Saturday, August 11, 2012

"Courage, and Carlisle-Syntec's stand against Co-Op Purchasing"

Anyone who's read a single word here, knows how much I despise "No Compete", "Proprietary Specifications", and "Sole Source" arrangements in Public Works.

They serve no purpose except to cheat you (the taxpayer) out of billions of dollars.  They do this through "Cozy" arrangements with Purchasing Agencies that eliminate, or severely restrict competition to favor only one material manufacturer.

In other words, there is absolutely no incentive to compete for your hard earned taxpayer dollars.

There are only a handful of people in North America who fight hard against "The Machine" for you. 

Often wondering why major roofing material manufacturers do not stand up to blatant abuse of the law, I'd now like to use Carlisle-Syntec as an example of how it CAN BE DONE! I finally see someone with the courage and spine to fight.  And, WIN!

In previous posts here, I've described GAF, Firestone, and Carlisle-Syntec as HONEST roofing material manufacturers.  Today I would like to congratulate, and acknowledge, Carlisle-Syntec's stand against taxpayer abuse.  I happen to know the people at Carlisle-Syntec to be honorable.



Please see source, and full content here (highlighted areas are by me):

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

CV school district settles lawsuit with Carlisle SynTec Systems employees:

Cumberland Valley School District recently settled a lawsuit in which it agreed to stop using cooperative purchasing programs for roofing projects.

Nicholas Shears and Michael DuCharme, both employees of Carlisle SynTec Systems, filed the lawsuit in June 2009, which contends the district’s use of a purchasing cooperative skirts state competitive bidding laws, resulting in higher costs for taxpayers.

While the district admits no wrongdoing, it has agreed to comply with state competitive bidding laws and cease the use of purchasing cooperatives, SynTec spokesman Brandon Peach said in a press release issued Monday.

"We’re glad the school district understands it can save taxpayer money by competitively bidding projects requiring roof work to ensure that the most qualified option is selected," said DuCharme, director of product marketing for the company.

"Unfortunately, the well-intended cooperative purchasing method has resulted in inflated costs due to the inherent complexity of construction work," DuCharme added.

Still bid co-op
While the district has agreed to cease the use of co-op programs for roofing projects, it reserves the right to use competitively bid co-op programs for many of its other business functions, district spokeswoman Tracy Panzer said.

"The district continues to maintain the contract in question was awarded through a competitively-bid cooperative purchasing program administered by the Central Susquehanna Intermediate Unit (CSIU), which is permitted by the Commonwealth Procurement Code," Panzer said.

The Cumberland Valley School Board in February 2009 awarded a $1.5 million contract to Tremco/Weatherproofing Technologies Incorporated for repair work at Monroe and Silver Spring elementary schools and at the Eagle View Middle School.

The lawsuit challenged the board’s authority to choose Tremco through a co-op agreement run by the Association of Educational Purchasing Agencies, which consists of educational consortiums from across the country.

In February 2009, SynTec spokesman Tony Matter said the company was not seeking a monetary award from the suit, but was instead seeking a ruling from the courts that the district was incorrect in using such a program.

Matter added SynTec brought the suit not because it was displeased the repair work went to another contractor, but because of its belief that use of the program undermines the spirit of the state law that requires competitive bidding.

Debating the costs
In May 2009, DuCharme said his company could have done the repair work for far less than Tremco, especially because the roof at Eagle View was still under warranty at that time as a Carlisle SynTec product.
The cooperative purchasing program allows school districts the option to use recommendations by a third party. In this case, CSIU receives quotes from a wide array of contractors, both in-state and out-of-state, through the AEPA and selects one as a default for work done in that area of expertise.

In its press release Monday, SynTec mentioned how cooperative purchasing methods have come under fire across the country for subverting the competitive bidding process.

"Independent surveys have demonstrated that roofing work procured through a cooperative can cost two to three times the average market value," Peach said. "While the competitive bidding model requires a design professional to approve any structural alterations, cooperatives often do not, resulting in a dangerous lack of construction oversight."

Peach added legislation has been implemented in Virginia and California to prevent such practices, with ongoing policy discussions taking place in Pennsylvania, Maryland, Virginia, Indiana, Texas and California.

Posted earlier on Cumberlink:
Cumberland Valley School District recently settled a lawsuit in which it agreed to stop using cooperative purchasing programs for roofing projects.

Nicholas Shears and Michael DuCharme, both employees of Carlisle SynTec Systems, filed the lawsuit in June 2009 which contends the district’s use of a purchasing cooperative skirts state competitive bidding laws, resulting in higher costs for taxpayers.

While the district admits no wrongdoing, it has agreed to comply with state competitive bidding laws and cease the use of purchasing cooperatives, SynTec spokesman Brandon Peach said in a press release issued Monday.

“We’re glad the school district understands it can save taxpayer money by competitively bidding projects requiring roof work to ensure that the most qualified option is selected,” said DuCharme, director of product marketing for the company.

“Unfortunately, the well-intended cooperative purchasing method has resulted in inflated costs due to the inherent complexity of construction work,” DuCharme added.

