It is my hope that someday "Ration" overcomes "Greed". Foolish as it is to dream. Rampant "Greed", and "Bid Rigging" are rampant, but will keep chasing those who steal from taxpayers. Anyway, check out today's story:
Federal prosecutors have brought criminal charges against a Tennessee construction company executive whose company performed work at two Georgia Army base construction projects — one at Fort Benning in Columbus and the other at Fort Gordon in Augusta — with a combined value of approximately $37 million.
The charges center around David Kennedy's relationship with a subcontractor, Southern Atlantic Construction LLC (SAC), and its owner, Gary Hamby, in 2015. Prosecutors said Kennedy gave work to SAC in return for cash payments, gifts and wire transfers and approved fake invoices submitted by SAC. The proceeds from the alleged criminal behavior were directed toward a shell company bank account opened by Hamby.
Hamby pleaded guilty in 2017 to violating federal anti-kickback laws, according to TuscaloosaNews.com and has agreed to cooperate with investigators. Kennedy is out on bail awaiting trial.
Dive Insight:
On most construction projects, public or private, there is opportunity for this kind of malfeasance, particularly when individuals work together, as prosecutors allege Kennedy and Hamby did.
Earlier this year, the U.S. Department of Justice filed a lawsuit against a contractor and subcontractor for allegedly conspiring to submit $65 million of false subcontractor invoices to the National Nuclear Security Administration under their contracts for a MOX fuel fabrication facility in Aiken, South Carolina.
In return for processing the fake invoices, general contractor CB&I AREVA MOX Services LLC (MOX Services) allegedly received cash, sporting event tickets, firearms and other gifts as bribes.
In May, the owner of an Illinois construction company, Tower Contracting, was charged in federal court for nine counts of wire fraud and one count of federal program bribery for paying the former mayor of Markham, Illinois, approximately $100,000 in bribes in exchange for city construction contracts. The mayor ended up pleading guilty to accepting approximately $300,000 in bribes, and the owner of Tower Contracting, Michael Jarigese, faces up to 10 years in prison for bribery and 20 years for wire fraud.
Also in May, the U.S. Attorney’s Office for the District of Connecticut announced that Michael Flynn, an insulation contractor based in Ridgefield, Connecticut, had pleaded guilty to his role in a $45 million bid-rigging and fraud scheme involving himself and other contractors.
Prosecutors said that Flynn and other contractors inflated their prices by 10% for work they performed on projects in Connecticut, New York and Massachusetts between October 2011 and March 2018. The participants, according to authorities, tried to hide their illegal actions by using burner phones and an encrypted disappearing message app.
Friends: Today, I will rejoice. Utmost respect to the entire IIBEC Team. Mr. Brian Gardner, a warrior, has contributed many years to the discipline, and this particular objective. Here, I will thank him from the bottom of my heart, for a tireless spirit, and in service to others. First hand, know the anguish, pressure, disappointment, and heartbreak he's endured. Brian has "Determination", and an uncommon will to achieve. Mr. Scott Hinesley, a true Professional in every way. I admire Scott as a wonderful family man, and is glorious in his pursuit of all things noble. If Scott tells you he knows a three legged raccoon that can tap dance, play a tambourine, and whistle "Dixie", believe it. That's for you WH, my dear, and Honorable friend. All Praise, and Glory to "Brother Jake" for his selfless contributions in service to his country. 'Never Forget". AAOOAAHH! Mr. Tom Gernetzke, Past President of RCI, hard working, caring, and has the full respect of our entire industry. A finer person, you will not meet. A great inspiration to me personally. Each of them known to me, and all "Honorable" Men. I stake my reputation of 45 years on each one. I'd gladly confess to a homicide for any one of them. They stood by me, when few would. At times, can be a bit too "energetic" for my own good. I've spent ten years writing about "Public Roofing Oversight", and trying desperately to get through to anyone who would listen. My Honorable Colleagues have freed me from great burden.
