In this CIR, we are asking for clarification on whether our selected Commissioning Agent (CxA) meets the technical requirements for compliance with the LEED prerequisite and optional point for commissioning. We believe that this arrangement is consistent with the definition of an independent consultant contracted to Owner (item #8 in the 1/3/2006 memo issued by the USGBC, "Who Can Be the Commissioning Authority"). The selected CxA\'s dual roles are as follows: Automation System Design: One of the CxA\'s roles is to assure that the automation system design for the project maintains the Owner\'s standards, which are complex and ever changing. The Owner has determined that it is far more expedient, and their deliverable more consistent, if the automation systems are designed by a small pool of engineers that remain current with the technologies and procedures that the Owner\'s Energy Management team uses (as opposed to trying to have individual A/Es be educated and brought up to speed on the ever changing requirements of the automation systems that this Owner employs). Among the duties of the automation system designer is the assurance in continuity of Owner standards for hardware, software, and communications. The selected CxA is retained directly by the Owner to perform these functions and is the Owner\'s agent for this building system; there is no contractual affiliation between the selected CxA and the project\'s A/E. The project\'s HVAC systems are designed by the A/E; the A/E bears responsibility for the design, construction, and performance of the HVAC systems. The A/E is responsible for the HVAC systems control sequences of operation and for assuring that their design can perform accordingly. The selected CxA takes the A/E\'s design and sequences and assures that control devices needed to fulfill the sequences are per Owner standards, that automation system architecture is per Owner standards, and that software routines are consistent with design intent and vice-versa. Achieving this element of the automation system design requires interaction and teamwork between the A/E and the selected CxA, but the separation remains of the selected CxA being directly responsible to the Owner for the automation system functionality and the A/E being responsible for system design and performance. Independent Commissioning: The selected CxA is retained directly by the Owner and is the Owner\'s independent agent for HVAC systems commissioning; there is no contractual affiliation with the A/E. That the selected CxA is also involved with the automation systems design enhances the effectiveness of both HVAC commissioning and automation system building management and provides and economy to the Owner in professional services fees. The selected CxA has been performing automation systems design for this Owner since 1986 and has been performing HVAC commissioning services for this Owner since 1992. The dual functions have been executed over this long standing relationship without conflict as the selected CxA is not responsible for HVAC systems design. The selected CxA has no design role in other building systems to be commissioned to satisfy LEED requirements (lighting controls, domestic hot water). Therefore, the basic argument is that the selected CxA\'s allegiance, and contractual relationship, is directly to the Owner for automation system design and commissioning services. There is no contractual affiliation between the selected CxA and the A/E design team; the selected CxA interacts with the A/E performing reviews and coordination. The Owner and design team does not perceive any conflict by the CxA performing automation system design that would exclude them from performing Fundamental or Enhanced (point credit) commissioning. We ask that the USGBC confirm that we properly interpreted the memo regarding who can be the commissioning agent as it applies to our unique situation described above.