Check Cumberlink and Tuesday's print edition of The Sentinel for more on this story.

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Friends, we have a very long way to go, but if only a few more manufacturers take a stand as Carlisle-Syntec has,  the end of corruption, and taxpayer waste, is in sight.

THANK YOU CARLISLE for thinking outside a "Typical", passive, comfort zone, and WINNING.  We stand shoulder to shoulder with you, and celebrate your victory as our own.

I will encourage contractors to reward them with your P.O. book. 

THE "GOOD GUYS" WIN!

Dear friends, please reject negativity in all forms, and remember to always keep looking "UP".

Much Respect,

Robert R. "Ron" Solomon
Manager, Roof Consultant's Alliance
CCC1325620
RobertRSolomon@aol.com
Tampa, Florida - USA

Tuesday, July 17, 2012

Roofing Contractors/Consultants Accepting "Bribes"

Everything I say here is only for your consideration.  I write it, and you may evaluate the content as you see fit.  Fair?

I know the post title is rather provocative, but we'll break it down in smaller portions to understand the process.

First of all "Bribes" may be considered on any level.  From lunch at McDonald's to European Vacations, or African Safaris, and often this is the case.  I will offer the body of a recent post I made on Roof Consultant's Alliance:

Roofing Contractors accepting extravagant gifts from Material Manufacturers: A/K/A 'Indentured Servants".

Who is to blame for that? Manufacturer or Contractor?

Frankly, I think it is a practice that should be eliminated, much the same as handing out liquor at Christmas has. It's base, and ugly.

How many of you can be "Bought Off"? The fishing trips, the hunting trips, the golf trips, TV's, shotguns, etc. are not "Rewards", but bribes.

No one can tell me they don't expect you to pay for these things one way or another.

Trips to Europe, Alaska, Hawaii, etc. are not remotely uncommon, and we act like it's okay. Why isn't it Ron? After you've received their "Gift", they own you. That is until another manufacturer comes along and offers more free stuff.

I find it very unflattering, and a tool based upon greed alone. Yet, we see it like we "Won" something. No we didn't, we "Bought" something.

Here we are dealing with many billions of dollars in commerce, and sell ourselves to the highest bidder. I suggest you revisit your supplier, material manufacturer, and roofing contractor relationship.

Before we proceed, let me please state there are many fine, credible, and honest manufacturers, consultants and contractors.  This is not about them, but for the ones who are guilty of it as a "Lifestyle".

Consultants are being bought by manufacturers, and then they buy off the roofer. This is extraordinarily damaging to taxpayers who pay for the scam.

Nobody has to care about this, but once you lose your "Honor and Integrity", you might as well have a brand on your forehead.

This debauchery is insulting to all of us, and I'm sure the manufacturers will agree, once they think of their "Beggars". The "Beggars" are people who are always calling for a free lunch. They like to feel "Important", when in fact, they are nothing but "Pawns".

I'm sure many of you will try to justify it, just as I've tried to denounce it, but "Buying Business" always ends up on a dead end street.

Respect,

Robert R. "Ron" Solomon
Manager, Roof Consultant's Alliance
CCC1325620

Okay, you may think I'm being abstract for even questioning this long standing practice, but it has grown to epic proportion.  Why is it so bad now Ron?

Government Purchasing Agencies:

Help facilitate this behavior, and naturally, come the hogs to feed at the trough. 

Do they care about you?  Of course not.  Do they care about our educational facilities?  Of course not.  Do they have any self respect?  Of course not.

They understand one thing:  MONEY.

It's so bad that normally honest roofing contractors unwittingly allow themselves to be "Owned", and immediately lose all objectivity when providing the best products for the end user.

Far worse are the government agencies, and roof consultants, being bought off on a very regular basis.  Why should I care Ron?  You should care because these "Perks" cost money, and lots of it. 

They will try their best to eliminate any competition for taxpayer dollars (schools), so they can continue feeding the beast. It's thieves telling other thieves how to be thieves. 

The lure of money seems to strip many of their dignity, and I find that a crying shame. 

Whatever they do with a private owner is not my concern.  But when they bring it upon the taxpayers, I make it my business to bring a heightened awareness.

That "Heightened Awareness" portion means personal attention.

I catch a number of them, but I am only one person on a $0.00 budget.  I'm finding that I can overcome all thieves who steal from the government.  It's just a matter of how many hours a day I can devote to them.

My priority is streamlining the technique, and addressing them on a state or federal level.

The reason your taxpayer dollars are being stolen in huge chunks is because you remain silent, and they know you will remain silent. 

Apologies to all the honest people within the roofing discipline, as it's only the few (same ones every time) who bring shame.  Many times I've illustrated to you who they are, and who they are not.
 
Friends, I hope you and your families have been well since the last post.  Also hoping business is as you wish, and you are happy.

