Public Roofing Oversight

FACTS about Public Roofing Procurement, and Oversight. Copyright 2010 by Robert R. Solomon

Sunday, June 13, 2021

Publicly Funded Roofs - "Exclusion" of competition to SCAM taxpayers. Who does it, and how.

 Welcome Good People:

EVERYTHING you could possibly want to know about "Preferred Vendors", "Sole Source", "Proprietary Specifications", and other  methods of excluding competition to guarantee predetermined outcomes.  In other words : "BID RIGGING".  Who does it, and how.


NOTE;  Nothing a Private Owner does concerns me one bit.  It's their money and free to burn it if it brings them pleasure.  Publicly Funded Projects are quite different, spending money earned by OTHERS, and subject to independent third party oversight.  

Roofing and roofing services are the most expensive items of any school maintenance budget, and why "Predatory Sales Models" attack the soft underbelly of government administrators who in reality, have no power.


I was once told by a Florida Senator, who happens to own a substantial roofing firm:  "That's the way the  "VA Guy" wants it".  The "VA Guy" has absolutely no say so in the matter, no legal standing, but is responsible to taxpayers for being a responsible steward of taxpayer money.  PERIOD.  He does not have the right to steal from taxpayers, and am infuriated they do it to Veterans.


I'm working on that, but is a rather daunting assignment.  Not an issue once I get through the maze of "I'm not responsible" emails that are sure to come.


Competitive Public Bidding:

 

“Publicly Funded Roofing and Roofing Services"


By: Robert R. Solomon

 

NOTE:  Retired 2003, do not solicit, nor accept, compensation, or personal

advancement of any kind.

 

Friends:

 

The roofing discipline has a steadfast position against "Exclusion" of fair competition in publicly funded projects.

We do not seek, nor support, "Exclusion" often found in purchasing cooperatives through "Line Item", "Sole Source", “JOC”, "Proprietary Specifications" (unnecessarily restrictive), and "Preferred Vendors".  

The discipline believes we should have an opportunity to bid on public projects funded by our own tax dollars.

"Fair Competition" is circumvented by purchasing cooperatives, and their operatives.  They are not competitive in the private market, and therefore not competitive in the public market.  

We abhor the "Predatory Sales Models" that advertise "We handle it all", or "Partnering" with government agencies.  The outcomes are predetermined by naming only ONE manufacturer.

 

No government agency may give even the slightest hint of favoritism, and it exposes our schools to unnecessary suit.   

Many examples of this exist, and all one has to do is type "School Roofing Scam" into your browser, and the same on YouTube.  You will find no shortage of investigative reports there.

 

Please notice the reports feature two manufacturers: Tremco (aka WTI), and Garland.  It is not our desire to "Exclude" these manufacturers, but ADD fair competition, in the form of major, financially sound, competitive, material manufacturers.

 

Firestone, GAF, Johns Manville and Carlisle Syntec, Sika Sarnafil are a few, but we have many fine examples of "Honorable" manufacturers.  All backed by billions of dollars in assets, and strong underwriting capability.

 

It is the taxpayer, our schools, and our children, we fight for.  In the absence of fair competition, schools are paying a "Premium", upwards of 50% (or more), and receiving no additional benefit.  School maintenance budgets are being decimated by this organized exclusion policy.

The bulk of that money (25%) goes straight into a "Salesman's" pocket, and then an average of 2% to the purchasing cooperative.  By this arrangement, the taxpayer dollar is immediately reduced to 73 cents, and nothing to show for it.  


Frankly, even if removing, or adjusting, the sales "Commissions", you would still overpay by a large sum.

We do not wish to disrupt commerce, but to make sure the money reaches its intended purpose.  Please note that when I refer to "Bidders", I mean "Responsible Bidders" who meet a standard of criteria:

 This would include financial requirements, and in most cases, protecting the taxpayers with a "Performance and Payment Bond" above projects with a minimum of $25,000.00 - $50,000.00.

 

This, of course, protects the taxpayer from default, or expenditure of additional monies.

