Date
Inquiry

Our company is a full-service A/E firm and is contracted with a build-to-suit developer and contractor on a fast-track design-build project for the government. The architectural, landscape, and mechanical/electrical/plumbing design services are being performed by of our Design Services department. Commissioning (Cx) and LEED" certification services are also being performed by our company, but are organizationally separate, under the Facilities Science & Technology department. The services are also located in separate offices, with design based out of central Illinois, and Cx and LEED" services in Colorado. Both groups have separate reporting lines within the company (supporting documentation can be provided). The Cx Authority is not part of the design team and has not participated in any part of the design development, with the exception of conducting the owner\'s project requirements (project intent) workshop and participating team meetings with the owner. The Cx Authority is in direct contact with the owner. Civil engineering services are being provided by a local company in Nebraska. We are requesting an interpretation for our design-build project situation. The project was contracted as a design/build because of the fast-track requirements of the government client and the nature of their solicitation for services. The government solicitation requires the facility receive a minimum LEED" rating of Silver. Our full-service firm was utilized because of our experience with LEED" and Cx, and to increase project efficiency and reduce the overhead costs of having separate consultants for all services. If we can demonstrate organizational separation between the two departments, will we meet the requirements for items 1, 2 and 3 of Credit 3, or do we need to retain design and submittal review services from an outside source, not associated with our company?

Ruling

You must obtain independent services not associated with the design firm to meet the first three requirements of this credit. As per EAc3 CIR ruling dated 3/11/03, the Commissioning Agent must "function independently with respect to management, shared staff, financial relationships, etc."

Internationally Applicable
Off
Campus Applicable
Off