Every School Board Member in North America should thank them for rescuing school maintenance budgets from "Purchasing Cooperatives". Roofing is the costliest item in public maintenance. Instead of "Exclusionary Practices" promoted by Purchasing Cooperatives, will follow a fair, competitive, open, and inclusive, bidding process. Can you hear me fellow taxpayers? Thank you to Cobb County Commission for listening, and doing the right thing. The fair, reasonable, rational, and Honorable thing. By doing this, suspect taxpayers will be saving approximately 40%-50% on Roofing, and Roofing Services. You will also retain approximately 70% of your local tax dollar since most manufacturers are locally distributed, represented, and installed.
IIBEC Georgia Chapter members from Cobb County, GA (Past Presidents Pat Downey and Arthur “Chip” Ward), IIBEC First Vice President Scott Hinesley, and Director of Industry Affairs Brian Gardner met in April with Cobb County purchasing administrators to discuss the county’s procurement of construction via cooperative purchasing.
On May 14, Cobb County (Georgia’s third-most populous county), which had previously utilized cooperative purchasing to procure roofing projects, decided to no longer use cooperatives in such a manner. This decision will have national repercussions, as Cobb County served as an administrator for a nationwide cooperative roofing program.
“Our team was very impressed with Cobb County officials, as they professionally considered all of our arguments and did their own due diligence. We are very pleased these dedicated professionals decided to procure roofing via design-bid-build with the assistance of independent design professionals,” remarked Pat Downey.
“Cobb County administrators engaged with us in a highly professional and substantive manner. I, as a county taxpayer, especially appreciate their interaction with our team. I believe this is how government and industry should work together to provide sound, smart, and efficient public policy,” stated Chip Ward.
“This is terrific news for taxpayers and IIBEC members. The fact that Cobb County has now made this important decision is the result of a job well done,” commented Mike Clark, past president of IIBEC and a Georgia Chapter member.
“I applaud Cobb County’s decision and thank them for providing us an opportunity to present our case for responsible procurement,” remarked First Vice President Scott Hinesley.
“We congratulate IIBEC Georgia Chapter for its superlative efforts in promoting responsible construction procurement,” EVP/CEO Lionel van der Walt added.
“This is an excellent example of an effective grassroots “boots-on-the-ground” effort by IIBEC chapters to promote responsible construction procurement in their local area,” stated Advocacy Committee Chairman Tom Gernetzke.
These fine men should be applauded by every person in the roofing discipline. Manufacturers, Distributors, Consultants, and Contractors. Most of all, the TAXPAYERS..
It is never a good idea to limit competition in favor of a single vendor on any Public Project..
The significance cannot be properly understood by the layman, but I happen to think it’s the most courageous, dedicated, and tireless, effort I’ve ever seen in this industry. (45 years)
My Friends Mr. Scott Hinesley, Mr. Brian Gardner, and Mr. Tom Gernetzke. should wear this achievement as a Badge of Honor..
I’m very happy the Cobb County Commission was receptive to “Fair Competition” for the taxpayers. This affects all 50 States, Canada, and to a degree, the United Kingdom.
I’m so happy, I could cry. Thank God I lived to see it.
Thank you from the bottom of my heart to EVERYONE who participated in the effort.
Tonight, I’m going into my neighbor’s garden (Mrs. Chen), pick some flowers, start building a “Float”. for them, and pull it down Main Street, USA.
Much Respect.
Robert R. Solomon Public Procurement Analyst Fla. Certified CCC1325620 Tampa, Fla.
It would be horribly irresponsible, and unspeakably rude, if I did not thank my inspiration, Ms. Janet Campbell. A wonderful person who is a guiding light.
Please see her fine work: "School Roofing Scam" loaded with public record, investigative reports, and videos.