 

We know that all projects must provide "Serviceability", and "Value".  "Cheap" does not equal "Value" by the way.  This may be remedied through independent, third party oversight, and specifications that are "Inclusive".   We bid to a "Standard", not to a Manufacturer.

 

Public Record:  

 

The DOJ fined Tremco (RPM) $61,000,000.00 for the abuse of GSA contracts:

 

https://www.justice.gov/opa/pr/rpm-international-inc-and-tremco-inc-pay-nearly-61-million-failing-provide-government

 

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Another example, eloquently described by the State of New Jersey, here:

http://www.state.nj.us/sci/pdf/Roofing_Report.pdf

 

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Simply put, claims of "We buy in bulk, so you save money", and "our vast negotiating power assures you the best price", are not applicable to roofing, and roofing services.  

 

You may not award multi-million, multi-year, contracts based upon a single "line item", cherry picked to "reward" members of the cooperative.   As "commissioned salesmen", the purchasing cooperative has absolutely no incentive to "compete", and the bigger the contract, the bigger their commission.  Make sense?

 

I do not speak for material manufacturers, consultants, distributors, or contractors.  I alone am responsible for the content of this paper.

 

 Again, we do not wish to "Exclude" anyone, and will fight just as hard for Garland, or Tremco, should they find themselves “shut out” in a similar position.  We ask for FAIR competition, and should hope our message of concern is well received.

 

We are spending real money, and know that someone worked hard for it.

 

 Someone just like you.  

 

Respectfully, I would like you to consider the position of honorable people, willing to fight for the taxpayers, our schools, and subsequently, our children.

 

Say "NO" to the purchase of roofing and roofing services, manipulated by false comparisons through purchasing cooperatives.

 

NOTE: Retired 2003, I do not solicit, nor accept, compensation, or personal advancement of any kind.  Everything I say is supported by public record, and can produce it quite readily.

 If you want to call me out on something, have the courtesy to offer data, and not just your "Opinion".  I can argue a topic, but I cannot argue an "opinion" based upon emotion.

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For those of you who are being excluded, or if you care one bit about our schools, you are free to use my compilation as a "Template".

 

Please verify for yourself, and draw your own conclusions.  

 

It is not my job to ”Judge”, but to  provide the data, and some context.  


Reference:

 

ROOFING SCAM - OHIO.wmv

 

https://www.youtube.com/watch?v=nGPNJxK1ZRQ

 


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News 2 I-Team:  Garland

ROOFING SCAM - NEW JERSEY.wmv

 

https://www.youtube.com/watch?v=tWwb3UNn0V0

 

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Roofing Scam – New Mexico

http://www.youtube.com/watch?v=gEKVSrPui08

 

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California Roofing Scam

http://www.youtube.com/watch?v=2SPGTLMKT60

 

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ROOFING SCAM - NEW JERSEY:

 

http://www.nysun.com/national/legislators-mayors-arrested-in-new-jersey-bribery/62077/

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Ron Solomon ON Oklahoma News 9

“Oklahoma Schools Accused of Wasting Taxpayer Dollars”:

https://www.news9.com/story/5e35afab83eff40362bec06e/oklahoma-school-districts-accused-of-wasting-tax-dollars

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“DOJ Fines Tremco $61,000,000.00”

https://www.justice.gov/opa/pr/rpm-international-inc-and-tremco-inc-pay-nearly-61-million-failing-provide-government

 

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From Casetext: Smarter Legal Research

Sec. & Exch. Comm'n v. RPM Int'l, Inc.

https://casetext.com/case/sec-exch-commn-v-rpm-intl-inc-2

 -----------------------------------------

 SEC Fraud Case Singled Out Global Company's Chief Lawyer, Compliance Officer

The Securities and Exchange Commission alleged that the GC failed to disclose key facts about a Justice Department probe of RPM international Inc., a $5.5 billion global coatings, sealants and buildings materials company.