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

HELP EACH OTHER

Ron

RobertRSolomon@aol.com

Wednesday, June 27, 2012

"Respect to Roof Consultant's Institute BOD for Protecting Taxpayers"

Today, all TAXPAYERS, consultants, manufacturers, and contractors within the roofing discipline, may be proud.  RCI has taken a very definitive stance on "Government Purchasing", and "Purchasing Co-Op's", who do everything EXCEPT serve the taxpayer.

Before I go further, please let me list the complete position (with permission graciously provided by RCI):

 RCI, Inc.
1500 Sunday Drive, Suite 204
Raleigh, NC 27607-515
800-828-1902

 http://www.rci-online.org/


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
procurement:
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
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.

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
all parties:
     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
PROJECT WORK.

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.

RCI, Inc.
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".

Respect,

Robert R. "Ron" Solomon
RobertRSolomon@aol.com
CCC1325620
Manager, "Roof Consultant's Alliance"

Friday, May 11, 2012

"What's HORRIBLY WRONG in Roofing Today"

Dear Friends:

I'm sorry to be away so long, but I've been literally consumed by hundreds of requests, and should have made time for you.  I am sorry, but maybe today we can share some thought.

I'd like to share a very disturbing issue currently within the roofing discipline, how it affects each and every one of you.  We will offset the dark mood with an uplifting post the next time (I promise).  This wiill be left to your interpretation, and as always, you can decide. Fair?

This is one of the biggest TAXPAYER SCAMS I've ever seen.  The topic:

"PROPRIETARY SPECIFICATIONS"

Friends, I will assume most of you do indeed pay taxes, so when I refer to "Taxpayer Money", you should understand that to mean "My/Our/Your Money".  The government doesn't "Own" anything.  We "Own" it.

This is a VICIOUS, and DEEP ROOTED ABUSE OF TAXPAYER FUNDS.  Plain, simple, and to the point.

Well known, and well worn.  It is primarily an "Aggressive sales model" designed to "dupe" Facility Managers, Purchasing Agencies (whom are riddled with fraud and corruption), School Districts (their absolute favorite targets), and generally ALL PUBLIC WORKS.

Rarely, if ever, do they try this scam on a Private owner, because in that scenario, the person who "Owns" the building actually has to pay for it.  In Public works, there is no such person, unless you consider a corrupt purchasing agency a rational and reasonable caretaker of your money.

Let me tell you something I KNOW:  The money may always be traced back to it's source, and whoever "Approved" the expenditure is the "Root Cause". 

Now, let me put away my broad brush, and share what I consider to be a fair option.  Once the person who signed off on it has been notified of this "Closed Specification" favoring only ONE MANUFACTURER, and unnecessarily limiting the specification (normally written by the offending manufacturer), they should have an OPPORTUNITY to change the procurement method.

This may be accomplished in a very civil manner, but most agencies I've dealt with find it "Intrusive", circle the wagons, and here we go.  NEVER have I dealt with a public entity where this was not absolutely the case.  Advising them of a potential liability to the district would be considered a good thing, right?

Please shake that notion out of your head right now, because the exact opposite occurs.  For some ungodly reason, they will fight to the death for something they KNOW is wrong, rather than accept STATE LAW, and follow it.  They are far above any laws, or so they think.

Example:  Some of you may know I was involved in the following Investigative News Report for NEWS 9 in Oklahoma City.  Here is a video of that report, and it will help a great deal if you take a moment to view it:


That's between 3 and 6 MILLION dollars of taxpayer overpayment in Tulsa alone.  Can you just imagine the outrageous sum throughout the State of Oklahoma?  Attorney General, Mr. Scott Pruitt issued a demand letter to Oklahoma State Auditor Mr. Gary Jones.

The demand letter is included in the above report, and all you have to do is click on it.  Click on the rest of the documents as well, because Tremco and the School Districts are caught red handed.

Mr. Jones has done absolutely nothing, and thinks I'm THE ENEMY!!  I'm not the one who manipulated those millions of dollars.  I'm the one who helped EXPOSE IT!!  Bob LaBass is the guy the money can be traced back to, and as he chuckles before the camera, everything he says is FACTUALLY WRONG!

The good people of Oklahoma deserve better.  Much better.

They DEPEND upon everyone simply forgetting, but I will not forget, and will see it to conclusion.

For example:  Flagler County Schools (Florida) fought me for three months, and stuck tight to the side of their "Preferred Vendor".  In this case it was "Siplast".  I quoted the law, and they ignored it.  I explained they only need to add two words "Or Equal", and they'd be fine.  NO, they took the side of the vendor over the taxpayers.

But when I presented discovery of .....let me think of how I want to say this....A rather "Covert" proceeding behind closed doors, the projects were put on hold.  NEVER ONCE did they acknowledge it is wrong to "Exclude Competition".  The head of PURCHASING there by the way, was the one appointed to open the bids.  Uh Huh.

Their procurement now reads: 

http://boardpolicy.flaglerschools.com/index.php?title=721_-_Purchasing_Policies_and_Bidding

The link above will take you to the procurement in it's entirety, but this is a segment illustrating what they ultimately did.  All that aggravation and pain, because they wanted it "Their Way".  But now it appears the district sees it my way.  If not, I welcome their criticism, or criticism from anyone really.

