"Shut Out" by the "Purchasing Cooperative Scam"?

Friends:

I know many of you are trying to make a living, and are honorable people.  We must however shun the black sheep among us.

The scourge of our discipline is "Purchasing Cooperatives" that scheme, and scam the public away from "Fair Competition".  I've written many articles on the topic, using public record as backup to every word I say.  Links to statements of fact are always provided.

NOTE: Retired 2003, do not solicit nor accept compensation or personal advancement of any kind.

Why I do this?  Many reasons, but primarily because I can, and know you don't have the time, or data.  I am a friend to Roof Consultants Institute, NRCA, major manufacturers, distributors, and contractors, across all of North America.

I have no interest in private owners, and concerned with  taxpayer funded projects ONLY.  A private owner can roof their building in seal fur for all I care.  It's THEIR MONEY, and none of my business.

Schools are paying around 40% MORE through Purchasing Cooperatives (rotten to the core) using ONLY Garland, or Tremco, as they isolate, and exclude everyone else.  We are talking about competing for your own tax dollars, and livelihood.  

A magnificent effort by the Ducker Carlisle report, and you can see it here:

http://procurement-reform.org/wp-content/uploads/2015/11/Ducker-Carlisle-Reports-PA-vs-AEPA-Tremco-costs.pdf

How'd that taste?

:


I DARE any Purchasing Cooperative, Tremco, or Garland to PROVE they are competitive.  It will be pretty difficult since they say they aren't competitive on their own websites.  Tremco has been fined $61,000,000.00 by the DOJ for abusing GSA contracts, and currently being sued by the SEC for lying.  SEC is insisting on a jury trial.  Neither Garland, or Tremco make half the products they sell.  Insanely expensive warranties that are actually "Service Agreements", and you will pay dearly for nothing.

Many of you feel the pressure of "Exclusion" if you speak up.  I am not restrained by such measures, and may speak freely without fear of reprisal.  It is my "Duty" to protect you, and I take it personally.

Roofing is the costliest item of any school maintenance budget, and being decimated by organized scams.  In the search box (upper left corner), type keywords like Fair Competition, Purchasing Cooperatives, Tremco, or Garland.  That will get you started, but I am always here to help you.

My central address:

RobertRSolomon@aol.com

I answer all mail, and never turn down a request for help.  Failure is possible, but certain if we don't try.   The discipline deserves better than me, but I'm what you have until someone else comes along.  The reading is tortuous, and the confrontations ugly.

No need to take my word for it, and you can type "School Roofing Scam" into your browser, and do the same on YouTube.  Only Garland, and Tremco are mentioned in the investigative reports, and there are many.  Rotten to the core, and everyone knows it.

By helping you, I am helping schools, and taxpayers at the same time.  The next time your children are asked to purchase basic school supplies, think of me.  The money just doesn't reach it's intended purpose because the heinous "middle man" steals it.

Breakdown:

Purchasing Cooperative gets 2%.
Tremco, or Garland Sales Representative gets 25%.

Your tax dollar just became 73 cents, with  nothing to show for it.  

I have these commissions posted, and you may want to check our Garland Sales Commissions in the search box.

I support honorable mainstream manufacturers like:  GAF, Johns Manville, Firestone, Carlisle, Barrett, and others who do not participate in such thievery. If you want to help iout, you can start by writing PO's to them.   

Thank you for spending time with me here, and know my words are sincere.  I've lived your life, and know the daily grind, and obstacles.  It's funny because I describe roofing as the "Glamour Profession".  It is summer, and nothing between us, and the sun.  If anything can go wrong, it will.

Please make sure your workmen are well hydrated, have salt tablets available, and watch out for each other. Especially for workmen using open flame, or hot asphalt.  A roll of modified bitumen weighs approximately 100 lbs., and you can imagine throwing  those around all day.

Please forgive my rambling, and use any information I've provided.  I write it for YOU.

Reject negativity in all forms, and always remember to keep looking "UP".

Respect.

Robert R. Solomon
Public Procurement Analyst
Licensed Consultant
Licensed Contractor
Florida State Certified
CCC 1325620

Mr. Brian Gardiner on Publicly Funded Construction Projects, a must read.