By Phillip Bantz | December 29, 2020 at 02:11 PM

https://www.law.com/corpcounsel/2020/12/29/sec-fraud-case-singled-out-global-companys-chief-lawyer-compliance-officer/?slreturn=20210308205304

 

Shut Out: New Jersey Strikes Down Suspicious Bidding.

 
http://www.roofingcontractor.com/articles/shut-out-new-jersey-strikes-down-suspicious-bidding

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An architect, manufacturer and roofing contractors discuss proprietary specifications:

https://www.professionalroofing.net/Articles/In-their-opinions--10-02-2002/147


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NK school board approves Vinland roof replacement


https://www.kitsapdailynews.com/news/nk-school-board-approves-vinland-roof-replacement/

 

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Garland Consent Decree in Bid Rigging Case:

http://4.bp.blogspot.com/_BExOUktoCCM/Se-_KVPBzFI/AAAAAAAAAJs/U0CWvQLr7Y8/s1600-h/Garland+Consent+Order+page+1+001

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“State Could Punish School District:”

https://www.dailyitem.com/news/state-could-punish-district/article_bcbb1c19-a4e5-5707-8ab8-97d647a0e690.html

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CV school district settles lawsuit with Carlisle SynTec Systems employees:

https://wikiroof.blogspot.com/search/label/Carlisle%20breaks%20up%20Co-Op%20scam

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Garland's lobbyist, promoting the school roofing scam.

 

https://wikiroof.blogspot.com/2018/07/garlands-lo


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Schools paying millions too much for new roofs

CONSTRUCTION Noncompetitive process raises price of school roofs


http://www.sfgate.com/news/article/Schools-paying-millions-too-much-for-new-roofs-3258031.php

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"VA Official admits to 64 Counts of Construction Bribery"

 

https://wikiroof.blogspot.com/2014/05/va-official-admits-to-64-counts-of.html

 

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"TCPN, Tremco, and Taxpayers"

 

https://wikiroof.blogspot.com/2013/11/tcpn-tremco-and-taxpayers.html

 



 

 

APS Changing Roofing Specs; Officials Hope To Save District Money

By Russell Contreras
Journal Staff Writer
    Albuquerque

 

https://www.abqjournal.com/news/metro/288320metro01-14-05.htm

 

 

 

Eloquently described by the State of New Jersey, here:

http://www.state.nj.us/sci/pdf/Roofing_Report.pdf

 

 

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Critics Say APS Roofing Costs Sky-High

http://www.stopthewarmachine.org/events/jan18pdf.pdf

 

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“The Fix Is In” 

At least that's what Janet Campbell claimed about construction bids at UCSF, where she soon found herself out of a job

By Peter ByrneWednesday, Feb 26 2003

http://www.sfweekly.com/2003-02-26/news/the-fix-is-in/
-------------------------------------------

 

Public School Roofing Projects
1999

A statewide investigation of public school roof construction projects revealed widespread waste and abuse, including conflicts of interest, subversion of public contracting, improper labor practices and inadequate oversight that place the safety of school children in jeopardy and cost New Jersey taxpayers millions of dollars each year. 

The Commission aired the preliminary findings of its investigation during a two-day public hearing in December.



http://www.state.nj.us/sci/school.shtm

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Investigations of Improper Activities by State Employees: February 2007 Through June 2007 September 2007 Report I2007-2

https://www.bsa.ca.gov/pdfs/reports/I2007-2.pdf

And:


http://www.bsa.ca.gov/pdfs/reports/I2003-2.pdf

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California State Assembly

Committee on Accountability and Administrative Review

 


http://aaar.assembly.ca.gov/20102011hearings



June 30, 2010

Protecting Taxpayers Dollars through Public Bidding:


 9:00 a.m. - State Capitol, Room 437

·         06/30/10 - Agenda [pdf]

·         06/30/10 - Background [pdf]

·         Recommendations [pdf]

·         Exhibits A-F [pdf]



 

Major position papers:



 

IIBEC Position Statement on Procurement – Support Document.

https://iibec.org/advocacy/policy-and-position-statements/

 

Procurement – June 21, 2012

IIBEC supports public policies, requirements, and administrative procedures in public procurement processes that mandate the open selection of goods, services, and construction contracts on the basis of qualifications; and it opposes such procurement on the sole basis of fees, costs, and/or proprietary specifications.

