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

Thursday, October 24, 2013

"TCPN favors Tremco "Associates" and abuses taxpayers"


TCPN as Tremco Roofing Exclusive Sales Team:



I will prove to you that TCPN has a very unhealthy financial interest in Tremco/WTI.  I would like to tell you that is unique, but it isn't.  The purchasing cooperative does not get paid to SAVE money, they get a COMMI$$ION of 4%.   Where is the incentive?

The more it costs, the more they make.  Period.

Would a rational person (taxpayer) approve of this method?  Of course not.  But, they are unaware, because they "Trust" others to care about our schools, and tax dollars.  The opposite is true, and permeates the very core of all government purchasing ciooperatives.

This example illustrates the nepotism, esoteric companies formed only to funnel money away from you.  I will make an attempt to bring them to you, and also continue to fight for fair bidding practices that do not excludee competition as TCPN does.

Let us begin.

The messages were sent to:  tmoses@tcpn.org 
  Copied:   
 
 
 


First message:

"Dear Sir:

Roof Consultant's Institute, and my group Roof Consultant's Alliance
(5,000+ members combined) take great exception to roofing services  contracted
through government purchasing cooperatives.

"TCPN will receive 4% of the total revenue from each PO executed  under
this contract. This fee will be included in the contractor's pricing  proposal and will not be
issued as a separate line item in any job proposals  issued to client members.

This contract management fee will be required to be  paid within thirty days of the completion of any work order".

TCPN is essentially a commissioned salesperson, and the more roofing
services cost, the more TCPN makes.  All incentive to achieve a lower price  is
immediately vacated.  Shameful.

We are fed up with terms like:

Proprietary Specifications
Sole Source Agreement
Preferred Vendor
Line Item Contract
Job Order Contract

They are designed only to circumvent fair, open, and transparent, competitive bid laws of every state in this country.



I see one of your preferred vendors is WTI/Tremco.  Are you aware they
were just handed a federal fine of $61,000,000.00 for abusing GSA "Line Item"
contracts?

http://www.tcpn.org/Vendors/Pages/WeatherproofingTechnologies.aspx

WHO is "Weatherproofing Technologies'?

TREMCO

Let's check TCPN's website for roofing contracts:

http://www.tcpn.org/Pages/All-Current-Contracts.aspx

Job Order Contracting (JOC) Services (AZ) Weatherproofing Technologies 3/31/2015R5155
Job Order Contracting (JOC) Services (LA) Weatherproofing Technologies 2/28/2015R5229
Job Order Contracting (JOC) Services (MI) Weatherproofing Technologies 3/31/2015R5121
Job Order Contracting (JOC) Services (MI) (Federally Funded Projects) Weatherproofing Technologies 3/31/2015R5122
Job Order Contracting (JOC) Services (TX) Weatherproofing Technologies 10/31/2014R5101
Roofing, Roof Repairs, Roof Maintenance Progressive Roofing 10/31/2014MO928

Who is Progressive Roofing?  A "Division" of Progressive Services.

Here is the "appointment" by TCPN to make Progressive Roofing a "partner", as they all like to say.

http://www.tcpn.org/Contracts/MO928/Progressive%20Roofing%20Award%20Letter%2012-2-09%20(Scan).pdf

That document will show you that Progressive Roofing submits some convuleted mess of numbers to TCPN for contract award.  NOT to a municipality, or any public works.  ALL COMPETITION has been effectively eliminated by the Vendor, and TCPN, although they keep saying "Competitively Bid", they are not.

TCPN is getting 4% (minimum) for jacking up roofing prices.  It really is that simple.  Tremco and Progressive Roofing are more than happy to oblige them.




Now, attorneys across the nation are seeking additional retribution, and
the cases include defective materials, and even the roofing applicators
themselves?  The data is very easy to furnish if that is your  pleasure.

We normally see either Tremco, or Garland as the only ones represented in
government purchasing cooperatives, and that is not by accident.  It's by
DESIGN!