Friends:

It seems like I'm always writing about the "Bad Guys" who bring shame to our discipline,and harm taxpayers;  but today will be quite the opposite, and far more rewarding.  Certainly for me, and hopefully, for you too.

I'd like to share an exceptional article written by my friend, Mr. Brian Gardiner.  Brian is well known to members of RCI, He's worked tirelessly on their behalf, and fair minded people everywhere.  

Brian's article is accurate, reasonable, and fair  (typical of Brian).  My fondness for him is genuine, and well earned.  Brian stood by me, when I had no one.  Another admission is that we are a bit different in temperament.  Brian being the more educated, accredited, and experienced, while I struggle with aggressiveness, and a somewhat mercurial temper.  A character flaw I'm working on.

Please read "Interface'" RCI's publication.  It is imperative for anyone who considers themselves a "Professional".

Every school board in this country should read it, print it, and tape it to the wall.

The full article may be found here.  

http://rci-online.org/publicly-funded-construction-procurement/

I'll share a little of it below, but to get the full effect, PLEASE read the article in full. 

Editor’s note: This white paper was prepared for RCI and will be disseminated to news media throughout North America in support of RCI’s stance on publicly funded construction procurement.

EVALUATING TWO METHODS OF CONSTRUCTION PROCUREMENT

Public procurement of construction projects has evolved into various methods. Not all methods are allowed in all states. This article will examine two options: design-bid-build (open bid) and cooperative (interlocal) purchasing.

Design-Bid-Build

The design-bid-build project delivery method is available in all states (Figure 1).

• The owner contracts directly with a designer of record—typically an architect, engineer, or consultant (AEC)—to provide project-specific sealed documents that are advertised and bid by general contractors, subcontractors, and suppliers.
• The AEC has no financial interest in the products specified.
• There is usually a public bid opening by the owner, where bids are read aloud and recorded.
• The AEC typically participates in helping the owner determine bid awards and provides construction administration services.

Cooperative Purchasing

Cooperative purchasing of publicly funded construction is not allowed in all states. Additionally, some states previously allowed cooperative purchasing for construction, but now prohibit its use. Cooperative purchasing bidding and other practices can vary significantly from one cooperative to another.

• The cooperative, using its own criteria, determines who is the lowest responsible bidder and awards a multi-year contract, with possible one-year renewals.
• The primary entity providing construction services, or vendor, may be a contractor, manufacturer, or another type of business. These entities have an inherent financial conflict of interest when performing as the designer of record.
• There might not be a formal written construction agreement between the owner and the vendor. The owner may only issue a purchase order based on the unit price book created by the cooperative and priced out by the vendor (Figure 2).
• Bidders in cooperatives are often evaluated for items not included in a design-bid-build project, such as level of financial and sales force commitment to market the cooperative to prospective owners.

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

Brian Gardiner has practiced consulting for over 30 years. He is a past director of both RCI, Inc. Region IV (1995-1998) and the Building Envelope Institute, Inc. (2005-2006). Brian has been awarded the RCI, Inc. “Outstanding Educator Award” for presenting at numerous seminars. He is past chair of RCI’s Advocacy Committee and currently assists RCI with procurement issues affecting its Consultant members.

The article goes on to describe proper competitive bidding in all public projects.  If you don't like to read, he's got a number of graphs you can keep busy with.

If you are a public administrator, Brian's article just might spare you a world of hurt.  It can also make an administrator look like a "Super Hero" to the taxpayers in their district.

Staking my reputation, will tell you that if Brian Gardiner says it, it's true.  Truly, one of the most honorable, and capable men I know.  It is impossible for me to give higher praise.  The discipline needs him, and about 1,000 more like him.  If not 1,000, I'll settle for just one.


I wish I could list the names of everyone who's helped me, and the discipline, but I can't, lest they be ostracized.  We are free people, but cannot bid on projects using our own tax dollars.

If anyone wants to correct me, by all means, do.  Every word I say is backed by public record, so please make your comment fact based. as I cannot debate emotion.

Thank you kindly for spending valuable time with me here, and know how desperately I appreciate it.  

NOTE:  Retired 2003, do not solicit nor accept compensation or personal advancement of any kind.

Reject negativity in all forms and always remember to keep looking "UP".

Much Respect.

Robert R. Solomon
Public Procurement Anaslyst'
State Certified CCC 1325620
Licensed Consultant.