 

IIBEC Position Statement on Procurement – Support Document

 

 

National Roofing Contractors Association



 

https://nrca.net/RoofingNews/nrca-issues-action-alert-regarding-reverse-auction-legislation.3-4-2020.8401/Details/Story

 

NRCA issues Action Alert regarding reverse auction legislation

 

“There is broad consensus the use of reverse auctions for federal construction procurement is detrimental to the roofing industry. Allowing reverse auctions in construction and design procurement is ineffective because they fail to properly allocate risk; make it more difficult for small and disadvantaged businesses to be awarded a bid; and inhibit the competitive bidding process.

The Construction Consensus Procurement Improvement Act of 2019 (S. 1434 / H.R. 5644) is legislation to prohibit the use of reverse auctions in federal construction procurement.

NRCA is encouraging its members to urge their legislators to support the legislation, which will benefit roofing companies, ensure the quality of procurements for federal construction projects and protect taxpayers.

For more information or to take action and email your legislators, visit the NRCA Grassroots Advocacy Network at:”  roofingadvocacy.nrca.net.

 



City of Long Beach

Re: JOC – Gordian Group

 

https://buildinginformationmanagement.files.wordpress.com/2016/06/long-beach-job-order-contract-audit.pdf

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Pennsylvania Low slope Roofing assessment August 17, 2010



Carlisle Construction Materials Pennsylvania Roofing Study AEPA Purchasing Cooperatives Analysis of Tremco Line Item Contracts 2005‐2010

https://responsibleprocurements.org/wp/wp-content/uploads/2015/11/Ducker-Carlisle-Reports-PA-vs-AEPA-Tremco-costs.pdf

 

Ducker-Carlisle Report

When taking the money away from an argument, all that's left is the truth.  That  remains at the forefront of my mind, do my very best to bring only documented TRUTH. Nothing else will do.

 

These Public Roofing Scams are decimating school maintenance budgets across North America.

My Brothers and Sisters of the roofing discipline have every right to compete for their own tax dollars, and not be shut out.

 

Oklahoma Representative Jason Murphey is a hero to the taxpayers.

http://www.hd31.org/blog.php?title=An-Example-of-Legalized-Corruption

We in construction trades do not want preferential treatment, but fair competition.

The only thing stopping it is "Purchasing Cooperatives", and administrators who are either uninformed, or corrupt.

MUCH RESPECT to Rep. Murphey for standing up for us, and taxpayers across this country.

http://www.hd31.org/blog.php?title=An-Example-of-Legalized-Corruption

 



An Example of Legalized Corruption



Jason Murphey's Blog.

POSTS FROM REPRESENTATIVE MURPHEY's BLOG

An Example of Legalized Corruption

By: Jason Murphey | Sunday, December 8th, 2013 05:10:04 PM |

Almost one year ago, Senator Clark Jolley asked me to assist him in bringing an end to what appeared to be a practice of legalized corruption. Having worked with Jolley on numerous modernization and efficiency measures, I have learned to pay close attention to his concerns. He frequently proposes cost saving and efficiency reforms, and his proposals are taken very seriously by the Legislature. Jolley had received reports from whistleblowers who exposed extremely disturbing abuses and he wanted to work on legislation to stop the practice.

Jolley's request started an intense one-year saga to remedy one of the worst abuses of the taxpayer dollar that I have seen. That saga continues to this day.

Let me tell you about this horrific abuse known as sole-source specing.

Voters within a school district or municipality approve a massive bond issue calling for the construction of new buildings without realizing they have just contributed to legalized corruption. Flush with cash, the benefiting governing board hires design professionals to specify which materials are to be used in the new project.