Welcome Good People: The purpose of this site is to increase public awareness of "Predatory Sales Models" and "Exclusion" of fair competition in public works. I write it to help: Architects, Public Administrators, Contractors, Consultants, Manufacturers, and Distributors, who are all affected by "Proprietary Specifications". A sales trick to eliminate all competition for taxpayer money. A complete SCAM, Everything I say here is backed by public record, and subsequent documentation. If I say something that is factually incorrect, I will retract it. Constructive criticism is encouraged, and welcomed. NOTE: Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind. *Revised August 4, 2019. In the upper left search box, please type keywords: School Roofing Scam, Purchasing Cooperative, Taxpayer abuse, Tremco, Garland, sole source, RCI, NRCA, Honor, Fairness, Competition, Public Procurement, etc. Approximately 162 posts all told.
The most popular post so far is : "Garland, Sell by FEAR". Type that in the search box, sand it will come up. Highly recommended is Roof Consultant's Institute who provide necessary data, and support. "Self Advocacy Tools" Please NOTE: IIBEC http://rci-online.org/news-and-advocacy/self-advocacy-tools/ FACT: Garland, and Tremco do not make half the products they sell, and are not found in any local roofing supply house. It must be trucked in from Ohio. You are essentially exporting 70% of your local tax dollar to other economies. FACT: Garland, nor Tremco will "Compete" for anything. Don't believe me? Tell your Garland, or Tremco Representative that you want to include other manufacturers to the bid list . Watch their faces, and I GUARANTEE they will run away. But Ron, the purchasing cooperative says they won by "competitive" means. This an outright lie. The Cooperative lies to increase their commissions. U.S. Communities listed 55 pages of BLANK line items from Garland. Since I noticed the blank documents, they have come up with this convoluted mess: https://www.garlandco.com/us-communities The "Response Package" https://www.garlandco.com/uploads/misc/14-5903_RESPONSE_PKG_FOR_WEB.pdf
YOU, and all taxpayers should be concerned that we are paying upwards of 50% MORE for roofing and duped into thinking you've received a value. The opposite is true.
If you are working with a Purchasing Cooperative, your district is taking a beating that is 100% avoidable. Certainly, I've illustrated the scam that is undeniable. I know all the manufacturers, and have installed millions of sq. ft. of any subset of roofing. Steep slope, single ply (EPDM, TPO, PVC), built up, modified, etc. I've successfully completed over 100 public schools, and know what I'm talking about. If I don't know the answer, Roof Consultant's Institute (RCI) will. RCI is the standard for roofing excellence, and an honorable organization with top level consultants. Many are Architects, Consultants, Engineers, Contractors, Manufacturers, etc. ,ALL are credentialed, and will have someone near you. I do not belong to any organization. A lot of my work is very sensitive, and may cause discomfort through association. They are not allowed to speak freely, while I can tell the truth without fear of reprisal. Please understand that I have no beef with individuals trying to make an honest living. It's the "Predatory Sales Model" I despise. I do not want to "Exclude" those mentioned, and welcome them to any public bid list. Repeat, I do not want Tremco or Garland "Excluded" from anything. They should get the same opportunity like everyone else. IF YOU ARE NOT COMPETITIVE IN THE PRIVATE MARKET, YOU ARE NOT COMPETITIVE IN THE PUBLIC MARKET. Doesn't that make sense? Instead of "Favoritism", we seek fair competition for our own tax dollars. Roofers will decide all things roofing, and not elite sectors who are without credential, experience, or the exhaustive safety training it takes. "My name is Ron, and I'm a roofer.........For some reason, feel like I should be at an AA meeting." Just so I don't come off like a 'Lone Wolf", will share what the National Roofing Contractors Association (NRCA), and Roof Consultant's Institute (RCI) have to say: Reference: From Roof Consultant's Institute: http://rci-online.org/news-and-advocacy/policy-statements/ June 21, 2012RCI’s Position Statement applies to all publicly bid work, including federal, state (provincial/ territorial), municipal, and local government projects or otherwise taxpayer-funded projects in which RCI, Inc. members may participate. Projects not under the procurement requirements of government agencies or that do not utilize taxpayer funds should also employ similar fair and impartial procurement practices. It is the position of RCI, Inc. that all public work and taxpayer-funded projects clearly adhere to all applicable procurement regulations, maintain the highest levels of transparency and value, and comply with the following principles. In addition to the owner, projects should involve three distinct entities: the design professional, the manufacturer (or supplier), and the qualified contractor (contractor).