Note:  I do not contract, or work for anyone.  I maintain my credentials as reference only.

Roof Consultant Institute Honorable Position Statement AGAINST Purchasing Cooperatives.

Friends:

Roof Consultant's Institute (RCI) is the premier roof consulting organization on earth, with members in many countries.

Our mailing address is:

RCI, Inc.

1500 Sunday Drive

Suite 204

Raleigh, NC 27607

Add us to your address book

I had the distinct honor of working for, and being trained by, the first and only two time President of RCI, the late Mr. Bob Lyons.  His photo is on the right margin, and I display it with pride.


NOTE: Retired 2003, do not solicit nor accept compensation or personal advancement of any kind.

This brings me to today's topic:  RCI's Official Position Paper regarding Purchasing Cooperatives.

Reference:

http://rci-online.org/news-and-advocacy/policy-statements/

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.



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

Got That?

ROOFING is NOT a specialty item, and major manufacturers are stocked at local supply houses.  Purchasing Cooperative materials (Tremco, and Garland) are NOT. 





At any rate, I thank RCI for their fair, and common sense approach.  NO MANUFACTURER  may act as the specifier.   NO MANUFACTURER  may act as the consultant.  

FACT: 

NO Purchasing Cooperative can PROVE that competition ever existed.  Purchasing Cooperatives are essentially commissioned salesmen, with the Purchasing Cooperative getting 2%-4% for handling paperwork.  The "Salesman" gets a 25% commission.


The MORE the roof costs, the MORE commission they make.

I have a 15 year history of interaction with them, and have never seen such "Organized Corruption".   They will not defend their position, because it is indefensible.  COWARDS, and rotten to the core.  A strong statement, but one I can prove in a public debate.

You can buy Ticonderoga No. 2 pencils through a Purchasing Cooperative if you like, but Roofing is out of the question.  It's all a SCAM, and everyone knows it.  The excess spending on "Proprietary Specifications" is in the billions of dollars, and NOTHING to show for it.



Schools don't have money because too many people are stealing it before reaching it's intended purpose.   

RESPECT  to RCI on their honorable position.

SHAME on Purchasing Cooperatives who steal from our schools.

For the moment, I'll leave it there.

As always, I am humbled that anyone cares one bit about what I have to say, and I am very thankful for spending time with me here.

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.

Respect.

Robert R. Solomon
Public Procurement Analyst
Licensed Roofing Consultant
Licensed Roofing Contractor  CCC 1325620

Note:  I am retired, and keep my credentials as reference only.  I do not consult, contract, or work for anyone since 2003.  I do this because I can, and because I'm right.

Friends:

U.S Communities has been SOLD. I have to immediately work with the new owners, and remove roofing from their list of offerings.  USC fronts for Garland, and now that U.S. Communities is out of the way, perhaps the new owners will listen to reason.  

ROOFING does not belong in a Purchasing Cooperative's list of offerings, and it's also a reckless scam that cannot be supported.

I am very happy to bring you this news, and will report back after speaking to OMNIA's leadership team.

While I remain optimistic, will give them the chance to be heroes.  If they fail to negotiate in good faith, I'll  let you know.  The BOD may be impossible to reach, as they normally are, but I'll get there.

Copy and paste for full article:

file:///C:/Users/Robert/Desktop/OMNIA%20Partners%20Announces%20Purchase%20of%20U.S.%20Communities%20_%20Business%20Wire.html

Most of this drivel is "cookie cutter" language of Purchasing Cooperatives who are 100% against fair, open, competition, and bidding.  It is doubtful they can summon the decency to stop stealing from our schools through Garland, Ind.  

U.S. Communities have been a recurring nightmare, but maybe OMNIA management can understand the risk involved? 

 NOTE:  Retired 2003, do not solicit, nor accept, compensation or personal advancement of any kind.

"OMNIA Partners Announces Purchase of U.S. Communities"

Acquisition will partner two national government cooperative purchasing leaders for combined savings and value for public agencies

April 16, 2018 09:42 AM Eastern Daylight Time

FRANKLIN, Tenn.--(BUSINESS WIRE)--OMNIA Partners announces that it has entered into a definitive agreement to purchase Communities Program Management, LLC (CPM), the organization that staffs and manages the operations of the U.S. Communities Government Purchasing Alliance (U.S. Communities).

