John E. Blickensderfer

FHWA 23 CFR Part 172 Docket FHWA-2012-0043 In paragraph 172.7(b)(5)(iii) states in the last portion: "A consultant serving in a management role shall be precluded from providing services on projects, activities, or contracts under its oversight." I am told this would preclude a consultant from providing construction management services for projects in which they provided design services. This is in direct conflict with the Federal Acquisition Regulation which calls for Type A, B, and C services. Where C services is inspection services. Consultants routinely provide construction inspection services on projects for which they provided engineering design services. Most federal agencies follow the FAR guidance for Type A, B, and C services. Why does the FHWA believe this is a conflict of interest when other federal agencies see this as a benefit? My experience of more than 25 years indicates that having the design engineer provide the inspection services reduces change order costs and reduces delays and disruptions claims. The design engineer is most knowledgeable of the project and when contractors question the design or constructability the design engineer is best to answer the question and resolve the matter. Many times they have already thought of these issues during the design process. And when differing site conditions exist the design engineer is best to provide an alternate design or method to minimize cost and yet maintain the design aspects. Conflict of interest is not an issue and has not been a problem in my 25 years of experience. Even if something occurred the Departments of Transportation still provide oversight and audit on all construction projects. I strongly suggest the FHWA allow design consultants to provide construction management services on their own design projects whereby adhering to the FAR guidance and following the example of other federal agencies who have learned this is a cost saving method.