For any other School Districts out there who may accidentally read this, please take note:

721 - Purchasing Policies and Bidding

From FCSB Board Policy

 

Policy 721

The Superintendent or designee shall be responsible for all purchases of materials, equipment, and services from District school funds. Only persons authorized by the Superintendent or School Board rules may make any purchase involving the use of school funds. Unauthorized expenditures shall not be approved by the School Board. The following provisions shall govern purchasing and bidding procedures for materials, equipment, and services:
  1. Authorization to Execute Purchase Orders. The Director of Purchasing or Purchasing Agent(s) shall be authorized to sign purchase orders.
  2. Development of and Adherence to Specifications. Purchases through bids and quotations procedures shall be based upon justification and specifications which are clear, definite, and certain as to character and quality and shall conform to standard specifications for the various classes of supplies, materials, parts, services, or equipment desired. Such specifications shall be conducive to securing the most economical price for the highest quality product which best meets the needs of the educational program. Specifications shall be as open as possible and it shall be made clear in the invitation to bid that use of a trade name does not give exclusive rights to that product. Preferential bidding shall not be permitted. The Superintendent or designee shall be responsible for soliciting the assistance of District staff members who use the products to prepare specifications and to evaluate bids.
  3. Requirements for Competitive Bids. Bids shall be requested from three (3) or more sources for any purchase of materials, equipment, or service exceeding $25,000.00, unless the item is purchased on the basis of an established state contract, through approved on-line procurement, under the provisions of Subsections (12) or (13) herein, or is otherwise exempted from bidding by Florida Statutes or State Board of Education rules. (See Policy 723 for requirements for competitive bidding on materials, services, or service related to Facilities Operations and/or Construction projects.) A particular item or group of similar items which is anticipated to exceed a collective legally permitted total during the fiscal year shall be subject to the bid requirements as described herein.
  4. Standard Bid Procedures
    1. The Purchasing Department shall maintain a list of all potential bidders by category of commodity or service and shall include the names of all persons or firms that requested placement on the list. The Director of Purchasing or designee shall mail or email each request for bids to each person(s) and firm(s) on the list for that particular commodity and may mail or email the request for bids to other known persons or firms that are capable of providing the requested commodity.
    2. The Director of Purchasing may remove the name of any person or firm from the list upon failure to respond to three (3) consecutive requests for bids.
    3. The Superintendent or Director of Purchasing may remove the name of any unqualified or unreliable person or firm from the list. However, the person or firm may apply to the Director of Purchasing for reinstatement to the vendor list after being removed for one (1) year.
    4. Prior to issuance of a purchase order in excess of the threshold provided in 287.017, F.S. for Category Two, the vendor shall execute an affidavit, pursuant to Florida Statutes, certifying that neither the firm nor any or its principals have been convicted for a public entity crime and placed on the convicted vendor list within the previous thirty-six (36) months.
    5. Bid Receipt, Opening, and Tabulation. Sealed bids shall be received in the purchasing office at the time and date designated in the request for bids. All bids shall be opened publicly in the presence of at least one (1) School Board (Director/Administrator). The Purchasing Agent shall read aloud the name of the bidder and the amount and shall make recommendations to the Superintendent who shall make a recommendation to the School Board. The tabulation shall be signed by the Director of Purchasing and School Board employees in attendance. Bids received after the designated time shall not be accepted or considered.
    6. Award of Bids. Each bid shall be awarded on the basis of the lowest and best bid which meets specifications with consideration being given to the specific quality of the product, conformity to the specifications, suitability to school needs, delivery terms and service, local bidder preference and past performance of the vendor. In case of a tie, the recommendation shall be made by the flip of a coin. Samples of products may be requested when practical. The School Board shall reserve the right to reject any or all bids. All Bids submitted to the School Board for approval will be approved for validity by the Director of Purchasing.
    7. Public Inspection of Bids. Bids and quotations shall be made available for public inspection on the posting date and copies may be obtained subsequent to the posting date. The fee for photocopying shall be in accordance with the School Board entitled “Photocopying of Public Records.” Original bids and quotations and the transmittal envelopes shall not be removed from the purchasing office. Bid awards will be posted on the School District Purchasing Department website.
    8. Award to Other Than Low Bidder. Any bid recommendation other than the low bid shall be accompanied by a written statement signed by the Director of Purchasing giving the reasons and justification for such action as provided in Subsection (3) herein. Single or combination items may be considered in determining the recommendation.
    9. Electronic Bidding. Electronic bidding may be utilized when it is determined to be in the best interest of the District. All requirements for advance notification of bid specifications and date and time of bidding shall be met. Each bid shall be awarded on the basis of the lowest and best bid which meets specifications with consideration being given to the specific quality of the product, conformity to the specifications, suitability to school needs, delivery terms and service, and past performance of the vendor. Any bid recommendation other than the low bid shall be accompanied by a written statement signed by the Director of Purchasing giving the reasons and justification for such action. Documentation of the bid process shall be maintained for audit purposes.
    10. Bid Withdrawal. A bidder may withdraw a bid before the designated time for opening bids by submitting a written request to the Director of Purchasing and identifying the reason(s) for the desired bid withdrawal. A bidder shall not be permitted to withdraw a bid for any reason after the designated time for opening bids unless mutually agreed upon by both parties.
If you have any question regarding procurement laws in your state, please write to me at:

RobertRSolomon@aol.com

I will research them for you, but NO public entity should ever give the slightest impression of favoritism, nor shall they limit competition to one manufacturer, or contractor.