“Our mission at U.S. Communities has always been to drive savings, efficiency and the highest value through cooperative purchasing”“Our mission at U.S. Communities has always been to drive savings, efficiency and the highest value through cooperative purchasing”

Tweet thisTweet this

The U.S. Communities program provides world class procurement resources and solutions to local and state government agencies, school districts (K-12), higher education, and nonprofits. Participants have access to a broad line of competitively solicited contracts with best in class national suppliers.

OMNIA Partners is a national group purchasing organization composed of three subsidiaries: National IPA, Prime Advantage, and Corporate United.

“As the procurement industry evolves, it is important to provide incremental value to all stakeholders,” says M. Todd Abner, President & CEO of OMNIA Partners. “In the public procurement sector, we have found these two companies to be highly complementary, which will become even more clear as we take a methodical approach to operate the organizations.”

“Our mission at U.S. Communities has always been to drive savings, efficiency and the highest value through cooperative purchasing,” said Kevin Juhring, President of CPM/U.S. Communities. “Our discussions with OMNIA Partners revealed the alignment of the two organizations in our mission of providing savings, efficiency and value to public agencies. We are very excited about what we will collectively be able to do to increase the benefit to public agencies.”

The acquisition is subject to customary closing conditions and is anticipated to close in the second quarter of 2018.

About OMNIA Partners

OMNIA Partners is a leading group purchasing organization (GPO) in procurement and supply chain management. Comprised of three subsidiaries: Corporate United, Prime Advantage and National IPA, OMNIA Partners serves over 35 industries in both the private and public sector. Through Corporate United, the GPO provides world-class indirect supply and service offerings for companies across the globe, including more than 20% of the Fortune 1000. Through Prime Advantage, the GPO offers access to elite direct materials vendors specializing in commodities, engineered components, raw materials, services and supplies. The GPO also covers sourcing needs across the public sector through National IPA, with fully transparent, value-driven pricing. OMNIA Partners leverages the economies of scale of its group with decades of procurement experience to execute mutually rewarding contracts in a multitude of verticals, while providing an extensive portfolio of sourcing solutions and partnerships for its members and suppliers.

About U.S. Communities

U.S. Communities is a leading national government purchasing cooperative, providing world class government procurement resources and solutions to local and state government agencies, school districts (K-12), higher education institutions, and nonprofit organizations. U.S. Communities was founded in 1996 as a partnership with our National Sponsors. Today, our National Sponsors include the Association of School Business Officials, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, and the National Governors Association. U.S. Communities is the first cooperative , education institutions and nonprofits utilize U.S. Communities contracts to procure more than $2.7 billion in products and services annually.program to earn the NIGP Accredited Cooperative (NAC) accreditation. More than 55,000 registered agenciesContacts

For OMNIA Partners
Paul Lindsley, 615-585-3487
Paul.lindsley@phase3mc.com

I'll let you know what Mr. Lindsley has to say.  You may also contact him, and express the same concerns.

If we don't act in UNITY, we'll be dealing with the same rabid hyenas, fighting the same morbid scams.

Simply put, we want "Fairness', and not be forced to deal with Purchasing Cooperatives who are currently working to exclude ALL trades, so their 2-3% "commission" is, of course higher.  The Garland "Salesman" gets a 25% 'Commission".  INSTANTLY, your tax dollar is worth 73 cents, and nothing to show for it.

I'll stand up to OMNIA, and Mr. Lindsley, will you?

Thank you for spending your valuable time with me, and hope you get something out of what I have to say.

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.

Respect.

Robert R. Solomon

Public Procurement Analyst

State Certified 

CCC1325620

RobertRSolomon@aol.com

Tampa, Florida

Search this site for public roofing scams.

Friends:

The purpose of this site is to increase public awareness of "Predatory Sales Models" and "Exclusion" of  fair competition in public works.

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.

Architects, Public Administrators, Contractors, Consultants, Manufacturers, and Distributors, are all affected by "Proprietary Specifications".  A sales trick to eliminate all competition for taxpayer money.

In the upper left search box, please type keywords:  School Roofing Scam, Purchasing Cooperative, Taxpayer abuse, Tremco, Garland, sole source, etc.

