Before I go further, please let me list the complete position (with permission graciously provided by RCI):
1500 Sunday Drive, Suite 204
Raleigh, NC 27607-515
|RCI Announces Position on Procurement|
Raleigh, NC – RCI, Inc. President Arthur "Chip" Ward last week announced RCI's
position on public roofing project procurement.
RCI is dedicated to the attainment of quality roof systems that are within the customer's
budget, durable, code compliant, and environmentally friendly. Because the use of
group-purchasing agencies, "buy boards," and other similar purchasing models in any
type of building construction, remediation, or rehabilitation is not transparent, does not
provide a competitive bid situation, and may not ensure compliance with the minimum
requirements of the codes, RCI believes they should not be utilized. Independent
consulting and competitive bidding are much more likely to meet these objectives and
conserve the taxpayer/stakeholder assets.
The RCI Board of Directors has therefore adopted the following position on
RCI, Inc. 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 opposes such procurement on
the sole basis of fees, costs, and/or proprietary specifications. Competitive,
qualifications-based selection is essential to fostering fair and impartial purchasing that
serves public health and safety in the built environment. Preserving the health, safety
and welfare of the public is a moral, ethical, and legal requirement for a procurement
agency as well as the provider. RCI, Inc. maintains that the public is best served by a
procurement process which meets the unique and specific requirements inherent in each
individual project and contract.
It is the position of RCI, Inc. that all public work and taxpayer-funded projects should
clearly adhere to allapplicable procurement regulations, maintain the highest levels of
transparency and value, and comply with the following principles.
In addition to the owner, projects should involve three distinct entities: the design
professional, the manufacturer (or supplier), and the qualified contractor (contractor).
The design professional should be selected by the owner based on qualifications,
experience, and past performance. The design professional should prepare contract
documents to be in compliance with all applicable code requirements (including but not
limited to fire, wind, drainage, thermal resistance or performance, warranty, and
Contract documents should not be proprietary or exclusive to a manufacturer, a
supplier, or a qualified contractor. A product or system that may be able to be
produced, supplied, or installed by other competitors but is not, is considered a
proprietary product/system. Procurement regulations have specific procedures that
are required if proprietary materials or systems are to be considered.
Design professionals are discouraged from utilizing proprietary specifications. All
projects should utilize a minimum of three manufacturers or utilize materials commonly
available from three manufacturers. Systems should be selected to meet specific
performance criteria or standards.
1. The design professional must adhere to all state (provincial/territorial) licensing
requirements and carry the appropriate errors and omissions insurance.
2. The manufacturer and its suppliers should provide the materials and systems
adhering to the contract documents. A manufacturer should not act as the design
professional unless qualified to do so, and should state in writing and publicly its
financial interest in the specifications/requirements provided.
Contractual obligations or agreements should not exist between owners and
manufacturers. Proprietary and/or exclusionary specifications intended to limit
competition among manufacturers, suppliers, and/or qualified contractors are strongly
discouraged. Manufacturers are encouraged to provide data, information, or other
assistance to qualified contractors to determine the best use and application of their
materials and systems. Manufacturers should not control material specifications.
3. The contractor should be contracted directly by the owner. At no time should any
contractual or financial obligation or agreement exist between the design professional
and manufacturer, or the design professional and the qualified contractor, or the
manufacturer and the qualified contractor. At no time should the
manufacturer act as either the design professional or qualified contractor. At no time
should the design professional act as the manufacturer or contractor.
4. Design-build delivery methods are acceptable under the following conditions:
* The principles noted above are met.
* Design-build delivery maintains a competitive bidding/tender environment among
designer, contractor, and manufacturer.
* A design-build contract is used to ensure that a clear line of responsibility for the
design and compliance with code is established.
RCI's Position Statement applies to all publicly bid work, including federal, state
(provincial/ territorial), municipal and local government projects or otherwise
taxpayer-funded projects in which RCI, Inc. members may participate. Projects not
under the procurement requirements of government agencies or that do not utilize
taxpayer funds should also employ similar fair and impartial procurement practices.
RCI is an international association of building envelope consultants whose members
specialize in design, investigation, repair, and management of roofing, exterior wall,
and waterproofing systems. RCI regularly hosts education programs designed to
demystify and explain the application of roofing, waterproofing, and exterior wall
technologies. For more information about RCI, visit: call 800-828-1902.
Friends, this will hopefully "shut down" the wasteful spending, and eliminate
circumvention of procurement law.
This very direct, concise, and bold, position is essential knowledge the fiscal guardians
we depend upon. RCI "Stands Up" for it's members (and all taxpayers) trying to
make an honest living, while COMPETITIVELY BIDDING GOVERNMENT
RCI has set the "reference standard", and now it's up to the NRCA, ARMA, and
SPRI to follow suit in protecting us against such heinous taxpayer assault.
1500 Sunday Drive, Suite 204
Raleigh, NC 27607-515
800-828-1902 | http://www.rci-online.org/
My dear friends, I've given everything I have for 9 years. I knew the path would be strewn with obstacle, and the mission has been both physically, and emotionally, demanding. But TODAY, we can rejoice by knowing RCI CARES!
The roofing discipline owes RCI for restoring honor, and integrity to our chosen trade, and for protecting the taxpayers, and ultimately saving hundreds of millions of dollars that would have otherwise have been wasted on absolutely NOTHING.
Thank you again to RCI's Board of Directors role of leadership for fighting what I consider the most fraudulent waste of taxpayer construction dollars going today.
I am humbled to be part of this movement, and bringing it to your attention in the most specific way.
Today, I am happier than ever to say: "Reject negativity in all forms, and always remember to keep looking "UP".
Robert R. "Ron" Solomon
Manager, "Roof Consultant's Alliance"