Remember, YOU own it, not them.  Roofing is not a "Specialty" item, and numerous manufacturers provide quality materials without having to CHEAT.

Since I've condemned bad behavior, let me praise good behavior.  37 years of experience have taught me the pitfalls of what I still consider to be a noble discipline.

NOTE:  This blogsite does not accept advertising money.  I am retired, and have been for 9 years at age 50.  I do not solicit, nor accept money from anyone for anything.  This includes manufacturers, consultants, distributors, or contractors, and can prove it in a court of law.

Friends, I'm prepared to place my 37 year career upon the honesty, and "Fair Play" of the following manufacturers:

FIRESTONE BUILDING MATERIALS

GAF

CARLISLE-SYNTEC

GAF also makes fine residential products, and perhaps you will consider them for your residence.  They do manufacture (and stand behind) the number 1 selling shingle in the world ("Timberline").

Certainly a number of others will voice "Opinion", but I invite you to research them yourself.  One technique I use is to type in the company's name, followed by the words "School Roofing Scam".  Then I go to YouTube, and do the same thing.  You will see the names Tremco, and Garland quite a bit, but you will not see the manufacturers I've mentioned.  If you do, I want to hear about it.  So do they.

I'm often told to "Keep Quiet", but I'd rather tell you the truth here, than simply "Go Along".  Your TRUST in me may not be compromised.

Frankly, I hope that is one reason you spend time with me here. Many of you from across the globe visit with me, and I am humbled by the mere thought of it. 

As always, I will ask you to reject negativity in all forms, and always remember to keep looking "UP"
(this one is for CTA)

Respect,

Robert R. "Ron" Solomon
Tampa, Florida












Monday, February 27, 2012

"Comparison between N. America, and European Roofing Technique"

Well folks, it's been some time since I last posted (forgive me), but I think this topic is an interesting one.

I cannot speak with authority on European themes, as I haven't been intimately involved with these processes.  But, I can share thought from my European colleagues who regularly visit with me here.

A couple of things stand out to me, not the least of which is total land mass, and population density.  This will lead us to average high/low temperatures, and of course average rainfall.

The Asphalt Roofing & Manufacturer's Association (ARMA) says this:  http://www.asphaltroofing.org/

History of Asphalt Roofing

History of Asphalt RoofingSince its discovery more than 5,000 years ago, asphalt has proved to be one of nature's most useful – and abundant – materials.
Though you may never have considered it, asphalt (a petroleum byproduct), is a naturally occurring part of the environment. (And now thanks to advances in technology, asphalt roofing products are as friendly to the environment as they are to the buildings they protect.)

No stranger to the building industry itself, asphalt has been used successfully as an excellent natural preservative, as well as an outstanding waterproofing and adhesive agent for centuries. For the past 150 years, in fact, asphalt has proved the most popular roofing material in North America. And deservedly so!


"General Mission of ARMA"  
  • To promote and further the sale and use of bituminous-based roofing products.
  • To defend and protect the asphalt roofing industry from actions that may restrict the sale of certain bituminous-based roofing products.
  • To provide a forum to coordinate activities that would benefit from group attention.
  • To provide liaison with others having an influence on the industry (i.e., other associations, building code agencies, etc.).
  • To serve as a voice for the industry, presenting collective positions on issues of concern.
  • To maintain a strong and active membership.

History Channel Explores Asphalt Roofing In Modern Marvel's "Secrets of Oil"