Approximately 150 posts all told.  

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.  

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 retribution.

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.

Instead of "Favoritism", seek only 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."

I will help anyone who asks for help.

This is my mission, and will see it through. 




NOTE;  Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.

Reject negativity in all forms, and always remember to keep looking "UP".

It is humbling that anyone cares one bit about what I have to say, and I am thankful.

Respect.

Robert R. "Ron" Solomon
Public Procurement Analyst
State Certification  CCC 1325620
Tampa, Florida

GAG Sheet Metal Sues School District for "Exclusion of Competition", and unfair procurement policy.

Friends:

Public Procurement is a nightmare for the average human brain: The pompous attitudes, self important school board members, Superintendents, and those who decimate school maintenance budgets through "Bid Rigging".

Anything you need to know about this incredible scam is contained on this site,  Use keywords: School Scam, Purchasing cooperatives exposed, Tremco, Garland, u.s, Communities, School roofing, etc. in the search box (upper left corner of this page.

Okay, let's get started with the rant. I don't know if a rant backed by public record is a rant at all.   I just research, and write about public roofing scams.  You are the judge, and I welcome constructive criticism.

I don't traffic in opinions, emotions, or personal gain.  Simply put, I am in the "Fairness"Business".

Gag Sheet Metal & HVAC sues school district for "Exclusion" of competition..  

How many examples of "sole source", "Proprietary Specifications", "no compete" and Purchasing Cooperative manipulation must I provide?  Your schools, and all publicly funded projects are soft targets for this "Roofing Scam".

http://www.nujournal.com/news/local-news/2016/12/28/gag-sheet-metal-sues-school-district

Gag Sheet Metal sues school district

LOCAL NEWS

DEC 28, 2016

CONNOR CUMMISKEY

Staff Writer

ccummiskey@nujournal.com

                        

NEW ULM — Gag Sheet Metal (GSM) Incorporated is suing Independent School District (ISD) 88 over alleged infractions that favored its competitor Tremco Incorporated.

On Thursday, Dec. 22, GSM filed a complaint alleging that ISD 88’s bidding process for the partial reroofing of the middle school was not neutral in execution.

GSM alleges that Tremco had an advantage in the bidding process because the type of roof it provides was the preferred roof type in the plan, due to Tremco being involved in the drafting process.

GSM provides ethylene propylene diene monomer rubber (EPDM) roofs. EPDM consists of sheets of durable rubber laid across the structure. Seams are sealed with liquid adhesives or specialized tape.

Tremco customarily provides built-up roofs, consisting of sheets of saturated felt cemented together with asphalt, then covered in a “cap sheet” of asphalt or pitch surfaced with gravel or rock.

The complaint cites numerous points of the plan as putting increased costs on EPDM roofs for “no scientific or engineering reason.”

Alleged discrepancies include but are not limited to:

• The built-up style requires one-eighth inch of insulation per foot, whereas EPDM requires one-quarter inch.

• The built-up style is allowed to keep current insulation on most of the roof where EPDM must strip the roof down to the structural deck.

• Built-up requires installers with five years experience, but 10 years of experience is needed for EPDM.

• A flood test, required only for EPDM roofs, calls for the roof to be sealed and two and one-half inches of water left for 48 hours.

James Strommen, lead attorney for the district, said in a phone call Tuesday that ISD 88 has every right to decide a specific design in such situations.

"Public bodies are entitled to determine designs and equipment for the good of the people" , Strommen said.

That statement is patently false.  They may provide a "Standard", include 4 manufacturers, and competitively bid the project.  "Competition" includes manufacturers, and contractors who routinely work together.  

If Mr. Strommen were right, all public officials would have a "Right" to buy Mercedes 600's, without question.  I know how absurd that sounds, but Mr. Strommen cannot explain a "sole source" competition for taxpayer money.  It is against the law, and Counsel knows it.

My question is why administrators fight to the death for unscrupulous vendors, and Purchasing Cooperatives.  I'll express this sentiment to Mr. Strommen personally, and post his reply ASAP. 

This argument I will win every single time.  My position is impossible to argue against, and I know it.

The administrators do not have "Rights'.  The taxpayers own the buildings, and ground they sit on.  Administrators are paid by taxpayers to be responsible  custodians of OUR money.   Mr. Strommer has absolutely no authority to exclude competition. 

