This requests concerns the acceptability of a design builder directly contracting with the firm providing third party commissioning services to perform additional commissioning and obtain credit for doing so. Background: The Washington Department of Corrections awarded a Contract to Hunt/Lydig, JV for design and construction of the Coyote Ridge Corrections Center, Connell, WA. The Contract specifies that the design builder (Hunt/Lydig, JV) shall procure all labor materials and services required to fulfill their obligations under the Contract. This includes procurement of LEED commissioning services. The Contract specifies that the design build team strive to obtain a silver LEED rating in accordance with State of Washington policy (State of Washington, Executive Order 04-06 Establishing Sustainability and Efficiency Goals and Executive Order 02-03: Sustainable Practices by State Agencies) for new capital improvements projects. The design builder (Hunt/Lydig, JV) has contracted with a design firm for the purposes of design, LEED facilitation, and commissioning in accordance with the LEED guidelines. The design firm has subcontracted with an third firm for independent LEED facilitation and commissioning. The WA DOC will not hire the commissioning authority directly and expects the design builder team to do so. The following contract language is part of the commissioning scope of work: The Commissioning Authority shall independently function and employ a strict communication protocol that directs all reporting to the Owner and not through the Prime Team/Contractor. This protocol is intended to provide unbiased information to the owner and eliminate potential conflicts of interest as required by US Green Building Council policy for Energy and Atmosphere Credit 3, Enhanced Commissioning. This Credit and supporting interpretations require: "that the commissioning authority must be separate from the project designers, must function independently and without conflicts of interest with respect to management, shared staff, financial relationships, etc." The State of Washington, Department of General Services employs on staff LEED certified individuals who review LEED procedures and reporting, including the commissioning credits to insure compliance and accuracy. A precedent Credit Interpretation Ruling, dated 12/22/2005, states: The intent of the credit is met if the design builder has hired an independent third-party commissioning provider. To ensure that conflict of interest is minimized, there should be a clear, direct line of communication from the commissioning provider to the owner. Request: Please consider allowing credit for the additional commissioning effort where the additional commissioning agent is contracted with the design builder as a second tier subcontractor with direct reporting to the Owner in this case.