Source:  http://schoolroofingscam.blogspot.com/

I've shown these individually before, as they are public record.  But Ms. Campbell (please visit her site for so much more information) has them organized for you.

On YouTube:

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

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

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

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

http://www.wbaltv.com/I-Team-Is-School-Construction-Costing-Taxpayers/-/9380084/9127454/-/uaj6je/-/index.html

http://www.news9.com/category/116601/video-page?clipId=8604183&autostart=true




Print media:

http://www.prnewswire.com/news-releases/former-tremco-employees-whistleblowing-leads-to-61m-settlement-of-qui-tam-case-221391811.html

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

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

http://www.professionalroofing.net/article.aspx?id=147

http://www.kitsapsun.com/news/2013/jul/12/north-kitsap-school-board-approves-roofing/#ixzz2ZGxAOd1M

http://www.bakersfieldcalifornian.com/archive/x333424294

http://dailyitem.com/0100_news/x1522095368/State-could-punish-district

http://cumberlink.com/news/local/crime-and-courts/cv-school-district-settles-lawsuit-with-carlisle-syntec-systems-employees/article_4e09a08c-9e18-11e1-9085-001a4bcf887a.html

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

http://www.daytondailynews.com/news/news/local-govt-politics/investigator-lack-of-bidding-cost-miami-county-tax/nTgdy/

http://www.metrowestdailynews.com/state/x1361725249/Framingham-company-probed-in-fatal-lift-accident

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

http://www.orovillemr.com/news/bayarea/ci_5667765

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

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

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

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

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

http://www.house.state.tx.us/video-audio/committee-broadcasts/committee-ar

How about some RPM/Tremco stock selloff by Corporate?

(Note: items in red were not included in my original message to TCPN) 

http://www.secform4.com/insider-trading/110621-1.htm

RPM Insider Trading Transactions for RPM International Inc.

Folks, you MUST read this link, and see the massive sell off.  This is the SAME company that TCPN is using exclusively.  A lot of money is flowing folks, and none of it reaching our schools.

They've  appointed a past Attorney General and official of DOJ (specialty in bid  rigging) to
the Tremco board as well.  Does that sound above board to  you?


I could go on, but the pattern does not change, and think I've proven my
point.

Tremco, and Garland "Salesmen/women" are paid exorbitant commissions
(25%).  That means for every tax dollar designated for roof replacement, or
repairs, only 75% actually gets there.  A vicious taxpayer assault in my  view,
and that of any rational person.

You are causing great hardship to taxpayers in this country, and to my
Brothers and Sisters within the roofing discipline who seek a fair opportunity
to bid for their own taxpayer dollars.

The path is well worn by Tremco, and Garland.

You, as a government purchasing cooperative facilitate this heinous assault
 on taxpayers, and the roofing world is vehemently opposed to it.

Don't believe me?  I've attached the words of a Garland Salesman, and
proudly listed in his profile.

AEPA, NJPA, US Communities, and TCPN are all variations on the same theme
since in the past - Tremco mostly won. In some cases, the copy cats like
Garland  and Hickman were successful.


The line item bid process is far from a true bid process where the low
company gets the work. Individual line items receive an estimate that is then
arbitrarily weighted. Whoever wins the most line items wins that portion of
the  bid.

In some cases, manufacturers are forced to bid on line items that they are
legally precluded from like the provision of design services. In the case
of  AEPA, the contract has more points riding on masonry restoration than on
roofing  services. At the end of the day, the line item portion is only a
fraction of the  rating system used to select a vendor since other subjective
measures come into  the picture that are not clearly defined to those of us
on the outside trying to  figure out their scoring system.


In the recent CV Schools lawsuit, found the AEPA process was flawed in that
 no due diligence was ever done to ensure that the schools got market compet
itive  numbers. When pressed they claimed that they never promised to
provide a more  competitive price.