“Public bodies are entitled to detemine designs and equipment for the good of the people,” Strommen said. He added that multiple companies are expected to bid, thus Tremco has no exceptional advantage in the bidding process.

By "multiple companies", I'm assuming Tremco Applicators.  Tremco is a manufacturer, and not a contractor.  Why not include manufacturers that Contractors are trained, and equipped to install?  Contractors that spend huge sums of moneyon safety programs, training, etc.  They are the ones who have "Rights" to compete for their own tax dollar.

The lead attorney for GSM was unavailable for comment before print time.

The complaint astlhe plan.o alleges that a Tremco employee had a supervisory role in the drafting of the plans presented at a Dec. 6 meeting of potential contractors indicated they had been drawn by a “BDK” and approved by “R. Palmer.” The complaint alleges that R. Palmer is Ryan Palmer, a senior field representative for Tremco, who represented Tremco at the meeting.

The complaint alleges that without a signature assuring that the plans had been drafted by a licensed architect or engineer, ISD  88 broke state law.After the Dec. 6 meeting contractors received another copy of the documents that lacked the BDK and R. Palmer references. Instead they bore the stamp and e-signature of Terrance Duffy, a licensed engineer.

The signature stated that the plans had been “reviewed by (Duffy) or under (Duffy’s) direct supervision.”

The signature and stamp do not bring the documents back in line with the law, according to the complaint.

“That assertion does not comply with the requirements of state law, that the plans and specifications, including these drawings, be prepared by a licensed architect or engineer,” stated the complaint.

GSM seeks to stop the bid opening process that had been scheduled for Thursday, Dec. 29. The company also seeks to prevent any bids being awarded until the plans are prepared by a licensed engineer and provide equivalent requirements for both styles of roof.

A motion hearing is scheduled for 9:30 a.m. Wednesday, Dec. 28, in the Nicollet County Court House (501 S. Minnesota St., St. Peter).

Connor Cummiskey can be emailed at ccummiskey@nujournal.com.

 ----------------------------

Much respect to the Author of this article, Mr. Connor Commiskey.  

I would suggest thanking him for the article, and the article has a place for your comments.I should have a comment posted by tomorrow, and you are welcome to follow my lead.  Please take note of the money, and savings involved, Fairly typical of public projects, and especially schools.  

We want to compete for our own tax dollars, and feed our families, not be forced to "cheat" the public to get work.  We know it's illegal, and do not enjoy the position we're in.  Purchasing Cooperatives LIE to you about being competitive.  I alone can buy material at much lower prices, give a much better manufacturers warranty, and have the entire system comes with a 30 year labor, and material warranty.  If your roof leaks, or needs replacement during the warranty term, the manufacturer will fix it for free.  

Who do you want standing by you, GAF, Firestone, Johns Manville, Carlisle Syntec, or Tremco?  Tremco was fined $51,000,000.00 by the DOJ for abusing GSA contracts.  Now Tremco is being sued by the SEC for lying.  The suit is against Trremco, and their Attorney.

DOJ Case:: 

https://www.justice.gov/opa/pr/rpm-international-inc-and-tremco-inc-pay-nearly-61-million-failing-provide-government

SEC Case:

https://www.ohio.com/akron/business/manufacturing/rpm-international-fighting-new-sec-lawsuit-alleging-fraud

GAF, Firestone, Carlisle Syntec, and Johns Manville are honorable manufacturers, and preferred by anyone in the roofing industry. They would  welcome Garland, and Tremco to any bid list. 

Please don't take my word for any of this, and simply type "School Roofing Scam" into your browser, and see what comes up.  Then, do the same on YouTube.  You will only find Tremco, and Garland in the investigative reports.  All of this "arranged:" of course by the Purchasing Cooperative.  U.S. Communities is disgraceful, and at one time had 55 pages of BLANK LINE ITEMS as their Garland 'Competitive Pricing".  USC are liars, and I can prove it to anyione who wishes to comment, or contact me.  I forgot to mention that Cobb County (Georgia) Commission gets a 5% "kickback" in the scam, and here's the actual contract verbiage:

I don't make this stuff up folks", and if you look closely, EVERYBODY is getting a piece of the pie, while taxpayers suffer.  These are lying Cobb County Commissioners, and lying  U. S. Communities.  