[Washington, DC] (September 15, 2008) –The Asphalt Roofing Manufacturers Association [ARMA] is featured in a new episode of The History Channel's Modern Marvels series titled "Secrets of Oil." The episode includes a segment on asphalt shingles -- one of today's marvels, which is used on approximately 80 percent of homes in the United States.  Modern Marvels looks at the ways oil is used beyond gasoline and transportation. It shows how asphalt shingles are made and the benefits they bring to rooftops.
"Asphalt shingles are the leading choice for residential roofing in the United States because they provide quality, durability, versatility and economy," said Reed Hitchcock, Executive Director, ARMA. "Asphalt is the key to the durability of asphalt shingles, allowing them to endure harsh weather conditions all year round in every climate."
For the past 150 years, asphalt has proved the most popular roofing material in North America. Today four out of five homes are roofed with asphalt shingles. More than 12.5 billion square feet of asphalt shingle products are manufactured annually, which is enough to cover more than 5 million homes.
The benefits of asphalt shingles include:  You will notice the complete absence of environmental benefit.
  • Product Performance -- Asphalt shingles perform well in extreme temperatures and in areas where wind, water and ice are prevalent.
  • Affordability -- The efficient, high-volume production and relatively low application cost of asphalt shingles provide consumers with an overall value that’s tough for other roofing materials to match, especially in terms of comparable life expectancy.
  • Low Maintenance -- Asphalt shingles, when properly chosen and applied, require little or no regular upkeep and are easily repaired if damaged.
  • Ease of Application -- Asphalt shingles are considered to be the easiest of all standard roofing materials to apply. In addition, the flexibility and strength of asphalt shingles supports their application on a wide variety of roof designs.
  • Fire & Wind Resistance -- Asphalt shingles are manufactured to resist external fire and meet flammability standards. They  carry Class A, B or C fire ratings, with Class A providing the greatest fire resistance. These fire ratings are defined by nationally recognized standards and certified by independent testing agencies. In addition, many asphalt shingles carry a "wind resistance" label indicating that they have been manufactured and tested to demonstrate acceptable resistance in high-wind locations.
  • Aesthetic Appeal -- Asphalt shingles offer consumers the broadest array of colors, shapes, and textures available. With an enormous range of styles, asphalt shingles can match almost every type of architectural design and achieve virtually any desired effect – and do it affordably.
To find out when “Modern Marvels: Secrets of Oil" will air next, visit www.history.com/shows.do?episodeId=337088&action=detail.
For additional information concerning asphalt roofing and ARMA, visit www.asphaltroofing.org.
About the Asphalt Roofing Manufacturers Association
The Asphalt Roofing Manufacturers Association (ARMA) is the North American trade association representing the manufacturers and suppliers of bituminous-based residential and commercial fiberglass and organic asphalt shingle roofing products, roll roofing, built-up (BUR) roofing systems, and modified bitumen roofing systems.
This next document describes actual makeup of the most widely used shingle in the world, GAF’s “Timberline”.  As shingles go, it is a very fine choice, and backed by an outstanding manufacturer, GAF.
SECTION 15: REGULATORY INFORMATION
U.S. FEDERAL REGULATIONS
313 REPORTABLE INGREDIENTS:
Asphalt 8052-42-4
CALIFORNIA PROPOSITION 65:
This product contains a chemical known to the state of California to
cause cancer and birth defects, or other reproductive harm.
Cancer: Asphalt.
Other state regulations may apply. Check individual state requirements. The following components appear on
one or more of the following state hazardous substances lists:
Asphalt
8052-42-4 Yes Yes Yes Yes Yes Yes

CARCINOGENICITY:
Direct implantation of glass fibers into the lung tissue of laboratory
animals has produced lung fibrosis and lung cancer. Human
epidemiological studies of inhalation exposure have yielded negative results. NTP Listed; Carcinogen IARC Class 3C.

Did you notice the 12.5 BILLION square feet?  Where do you think all that bituminous tear off material goes?  Asphalt is "Friendly to the Environment"?  Positively absurd.  It is OIL, plain and simple. No animal on earth eats it, and it will never break down in landills.

Is it a good idea to install an oil based roof in a hotter climate?  Well, they don't tell you that white asphalt shingles can easily reach surface temperatures of 200 degrees F.  The petroleum acts as a "convection oven" since the sun "sees" them as black.

Then there's the nutrient runoff in both nitrogen and phosphorous which starves water of oxygen, and subsequent microbial growth.

Okay, buildings in Europe demand "Long Term" solutions like concrete tile, clay tile, copper, standing seam metal roofing, in order to last, and to preserve great architectural monuments.  The buildings in America are maximum 236 years old or less.  European structures have far more character, and provenance, dating back many centuries.  The population there is not used to "Cheap" asphalt shingles, nor will they get used to it.

European examples:




I admire the artisan effect of "Old World" techniques that WORK.  Gee Ron, a tile roof costs twice as much as a shingle roof.  Okay.  The tile roof (if installed properly, and with proper underlayment, and flashings) will be tho ONLY roof you will ever buy.  Shingle roofs are designed to fail, and degrade over a relatively short period of time.  In Florida, a 20 year shingle must (generally) be replaced within 12 years.

Doesn't seem like much of a "Bargain", does it?

I'm trying to study European roofing techniques, and hopefully import more "long range thinking" to my colleagues.  Asphalt shingles serve no real purpose in terms of value, energy, clean water, or serviceability.



It's absolutely maddening to see asphalt shingle roofs on million dollar homes.  Why would you choose to make a focal point of shingles?  Oh yeah, because it's "Cheap".

At least we have choices, and many factors go into selecting the correct roof system.  If you are in a very short term investment, I can see how it may be an option.  But if you're going to live in the house, I would suggest not greatly devaluating your home with asphalt shingles.

No disrespect to my many friends in the asphalt shingle business,

Thank you so much for visiting with me, and I am very thankful if anything I have to share is useful to you.