If you read their marketing materials, you will find that this is not
accurate since most school districts are left with the impression that they are
getting a competitive number and the contract has been  "pre-competed".


In addition to their recent board addition, I also saw that they had added
an attorney with an extensive background at the DOJ with experience (12+
years)  with bid rigging.

At the moment, it is going on with a current RFP, and we will vigorously
protest if not withdrawn.

TCPN (see attachment)

http://www.tcpn.org/Pages/RFP-Webpart-Page.aspx

Due  Oct 28

RFP states: "TCPN (The  Cooperative Purchasing Network) intends to enter into Roofing Products and  Services Contract(s) for the construction, maintenance, repair and  alteration services related to roofing systems. These contracts will be  available for use by all public entities such as ESC's, ISD/USD's,  universities, city and county governments, community colleges, state and  federal agencies in these United States and other jurisdictions."

I would appreciate acknowledgement of receipt by all copied, and will await
 your response.

The purpose of this writing is to advise you of certain misconduct, and
make you aware.  I am praying you see the copious data as illustrative,
informative, and helpful.  Everything I write is for public consumption,  and you
are free to share it with anyone you wish.  Particularly Tremco,  and the
school district.

How shall we proceed?


Respect,

Ron"

**************************

Without benefit of reply, sent a second message to each member:


"Dear Sir:

Again: Roofing must be completely removed from your list of services, and a letter signed by the BOD to enforce it.  This is my minimum requirement.  

TCPN is a "Front" for Tremco, and that much is known, and certain.

Taxpayers cannot afford the unnecessary exposure to liability that TCPN, R4,Tremco/WTI/RPM brings.  Lawyers are now seeking testimony from Tremco "Approved Applicators", and have no reason to believe they will stop there. 

If you impose your will upon the taxpayers, the burden will fall to you.  Consider this friendly advice, and a certainty.  RPM's 61 million dollar federal fine is real, and explaining why you SPECIFICALLY choose them as a "Preferred Vendor", using "Line Item" contracting (the same thing they were guilty of with the GSA) might be a tough sell. 

Ignoring a reasonable concern will not make it go away.  I will expand my complaint now to include Directors of R4 Enterprises, LLC.  I have also become interested in your "non-profit" status, as I believe it to be overreaching, and unlawful.

It is a simple matter of "connecting the dots", and I will connect them.  That is a given.  Doing pretty good so far don't you think?

TCPN (all), "Pechacek" (all), Tremco (all), and R4 Enterprises, LLC (all), seem to be heavily dependent upon the favor of each other.  The "sleight of hand" is exceptionally clumsy, compared to most bid rigging themes.

Are the taxpayers served?  Of course not.

I am presenting you with fact.

If you want the protest on an "Official" form, please send it to me for completion.  But THIS is my official protest form.

Involved:



"As a Principal Roofing Consultant at Tremco, I have over 22 years of relevant experience within the municipal, county, state and federal governmental markets; in addition to K thru 12 and Higher Education. I am disciplined in the inspection, analysis, expert reporting, document development, project management and programming for all building envelope components including roofing, waterproofing and dam proofing assemblies. My success in this industry has been built upon relationships of trust with my clients. I believe in long-term roofing solutions and am available, as ‘The Reliable Resource’ for my client’s roof management needs".

 

 
Robert A. Pechacek
 
 





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Robert A. Pechacek's Biography

Type Of Business:

Government company

Marketing Area:

National

Expertise:

Governmental marketing

Major Product/SVS:

Professional development and technical assistance for school districts

Hobbies/Sports:

Sports

Education Degrees:

MBA, Massachusetts Institute of Technology (2012); Bachelor's Degree in Accounting, Oral Roberts University (1987)

Affiliations Awards:

Texas Association of School Business Officials; Government Finance Officers Association of Texas; Association of Educational Service Agencies; Association of School Business Officials International

Charity:

Volunteer, Local Church

Number Of Years In Profession:

15

Number Of Years In Current Position:

3

What Does He/She Attribute Success To:

He attributes his success to his background in auditing, the customer service skills he learned from his father and the support he received from his mentors.