The designers present the governing board with grandiose plans that highlight the inclusion of expensive features. It's all too easy for gullible board members to approve these plans because they are after all spending other peoples' money. These designers then draw the specifications so tightly that only one supplier can provide the expensive features. In this way, competition is eliminated and the supplier can charge exponentially more than would otherwise be paid because the competitive bidding process has been eliminated. In some cases, the project designer may actually allow the sales engineer for a product manufacturer to write the specification so that only that one product qualifies.

Sole-source specing has long-term implications.

More:  http://www.hd31.org/blog.php?title=An-Example-of-Legalized-Corruption

 

Copyright © State Representative Jason Murphey, 2012
2300 N. Lincoln BLVD, Oklahoma City, Oklahoma 73105 - (405) 557-7350
Jason.Murphey@okhouse.gov - @JWMurphey

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Schools are paying around 40%-50% MORE through Purchasing Cooperatives (rotten to the core) using ONLY Garland, or Tremco, as they isolate, and exclude everyone else.  We are talking about competing for your own tax dollars, and livelihood.  

How'd that taste?




 

Price gouging on school projects must stop

 May 26, 2017

 

 

https://lancasteronline.com/opinion/columnists/price-gouging-on-school-projects-must-stop/article_45cc362e-4178-11e7-aba9-930567d283b9.html

 



The most Honorable and achieved person in all of roofing is, in my experience: Ms. Helene Hardy Pierce of GAF.  She is a big part of why GAF is an “Honorable Firm”, and trusted by every contractor in this country.

 

Excerpt:

“School districts in Pennsylvania have been victims of a very expensive waste of taxpayer money for the past decade or more.

Certainly they can save money when they use cooperative purchasing for items like pencils and computers. But since at least 2005, our schools have lost millions of dollars when they purchased roofing through this kind of system.

Like their counterparts across the commonwealth, Lancaster-area school districts have overpaid for roofing projects. Fortunately, there is movement in Harrisburg to address this scandalous misuse of tax dollars.

This is a national problem, and it is very serious in Pennsylvania. Schools have been victimized by cooperative purchasing schemes that have cost taxpayers in excess of $100 million.

How is it that school districts have been paying twice as much they should for roofing projects?

A survey by Ducker Worldwide found that Pennsylvania schools that purchased roofs through the Association of Educational Purchasing Agencies drastically overpaid for roofing projects. According to the Ducker study, from 2005 to 2010, schools spent $100 million more than they would have spent through public competitive bidding. You can find the survey, as well as studies in other states, at bit.ly/ProcurementSurvey.

This wasted money could have purchased 33 million school lunches for low-income students, or 100,000 school computers.”

Continued….

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If anyone ever has an issue (factually) with anything here, please be kind enough to bring it to my attention.  I will retract, or modify the statement.  Please understand that here, I do not offer 'Opinion".  I will respectfully request you furnish public record to support any discord.

My Friends across the globe, I am so thankful, and appreciative, for your valuable time spent with me here. To date, over 265,000 visitors, and am humbled that anyone cares one bit about what I have to say.

I pray that you reject negativity in all forms, and always remember to keep looking "UP".

 

NOTE:  Retired 2003, do not solicit, nor accept, compensation, or personal advancement of any kind.

 

It's much deeper than all this, but you'll be well served to stay away from Tremco, Garland, and all Purchasing Cooperatives.





Use the search box and use names look like purchasing cooperative, fair competition, Tremco, Garland. and most of all "Predatory Sales Models".

NOTE:  Retired 2003, do not solicit, nor accept, compensation, or personal advancement of any kind.


I'm the only one who has absolutely no reason to lie to you.  My job is to be honest, and earn your trust.  I will help anyone who asks for help.




Respect,

 

Robert R. "Ron" Solomon

RobertRSolomon@aol.com

Public Roofing Oversight

Public Procurement Analyst

State Certified CCC 1325620

Licensed Roofing Consultant

http://wikiroof.blogspot.com/

 

 


Publicly Funded Roofs - "Exclusion" of competition to SCAM taxpayers. Who does it, and how.

 Welcome Good People: EVERYTHING you could possibly want to know about "Preferred Vendors", "Sole Source", "Proprie...