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

Respect,

Robert R. "Ron" Solomon
Manager, Roof Consultant's Alliance
CCC1325620






Saturday, December 17, 2011

"LAW", and Public Bid Procurement"

Recently, I was asked to offer assistance regarding a "Proprietary" arrangement with a school district here in Florida.  First, let's understand the purpose, which is to ELIMINATE FAIR COMPETITION IN PUBLIC BID PROJECTS

A Private Owner is free to do anything they like with their own property, and must only comply to building code, and permitting jurisdiction.  They OWN the building, are the ones PAYING for services, and it is not our business to ponder their decisions.

Publicly Owned structures are not "Owned" by the government, but by taxpayers.  Therefore, we must seek both serviceability, and VALUE.  NO local, state, or federal agency may be exclusive of fair bidding, and procurement.  Here, we are discussing roofing only, but it is applicable to all disciplines, and services.

http://www.weblocator.com/attorney/fl/law/constructlaw.html#30

Florida statutory law requires combative bidding, and the Florida District Court of Appeals has held that the government cannot split the contract into separate pieces to avoid the statutory monetary minimum (with exceptions for specialty work or work that requires special skills not found in the general market). Further, Florida courts have held that a public body may not draw specifications in its bid request that would permit only one bidder to qualify for the project.

Cases that involve fraud or ill repute in contract bidding usually nullify the contract. For example, if a city or county lacks the statutory authority to enter into a particular contract, the contract is void and the contractor may not recover for work performed. Cases that involve bad faith or bribery are also nullified, with the contractor receiving nothing.

To the best of my knowledge, this "Exclusionary" practice is illegal in all states (and territories).  A public official may not call out a specific product, or limit competition through specifications written to favor a "Preferred Manufacturer".   The "Specification Manipulation" trick is very common, and easy to spot.  Most cases I see are actually written by a manufacturer who wishes to eliminate all competition by stressing certain ASTM numbers, and unique "testing", relevant to only one product.

News Flash:  NO MANUFACTURER MATCHES UP EXACTLY WITH ANOTHER!

This has absolutely nothing to do with "Performance", but designed only to circumvent the law.  Many, many, millions (billions) of taxpayer dollars are overspent on "Boutique" manufacturers with predatory sales models.  The manufacturer acts as the "Consultant" (illegal), specifies only their product, and uses only their "approved contractors".  They also give themselves the power to order "testing" anytime they wish (at great cost).  You may expect to pay TWICE THE COST for this non-compete process. A competitively bid process MUST be followed.

I don't use this forum for "advertising", which is why you don't see any.  My philosophy is to always remain "independent", and not create the slightest impression of financial, or personal, advancement of any kind.

The following videos are very representative of the scams, and illustrate the great burden placed upon the taxpayers as a result.  Roofing is not "Sexy" or actually very interesting to most people, but huge sums of money are changing hands.  Especially when a vendor has absolutely no reason to compete.

That's me in the yellow blazer just beneath the main video.
http://www.news9.com/story/15953631/school-districts-accused-of-wasting-tax-dollars

This is just ONE DISTRICT IN ONE STATE!

Think it's isolated?  Think again.
http://dailyitem.com/0100_news/x1522095368/State-could-punish-district

This is a PATTERN, and you will note the specific manufacturers in these examples.  I did not "cherry pick" the videos or articles, and researched just as hard on each manufacturer.  If anyone wishes to submit a link contrary to what I have to say, it is welcomed, and I WILL publish it here.

In the meantime, you can research it yourself, by typing "School Roofing Scam" into your browser, or YouTube.  No shortage of articles, and complaints.  Please note they are from California, to New Jersey, and all points in between.

The arrogance of public officials offends me, and especially those in "Purchasing" who quickly lose sight of why they're hired (or elected) in the first place.  Apparently, the lure of money is strong, and human frailty for greed, is like throwing gasoline on a fire.  These are people we hope define a moral code. If I want to see common drunkards, and "chain snatchers", I'll visit central booking on Saturday night.

Let's try another one:
http://www.bakersfieldnow.com/news/local/131019373.html#IDCThread

And this one is in my state:
http://www.jackieporter.com/Shocking_News_about_MCPS_Roof_Vendor.html

My friends in Ohio may view this one, and it should put you over the top.
http://www.youtube.com/watch?v=nGPNJxK1ZRQ

Baltimore?  Sure thing.
http://www.wbaltv.com/video/28678491/detail.html

PLEASE DO YOUR OWN RESEARCH!
I happen to care about where my tax dollar goes,  As a highly credentialed, independent, roofing authority, know this game better than the ones who play it.  Next time you read about your school (post office, courthouse, university, etc.) budgets being slashed, programs cut, and children doing without basic supplies, you can thank roofing material manufacturers who cannot compete on the open market.

In this post, I would also like to give you an opportunity.  That opportunity will come in the form of research.  I know the people of Firestone, GAF, Carlisle-Syntec, and a few others to be 100% above board, and properly serve the community.  I've been unable to uncover even the slightest bit of wrongdoing by any of them.  After you research them, you will decide if what I say is true.

The best way to eliminate corruption in roofing (or anywhere else) is to stop issuing P.O.'s to the offenders, and support the ones who provide only serviceability and value.


