Option
Select one option to implement within your Division:
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a. Submit the bid as cleanly and completely as possible and trust that the reviewer knows exactly what is needed and respects the requirements of the RFP.
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b. Submit the bid and include "consulting" services as free. Make up the difference later by slightly overpricing components of the other segments of the contract.
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c. Build "carve outs" into the bid which provides that if the cost of a necessary overall piece of the contract significantly changes in price or quantity over the life of the contract, the contract would adjust automatically.
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d. Deliberately underbid the contract knowing that you will be able to put in "contract adjustments" during the two year life of the contract and make up the difference in the bid.
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13. Explain Your Decision
Using the guidelines for how to write a memo, write a memo to be shared with the rest of the leadership team which explains your decision.
Return to Awareness
14. Reflection for Networking
Write a reflection which discusses whether or not the ethical analysis made sense. In this reflection, also indicate how you have corrected for personal bias, attended to the common good, and acted with courage.