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

Tuesday, February 7, 2017

Submit Voluntary Alternate when facing a "Proprietary Roofing Specification".

Submit Voluntary Alternate!
Do this IMMEDIATELY, and get your manufacturer approved.  The Manufacturer should help you.
The following suggestions are from a legal firm

Cohen Seglias 
Pallas, Greenhall, and Furman, PC
"A proprietary specification is one which requires the use of a sole source product. Bidders are responsible for determining the cost and sources of the items specified. It is a contractor's obligation to raise questions to the Government concerning purported proprietary items prior to bid opening. The time for objecting to a proprietary specification is before the submission of bids, not afterward. T.H. Taylor, Inc., ASBCA No. 26494, 82-2 BCA p 15,877 at 78,753 and cases cited; see also ... Buchner & Moore, Inc., ASBCA No. 25186, 83-1 BCA p 16,332 at 81,186-87.
In order to recover under a theory of proprietary specifications, a contractor must prove that (1) the specifications described the characteristics of only one standard product, (2) it submitted data describing an equal substitute product, and (3) the substitute was of the same standard of quality. Urban Plumbing and Heating Co. v. United States, 187 Ct.Cl. 15, 408 F.2d 382 (1969)Gall Landau Young Construction Co., ASBCA No. 24859, 83-1 BCA p 16."

I am thankful for their effort.

This is what happens when you object, and offer a mainstream manufacturer:

"Brother Ron,
The bid was just awarded for the roofing at the middle school.
Together we saved the taxpayer over 410 k!! Once Garland/ Tremco were exposed,with your great effort,the project award was 719k ,as opposed to 1.29 mil. Just wanted to give you an update. Be well Brother Ron.
All the best"

Friends, I'm teaching  you how to fight back, and not turn down "Proprietary Specification" (public) work.  Submit your manufacturer through "Voluntary Alternate", and save both taxpayers (you), and your schools a ton of money in the process.  

I am very thankful, and respectful of the time you spend with me here. I consider it a privilege to serve you. 

I do not subscribe to the stereotypical roofer image, and believe roofing is a noble trade.

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.


Robert R. "Ron" Solomon
Public Procurement Analyst
CCC 1325624
Tampa, Florida


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