The purpose of this site is to increase public awareness of "Predatory Sales Models" and "Exclusion" of fair competition in public works.
I write it to help:
Architects, Public Administrators, Contractors, Consultants, Manufacturers, and Distributors, who are all affected by "Proprietary Specifications".
A sales trick to eliminate all competition for taxpayer money. A complete SCAM,
Everything I say here is backed by public record, and subsequent documentation. If I say something that is factually incorrect, I will retract it. Constructive criticism is encouraged, and welcomed.
NOTE: Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.
*Revised August 4, 2019.
In the upper right search box, please type keywords: School Roofing Scam, Purchasing Cooperative, Taxpayer abuse, Tremco, Garland, sole source, NRCA, Honor, Fairness, Competition, Public Procurement,etc.
Approximately 172 posts all told.
Highly recommended is Roof Consultant's Institute who provide necessary data, and support. (I have no affiliation with them).
"Self Advocacy Tools"
You may find it here:
The following comments are mine:
FACT: Garland, and Tremco do not make half the products they sell, and are not found in any local roofing supply house. It must be trucked in from Ohio. You are essentially exporting 70% of your local tax dollar to other economies.
FACT: Garland, nor Tremco will "Compete" for anything. Don't believe me? Tell your Garland, or Tremco Representative that you want to include other manufacturers to the bid list . Watch their faces, and I GUARANTEE they will run away.
But Ron, the purchasing cooperative says they won by "competitive" means. This an outright lie. The Cooperative lies to increase their commissions. U.S. Communities listed 55 pages of BLANK line items from Garland.
Since I noticed the blank documents, they have come up with this convoluted mess:
The "Response Package"
YOU, and all taxpayers should be concerned that we are paying upwards of 50% MORE for roofing and duped into thinking you've received a value. The opposite is true.
If you are working with a Purchasing Cooperative, your district is taking a beating that is 100% avoidable. Certainly, I've illustrated the scam that is undeniable.
I know all the manufacturers, and have installed millions of sq. ft. of any subset of roofing. Steep slope, single ply (EPDM, TPO, PVC), built up, modified, etc. I've successfully completed over 100 public schools, and know what I'm talking about.
If I don't know the answer, Roof Consultant's Institute (RCI) will. RCI is the standard for roofing excellence, and an honorable organization with top level consultants.
Many are Architects, Consultants, Engineers, Contractors, Manufacturers, etc. ,ALL are credentialed, and will have someone near you.
I do not belong to any organization. A lot of my work is very sensitive, and may cause discomfort through association. They are not allowed to speak freely, while I can tell the truth without fear of reprisal.
Please understand that I have no beef with individuals trying to make an honest living. It's the "Predatory Sales Model" I despise. I do not want to "Exclude" those mentioned, and welcome them to any public bid list. Repeat, I do not want Tremco or Garland "Excluded" from anything. They should get the same opportunity like everyone else.
IF YOU ARE NOT COMPETITIVE IN THE PRIVATE MARKET, YOU ARE NOT COMPETITIVE IN THE PUBLIC MARKET.
Doesn't that make sense?
Instead of "Favoritism", we seek fair competition for our own tax dollars.
Roofers will decide all things roofing, and not elite sectors who are without credential, experience, or the exhaustive safety training it takes.
"My name is Ron, and I'm a roofer.........For some reason, feel like I should be at an AA meeting."
Just so I don't come off like a 'Lone Wolf", will share what the National Roofing Contractors Association (NRCA), and Roof Consultant's Institute (RCI) have to say:
From Roof Consultant's Institute:
June 21, 2012 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. It is the position of RCI, Inc. that all public work and taxpayer-funded projects clearly adhere to all applicable 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).
1.) . 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 environmental requirements).
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. 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, RCI, Inc. Position Statement on Procurement – Support Document 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 to 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: (a) The principles noted above, are met. (b) Design build delivery maintains a competitive bidding/tender environment among all parties: designer, contractor, and manufacturer. (c) A design-build contract is used to ensure that a clear line of responsibility for the design and compliance with code is established. It is the position of RCI, Inc. that the use of "buy boards,” group-purchasing agencies, and all similar purchasing models in any type of building construction, remediation, or rehabilitation are not transparent, do not ensure compliance with the minimum requirements of the codes, do not provide a competitive bid situation, and should not be utilized.
This is what the NRCA has to say: Click to enlarge.
There you have it. The largest roofing organization (NRCA), and the premier Consultant's organization: RCI (Roof Consultant's Institute) have spoken, and any reasonable person will agree.
Please help stop this assault on taxpayers, and school maintenance budgets across all of North America. The "Scam" is impossible for them to argue, so they take the position of subterranean termites, and hide.
NOTE; Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.
Robert R. "Ron" Solomon
Public Procurement Analyst
State Certification CCC 1325620
Tampa, Florida 33647