Further, it is ACEC s opinion that a conflict of interest could be created should these firms, for whatever reason, join one of the prospective Design-Build Teams. The procurement process should encourage design and construction flexibility and innovation. It should encourage a Best Value Selection process that evaluates Cost, Technical Qualifications, Technical Approach, and Quality. Legislation, licensing requirements, and procurement process should allow the flexibility for a design firm to lead the design-build team. Of particular concern are attempts to extend uninsurable warranty provisions to professional engineering services.
Qualifications vary from design firm to design firm.
Therefore, ACEC recommends that the proposed FHWA rules and regulations not give preferential treatment based on a firm s size. ACEC recommends that FHWA propagate rules and regulations to prevent the switching of team members after selection. After utilizing this process, safeguards are needed to prevent restructuring of the Design-Build Team after selection. The American Consulting Engineers Council appreciates the opportunity to continue to work with the Federal Highway Administration on the development of these important regulations. We look forward to participating in the upcoming industry forum, which we understand is being planned for late October.