This CIR relates to the USGBC\'s "Who Can Be the Commissioning Authority" document, dated 01/03/06, and specifically, Item 4. which indicates that a "Disinterested employee or a subcontractor of the General Contractor or CM" does *not* qualify to serve as the CxA for Enhanced Commissioning. However, that guidance appears to conflict with a CIR dated later that year (10/9/06), which states, "Yes, a disinterested subcontractor is acceptable as Commissioning Agent for EAc3. "Disinterested" means that this entity has no additional role in the project and is allowed unfettered communication with the project owner." Please confirm which statement governs here.
The CIR asks clarification if a subcontractor to the General contractor or Construction Manager can meet the credit requirements as a Commissioning Authority for Enhanced Commissioning. Both the CIR dated 10/6/2006 and the referenced documents apply and hold true as their directions do not conflict with each other. The "Who Can Be the Commissioning Authority" document, reiterated by the CIR dated 01/03/06 states the individual serving as the CxA shall be not an employee of, or contracted through, a contractor or construction manager holding construction contracts. The referenced CIR dated 10/09/06 clarifies that the CxA may be an entity known as a "subcontractor." However, per EAc3 Requirement 1.b.iii, they may not be contracted through the contractor or construction manager holding construction contracts as this would be a conflict of interest. A "subcontractor" may be used but they shall not be directly contracted by the General Contractor or CM and must have "unfettered communication with the project owner." For example, a subcontractor may be used if they are contracted through the design firm or directly by the owner. Applicable internationally.