Saturday, December 17, 2011

"LAW", and Public Bid Procurement"

Recently, I was asked to offer assistance regarding a "Proprietary" arrangement with a school district here in Florida.  First, let's understand the purpose, which is to ELIMINATE FAIR COMPETITION IN PUBLIC BID PROJECTS

A Private Owner is free to do anything they like with their own property, and must only comply to building code, and permitting jurisdiction.  They OWN the building, are the ones PAYING for services, and it is not our business to ponder their decisions.

Publicly Owned structures are not "Owned" by the government, but by taxpayers.  Therefore, we must seek both serviceability, and VALUE.  NO local, state, or federal agency may be exclusive of fair bidding, and procurement.  Here, we are discussing roofing only, but it is applicable to all disciplines, and services.

http://www.weblocator.com/attorney/fl/law/constructlaw.html#30

Florida statutory law requires combative bidding, and the Florida District Court of Appeals has held that the government cannot split the contract into separate pieces to avoid the statutory monetary minimum (with exceptions for specialty work or work that requires special skills not found in the general market). Further, Florida courts have held that a public body may not draw specifications in its bid request that would permit only one bidder to qualify for the project.

Cases that involve fraud or ill repute in contract bidding usually nullify the contract. For example, if a city or county lacks the statutory authority to enter into a particular contract, the contract is void and the contractor may not recover for work performed. Cases that involve bad faith or bribery are also nullified, with the contractor receiving nothing.

To the best of my knowledge, this "Exclusionary" practice is illegal in all states (and territories).  A public official may not call out a specific product, or limit competition through specifications written to favor a "Preferred Manufacturer".   The "Specification Manipulation" trick is very common, and easy to spot.  Most cases I see are actually written by a manufacturer who wishes to eliminate all competition by stressing certain ASTM numbers, and unique "testing", relevant to only one product.

News Flash:  NO MANUFACTURER MATCHES UP EXACTLY WITH ANOTHER!

This has absolutely nothing to do with "Performance", but designed only to circumvent the law.  Many, many, millions (billions) of taxpayer dollars are overspent on "Boutique" manufacturers with predatory sales models.  The manufacturer acts as the "Consultant" (illegal), specifies only their product, and uses only their "approved contractors".  They also give themselves the power to order "testing" anytime they wish (at great cost).  You may expect to pay TWICE THE COST for this non-compete process. A competitively bid process MUST be followed.

I don't use this forum for "advertising", which is why you don't see any.  My philosophy is to always remain "independent", and not create the slightest impression of financial, or personal, advancement of any kind.

The following videos are very representative of the scams, and illustrate the great burden placed upon the taxpayers as a result.  Roofing is not "Sexy" or actually very interesting to most people, but huge sums of money are changing hands.  Especially when a vendor has absolutely no reason to compete.

That's me in the yellow blazer just beneath the main video.
http://www.news9.com/story/15953631/school-districts-accused-of-wasting-tax-dollars

This is just ONE DISTRICT IN ONE STATE!

Think it's isolated?  Think again.
http://dailyitem.com/0100_news/x1522095368/State-could-punish-district

This is a PATTERN, and you will note the specific manufacturers in these examples.  I did not "cherry pick" the videos or articles, and researched just as hard on each manufacturer.  If anyone wishes to submit a link contrary to what I have to say, it is welcomed, and I WILL publish it here.

In the meantime, you can research it yourself, by typing "School Roofing Scam" into your browser, or YouTube.  No shortage of articles, and complaints.  Please note they are from California, to New Jersey, and all points in between.

The arrogance of public officials offends me, and especially those in "Purchasing" who quickly lose sight of why they're hired (or elected) in the first place.  Apparently, the lure of money is strong, and human frailty for greed, is like throwing gasoline on a fire.  These are people we hope define a moral code. If I want to see common drunkards, and "chain snatchers", I'll visit central booking on Saturday night.

Let's try another one:
http://www.bakersfieldnow.com/news/local/131019373.html#IDCThread

And this one is in my state:
http://www.jackieporter.com/Shocking_News_about_MCPS_Roof_Vendor.html

My friends in Ohio may view this one, and it should put you over the top.
http://www.youtube.com/watch?v=nGPNJxK1ZRQ

Baltimore?  Sure thing.
http://www.wbaltv.com/video/28678491/detail.html

PLEASE DO YOUR OWN RESEARCH!
I happen to care about where my tax dollar goes,  As a highly credentialed, independent, roofing authority, know this game better than the ones who play it.  Next time you read about your school (post office, courthouse, university, etc.) budgets being slashed, programs cut, and children doing without basic supplies, you can thank roofing material manufacturers who cannot compete on the open market.

In this post, I would also like to give you an opportunity.  That opportunity will come in the form of research.  I know the people of Firestone, GAF, Carlisle-Syntec, and a few others to be 100% above board, and properly serve the community.  I've been unable to uncover even the slightest bit of wrongdoing by any of them.  After you research them, you will decide if what I say is true.

The best way to eliminate corruption in roofing (or anywhere else) is to stop issuing P.O.'s to the offenders, and support the ones who provide only serviceability and value.


I will share my loving family with you, because this is my world, and my purpose.  I'll really get it from those not pictured, but we'll share them another time.  I love them all, and they love me.

Christy (Mrs. Solomon) & Papa

  
Mimi & Papa



Alexandria & Sunny

Mrs. Solomon and I will pray you, and your families, have a blessed, and Merry Christmas.  This happens to be our custom, but we respect customs of all regions, and beliefs, as free people.

Therein lies the beauty.

I am incapable of describing how much appreciation I feel for each and every one of you, who spend your most valuable commodity (TIME) with me here.  Please reject negativity in all forms, know you are not alone, and always remember to keep looking "UP".

Sibucao, Dammous, Hall, Minteer, Austin, Anderson, Andersen, Agliano, Sierra, Colwell, Hartmann, Farnell, Beckner, Lepore, Pratt, Lynch, Rowell, Center, Songer, Ochs, Borden, Hatten, Scheidt, Leiby, Salimbene, Lyons, Embow, Christiano, Araj, Stefanakos, Goswami, Russell, Abreu, Coston, Demott, Kenney, Lusa, Cotney, Dickie, Colitz, Celli, Huggins, Mulling, Wiencek, Fenstermaker, and all 800+ members of Roof Consultant's Alliance.

"In this world everything changes except good deeds and bad deeds; they follow you as the shadow follows the body" (unknown)

Respect,

Ron









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