Why did you become involved in your profession or industry?:

He became involved in his profession after gaining experience working as a financial auditor.

Position Responsibilities and Duties:

Heading the companies

Where Will You Be In 5 Years:

In five years, Mr. Pechacek plans to continue to expand and start new businesses
 
"Texas Association of School Business Officials; Government Finance Officers Association of Texas; Association of Educational Service Agencies; Association of School Business Officials International
Public testimony".

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

Andy  Pechacek, the CEO of R4 Enterprises LLC


Andy Pechacek

Entrepreneur and Management Consultant
Current
President/CEO at R4 Enterprises, LLC



Representative Profile
David Naber - Houston, TX
Southeast Texas and Louisiana
Telephone: (281) 358-4957
E-Mail: dnaber@tremcoinc.com



 
If you care to offer a reasonable conclusion, I am happy to hear it. 


If not, I will piece it all together into presentation form, and take our chances.  Please do not make me invest a huge amount of time into "Bid Rigging", although that's exactly what this is.


Note:  Not one of great sensitivity, am insulted that you, nor one person copied had the decency (much less courtesy) to reply. 


I am dedicated to a civil, fact based, discussion.  If you are amenable to such a theme, I would appreciate it.


Soon, I will have to report my progress to the taxpayers, and the lawmakers sworn to protect them.

Ms. Bushnell seems to be an important component in this "process" as well.  As Counsel, she should know better than to expose TCPN to such a vulnerable position.  I welcome her input.


What's your pleasure?

 
Respect,

Ron"


*********************************************************

Finally, received this reply from:  tmoses@tcpn.org

"Mr. Solomon,

 
We are in receipt of your correspondence dated October 16, 2013 and October 20, 2013.  We are in a quiet period for this solicitation until the deadline when the proposals are due. We will not comment on any solicitations currently being advertised.

 

Tray Moses
Director of Operations/Business Development
 
 
 
11280 West Road
Houston, TX 77065
Direct Line 713.554.0557
TCPN Main 713.554.0437
Cell 979.877.8583
 
 ********************************************************

Sorry to interrupt "Quiet Time".

 
My position is not based upon a SINGLE project, but their methods of jamming Tremco down the throats of our schools, and of you the taxpayer.  This is how Tremco shuts out competiition, and people like TCPN are more than happy to go along.

This is proven by their association with R4 Enterprises, LLC.

Alternate Names:

  • The Cooperative Purchasing Network - Assumed
  • Tcpn - Assumed
  • R4 Enterprises LLC - Legal
 
You will note that R4 Enterprises, LLC is comprised of at least one Tremco employee.

Key People & Organizations for R4 Enterprises LLC

Overview of R4 Enterprises LLC in Houston, TX

R4 Enterprises LLC filed as a Foreign Limited Liability Company (LLC) in the State of Texas on Wednesday, July 20, 2011 and is approximately two years old, according to public records filed with Texas Secretary of State. The filing is currently active as of the last data refresh which occured on Monday, October 21, 2013. A corporate filing is called a foreign filing when an existing corporate entity files in a state other than the state they originally filed in. This does not necessarily mean that they are from outside the United States.

Key People

Angela Bishop serves as the Director and has interests in other corporate entities including H-Ram Holdings, LLC, Kinetic Group LLC .

Robert Pechacek is the Director of R4 Enterprises LLC. Robert's additional corporate interests include Kinetic Group LLC .

  Jason Wickel The Director of R4 Enterprises LLC . Jason has other corporate interests including Kinetic Group LLC located in .

