Further, it is ACEC's opinion that a conflict of interest could also be created should firms involved in project development join one of the prospective design-build teams. This may not apply in cases where the consulting firm or registered design professional provides only preliminary design services and has had absolutely no involvement with this design-build procurement process and where all information generated is provided to all proposers. The procurement process should encourage design and construction flexibility and innovation. Legislation, licensing requirements, and the 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. In conclusion, we have appreciated the opportunity to participate in today's meeting and the opportunity to continue work with the Federal Highway Administration on the development of these important rules and regulations.