I will share my loving family with you, because this is my world, and my purpose.  I'll really get it from those not pictured, but we'll share them another time.  I love them all, and they love me.

Christy (Mrs. Solomon) & Papa

  
Mimi & Papa



Alexandria & Sunny

Mrs. Solomon and I will pray you, and your families, have a blessed, and Merry Christmas.  This happens to be our custom, but we respect customs of all regions, and beliefs, as free people.

Therein lies the beauty.

I am incapable of describing how much appreciation I feel for each and every one of you, who spend your most valuable commodity (TIME) with me here.  Please reject negativity in all forms, know you are not alone, and always remember to keep looking "UP".

Sibucao, Dammous, Hall, Minteer, Austin, Anderson, Andersen, Agliano, Sierra, Colwell, Hartmann, Farnell, Beckner, Lepore, Pratt, Lynch, Rowell, Center, Songer, Ochs, Borden, Hatten, Scheidt, Leiby, Salimbene, Lyons, Embow, Christiano, Araj, Stefanakos, Goswami, Russell, Abreu, Coston, Demott, Kenney, Lusa, Cotney, Dickie, Colitz, Celli, Huggins, Mulling, Wiencek, Fenstermaker, and all 800+ members of Roof Consultant's Alliance.

"In this world everything changes except good deeds and bad deeds; they follow you as the shadow follows the body" (unknown)

Respect,

Ron









Monday, December 5, 2011

"Beauty, Serviceability, & VALUE of Prefinished Metal Roof Systems"

I will thank "Amy" of IMETCO for allowing permission to feature a couple of very handsome projects.

Before we get into all the "Pretty" stuff, I'd like to share some facts about metal roofing systems.  They are aesthetically beautiful on many building types, which is why many Architects prominently featuring the roof as a focal point of the structure.  Remember the three elements of "curb appeal" is "Roof, Paint, and Landscaping".

No question they are beautiful.

Serviceability:  This is another great benefit abundantly provided by prefinished metal roof systems.  NO asphalt shingle roof even comes close to providing a comparable life cycle cost.  Metal roof systems frequently exceed 50+ years, and you will find that the norm, rather than the exception.  They are generally considered a "Lifetime" roof.

VALUE:  I prefer the word "Value" over "Cheap" because they are quite the opposite when given life cycle costs.  The initial "Up Front Installed Cost" is more costly.  But you will probably replace an asphalt shingle roof 4-5 times before your metal roof requires attention.  So, if your intentions are to "Improve" your home (or commercial project) as a lifetime investment (or for resale value), prefinished metal roofing is a wonderful way to do it.

I do not like to get into sq. ft. pricing as they vary wildly by geographical location.

Metal is lightweight, and does not require the structural support elements a tile roof would require.  Modern engineering methods also make them highly wind resistant which you will read about momentarily.

Environmentally Friendly:  Of course all metals are recyclable.  Metal roofs do not create additional harmful "stormwater runoff"  contaminants as asphalt shingles do.  Most modern metal types are prefinished with a resin bonding commonly referred to "Kynar 500", and comes in a "Cool-R" series that reflects substantial radiant energy away from your home, thus reducing roof surface temperatures, and subsequently energy consumption.

For those of you interested in PV apparatus, numerous versions of  "flat strips" are available for such a purpose.  They are much less prone to wind uplift than frame mounted systems, and since they don't require support framing, eliminate all those vertical stansion details that are a constant maintenance issue.

So, let's feature our friend "Amy", and her fine company "IMETCO".

This first project (in my state) may be found in it's entirety at:
http://imetco.com/project_profile_st_johns_county.php


The next project is a Marina.  ANYONE who lives on, or near the water should give prefinished metal roofing systems great consideration.  They have great resistance to gulf winds and saltwater spray.  I prefer an aluminum base for that reason, but therre may be many long time metal roofers out there who prefer otherwise.  All I know is that aluminum doesn't rust.  This particular one is my very favorite in stainless steel that of course won't rust, and also will not create a galvanic response in a "dissimilar metals" situation.




You may find IMETCO (ask for Amy) at:  http://imetco.com/home.php

IMETCO Corporate Office

2070 Steel Drive
Tucker, GA 30084
Phone:
(770) 908-1030
(800) 646-3826
Fax:
(770) 908-2264

For homeownmers or commercial structures that collect rainwater, prefinished metal roofs will provide an excellent surface to use.  Note:  ALL roofs are prone to jet fuel exhaust, airborne spores, and animal waste, so some type of flush converter must be used.  The water would be suitable straight off the roof for watering of fruits and vegetables however, unlike asphalt shingle roof systems.

You will please excuse my normal departure in the last post, but the young man was factually correct regarding the "decimal point", and the solar reflection verbiage.

I never cease to be amazed by the incredible geographic diversity of visitors here.  Each time I see you, I am somehow transported, and it's done wonders for my knowledge of both geography, and cultures.

Thank each of you for taking the time to visit, and I am humbled you care one bit about what I try to share with you here.

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

Respect,

Ron