Angela G. Bishop is also the registered agent for the company. Also known as a statutory or resident agent, the registered agent is responsible for receiving legal notifications regarding court summons, lawsuits, and other legal actions involving the corporate entity.
We'll soon work on "The Kinetic Group, and reveal what we find here.
Active

D&B Company Report
  • 3 Active Members Found

Key roles for R4 Enterprises LLC


Director, Member Governing Person
Active

Director, Member Governing Person
Active

Director, Member
Active

Corporate Records

Texas Secretary of State
Filing Type: Foreign Limited Liability Company (LLC)
Status: Active
State: Texas
State ID: 801455253
Date Filed: Wednesday, July 20, 2011
Registered Agent Angela G. Bishop

Alternate Names:

  • The Cooperative Purchasing Network - Assumed
  • Tcpn - Assumed
  • R4 Enterprises LLC - Legal

That Friends, is OBSCENE by any stretch of the imagination.


I will report back on this development if TCPN, Tremco, and R4 Enterprises, LLC., admit to this obvious wrongdoing, and ceases.

If there is no such admission (although supported by public record), I will take you along for the ride.

NOTE:

I will no longer participate in any activities not directly related to "Roof Consultant's Alliance" or "Public Roofing Procurement".  You will see no mention of  manufacturers, distributors, consultant's, or contractors, who are not either the problem, or not committed to solving the problem.

If I am to protect taxpayers everywhere, may not be dependent upon the ambitions of others.  




I will try harder to condense these posts for you, but every turn I take reveals more.  Collecting this material is time consuming, and I'll try harder to bring it to you in a more "Professional" format.  For now however, you're stuck with facts, and a few illustrative photos.

Soon, I hope to do some audio "break downs" for you, as I present documents, and share the meanings with you. 

Please note that I alone am responsible for every word I say here.  I encourage constructive criticism, or factual corrections.

Thank you for visiting with me today.  Please reject negativity in all forms, and always remember to keep looking "UP".

Respect,

Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC 1325620 (Florida)

Note:  If you want to find out anything about me, just type my name in your browser.  It's all there, and my Linkedin full profile is quite complete. 



Thursday, October 3, 2013

"TREMCO eliminates fair competition for roofing in Missouri Schools"

You taxpayers in Missouri will be asking yourselves "Where'd the money go"?  Why are our schools broke?



I would like the good people of Missouri to see where their tax dollars are going.  Here is yet another "No Compete" setup designed only to funnel tax dollars AWAY from their intended purpose: "SCHOOLS".

How do cities like Detroit go bankrupt?

How come our schools have no money?



When you have a manufacturer, acting as a consultant, specifying only their materials, on a public project, it is ILLEGAL!

The lawyers have gotten loose after Tremco's 65 Million dollar federal fine, and are chasing down all Tremco's Public, and Private clients.  The attorneys are also questioning the roofing contractors involved (per attorney's listed in recent posts) .

This is what the carnage looks like:

http://www.slps.org/cms/lib03/MO01001157/Centricity/Domain/101/RFP%20PS%2010A-1213%20Roof%20Replacements.pdf

If you are not adept at reading public roofing specifications, it may be hard to sift through.  But what you need to know is that Missouri lawmakers are allowing this to happen.  By "this", I mean "no compete" bids through purchasing cooperatives.

If anyone can find anything that resembles fairness, or taxpayer value, please do correct me.

We will all be better served writing to the people listed in the link I've provided.



I do not like this fight.  I do not like spending every waking hour on it.  It takes me away from my responsibilities to the 2,800 members of RCA, and I don't like that either.

My demeanor is to be upbeat, and fun. Unfortunately those characteristics don't go far when dealing addressing Tremco, Garland, or Public Administrators.  Here, only the facts count, and you are the judge.

When it comes to public structures, and taxpayer money, I care only about "Fact", and "Fairness".

You will get neither from those who wish to enrich themselves, at the expense of our schools.

Today, I am happy, smiling, and productive.  It is sometime difficult to stay there, but I encourage you to reject negativity in all forms, and always remember to keep looking "UP"

Respect,

Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC 1325620
RobertRSolomon@aol.com

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