Michelle Edwards - Prompt 1

Integrity – Honest, impartial, and well-reasoned action.

When I spoke with Ben about NCARB’s rules of conduct, I asked him to choose a topic that he felt passionate about. He thought for a while, and decided on “Integrity”. He told me about a time when Cummings and McCrady had a big company who was a recurring client doing projects for a solid 3 years. During the course of these three years, there was a direct negotiation relationship, where they was very honest communication between both heads of the contract. The client then hired a new procurement manager for the company who is in charge of managing and coordinating procurement agents, buyers or purchasing agents, and working on the most complex purchases for the company. The manager decided that they were going to send out RFQ’s (Request for Qualifications) for their next project. Although Ben and the rest of the team were a little taken aback by this breach in client loyalty, they still were considering applying at this point. However, the manager then stated that within that bid submittal to include a bid for design services as well. This request proposed a problem for C&M. As stated in the South Carolina Code of Law’s Section 40-3-300, “An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined”. By not participating in the bid, Cummings and McCrady would lose the job and the long-standing client, but participating would mean that they were literally breaking South Carolina law. After conversing with the rest of the firm, Ben decided to walk away from submitting a bid even though he knew that he or others wouldn’t get caught or that they would only get a slap on the wrist. He continued to explain how he feels like the SC LLR doesn’t have adequate power because they can’t control private companies like they can state or government processes. Ben believes that participating in this sort of ethical dilemma just leads to a waterfall effect: If you feel comfortable breaking the law in this situation, how far will you go in other instances? Ben looks at it this way: If more architects were just concerned with doing a good job, being honest, and finding the right solution that not only serves your client but protects the public’s safety and well-being, the built environment would be a better place. The moment you start breaking the rules, however small, is the moment you begin to compromise your integrity as a design professional and citizen.