This requests concerns the acceptability of a design builder directly employing a third party commissioning agent to perform additional commissioning and obtain credit for doing so. Background: The City of San Diego Park Planning and Development Division awarded a Contract to TB Penick & Sons, Inc. for design and construction of the George L. Stevens Senior Center, San Diego California. The Contract specifies that the design builder (TB Penick) 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 a silver LEED rating be obtained by the design builder in accordance with City of San Diego policy for new capital improvements projects. The design builder (TB Penick) has contracted with a commissioning agent for the purposes of commissioning in accordance with the LEED guidelines. The City will not hire the commissioning agent directly and expects the design builder to do so. We can provide documentation from the City substantiating this contractual requirement. The City of San Diego employs on staff LEED certified individuals who review the commissioning procedures and reporting to insure compliance and accuracy. Request: Please consider allowing credit for the additional commissioning effort where the additional commissioning agent is contracted with the design builder in this case.