5% kickback is beyond arrogance, and lustful greed.  Everybody imn Cobb County should know this, and Commissioner Joe Tommie is at the center of it all.  I've written to him many times, and was incensed when I saw an article in American City and County featuring Joe Tommie, shilling for Garland.

NO PUBLIC ADMINISTRATOR HAS THE RIGHT TO EXCLUDE COMPETITION.  tHEY MAY NOT GIVE EVEN THE SLIGHTEST HINT OF FAVORITISM.  IT IS AGAINST THE LAW IN ALL 50 STATES.

Anyway, here are the fine Cobb County Commissioners stuffing their pockets with 5% "Kickback" that YOU are paying for.  For them, I feel nothing but contempt.

“5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally.”

NOTE: Retired 2003, do not solicit nor accept compensation, or personal advancement of any kind.

Before I get further into this, want you to know the two main "Vendors"  are Tremco, and Garland.  I have no dislike for their salesmen who are only trying to make a living.  My beef is with their "Corporate Model;" which is to exclude any, and all competition.  NO "COMPETITION EVER EXISTED, OR OCCURRED".

Roofing, nor any other construction trade should allow administrators, or purchasing cooperative to pick winners and losers through "Exclusion".

The good people at Gag Roofing and Sheet Metal properly bid this project fairly, competitively, and in good faith.  This is what the taxpayers need, and deserve.  This practice is decimating school maintenance budgets across the US, Canada, and UK.  To an uninformed person, or "layman, could see how shiny pamphlets could be soothing.  You will not feel "soothed" when you are disgraced in  If you ever hear "WE HANDLE IT ALL", Run away at top speed.

I do not want Garland, or Tremco excluded from any bid list.  I want them to "Compete", just like the rest of us.  To get the best price you must contact the "Majors".  GAF, Firestone, Carlisle, Johns Manville.  Ever heard of them?  No?  Let me bring you up to date:

1.)  GAF - Worlds largest roofing material manufacturer.
Firestone - Backed by Billions in Bridgestone assets.
Johns Manvillwe: A Berkshire Hathaway Co.
Carlisle Syntec:

 There are many more, but can you image any reason that should preclude competitors like that?   My best suggestion is to offer a "Voluntary Alternate" to any closed specification project.  The school board, or public entity will see the difference between true competition, and "sole source" contracts.

Images below:

http://www.nujournal.com/news/local-news/2016/12/28/gag-sheet-metal-sues-school-district

Click to enlarge NRCA statement, or click the link above.

Roofing is not a "Specialty" trade, and brand name (the ones I've illustrated) are readily available at local roofing supply house.  NOTE:  You are retaining approximately 70% .of your local tax dollar.  Garland, nor Tremco have distributors, and are not locally stocked.

If you're not competitive in the private market, you are not competitive in the public market. Period.

Please read this, and understand it's happening all over the place.  I hear about it all the time from respected sources, and publications, in all 50 states.  The Roofing Discipline deserves better than me, but from what I know, the Cavalry is preparing to saddle up.   One example is :  National Roofing Contractors Association  (NRCA) position paper:


Again:  NOTE: Retired 2003, do not solicit nor accept compensation, or personal advancement of any kind.

Please understand  I have zero financial interest in any of this (except my taxes).  Everything I say is supported by public record, or accepted science. 

I would like to thank the honorable people at Gag Sheet metal for their courageous stand.  Here, we do not advertise, or prefer one vendor over another, all things being equal.  In this case, I think Gag deserves credit, and I'm going to give uit.

GAG Sheet Metal:

https://www.gagsheetmetal.com/aboutus.html

They are good people, a great asset to the community, and I'd recommend them to anyone within their territorial scope of operations  

  I think GSM deserves the love, so I'm going to give it to them.

Much Respect.

You honor our Brothers, and Sisters of the roofing discipline,and we are proud of you.  GSM transcends the stereotypical roofer image, and we need more like them.  

Thank you GSM.

NOTE: Retired 2003, do not solicit nor accept compensation, or personal advancement of any kind.

Reject negativity in all forms, and always remember to keep looking "UP".

Robert R. Solomon

Public Procurement Analyst

Florida State Certified

CCC1325620

RobertRSolomon@aol.com