1.) . The design professional should be selected by the owner based on qualifications, experience and past performance. The design professional should prepare contract documents to be in compliance with all applicable code requirements (including but not limited to fire, wind, drainage, thermal resistance or performance, warranty and environmental requirements). Contract documents should not be proprietary or exclusive to a manufacturer, a supplier or a qualified contractor. A product or system that may be able to be produced, supplied or installed by other competitors but is not, is considered a proprietary product/system. Procurement regulations have specific procedures that are required if proprietary materials or systems are to be considered. Design professionals are discouraged from utilizing proprietary specifications. All projects should utilize a minimum of three manufacturers or utilize materials commonly available from three manufacturers. Systems should be selected to meet specific performance criteria or standards. The design professional must adhere to all state (provincial/territorial) licensing requirements and carry the appropriate errors and omissions insurance.
2.) The manufacturer and its suppliers should provide the materials and systems adhering to the contract documents. A manufacturer should not act as the design professional unless qualified to do so, and should state in writing and publicly its financial interest in the specifications/requirements provided. Contractual obligations or agreements should not exist between owners and manufacturers. Proprietary and/or exclusionary specifications intended to limit competition among manufacturers, suppliers and/or qualified contractors are strongly discouraged. Manufacturers are encouraged to provide data, RCI, Inc. Position Statement on Procurement – Support Document information, or other assistance to qualified contractors to determine the best use and application of their materials and systems. Manufacturers should not control material specifications. 3.) The contractor should be contracted directly to the owner. At no time should any contractual or financial obligation or agreement exist between the design professional and manufacturer, or the design professional and the qualified contractor, or the manufacturer and the qualified contractor. At no time should the manufacturer act as either the design professional or qualified contractor. At no time should the design professional act as the manufacturer or contractor. 4.) Design-build delivery methods are acceptable under the following conditions: (a) The principles noted above, are met. (b) Design build delivery maintains a competitive bidding/tender environment among all parties: designer, contractor, and manufacturer. (c) A design-build contract is used to ensure that a clear line of responsibility for the design and compliance with code is established. It is the position of RCI, Inc. that the use of "buy boards,” group-purchasing agencies, and all similar purchasing models in any type of building construction, remediation, or rehabilitation are not transparent, do not ensure compliance with the minimum requirements of the codes, do not provide a competitive bid situation, and should not be utilized.
This is what the NRCA has to say: Click to enlarge. There you have it. The largest roofing organization (NRCA), and the premier Consultant's organization: RCI (Roof Consultant's Institute) have spoken, and any reasonable person will agree.
Please help stop this assault on taxpayers, and school maintenance budgets across all of North America. The "Scam" is impossible for them to argue, so they take the position of subterranean termites, and hide. NOTE; Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.
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 please know I am thankful for your time.
Respect. Robert R. "Ron" Solomon
Public Procurement Analyst State Certification CCC 1325620 Licensed Consultant Tampa, Florida 33647
Friends: Years ago, I wrote about carbon nanotubes and graphene, as it pertains to solar collection devices. https://wikiroof.blogspot.com/2011/07/carbon-nanotubes-and-future-of-solar.html I wrote the piece in 2011, so have fun finding the "then and now' developments.
I believe the following may remove the one obstacle between wide public acceptance, and affordability. It will also eliminate staggering government subsidies. https://draft.blogger.com/blogger.g?blogID=393576285670400691#editor/target=post;postID=8612247569520750445;onPublishedMenu=publishedposts;onClosedMenu=publishedposts;postNum=0;src=link Try to imagine your roof space as a solar collector, and at the cost of ordinary house paint! Think of people in third world countries whose lives would be dramatically improved.
It could be applied to every exterior surface, and I find that remarkable.
https://www.azobuild.com/news.aspx?newsID=4124
Sheets of Solar Cells that can be Printed with a
Domestic Printer
Researchers at New Jersey Institute of Technology (NJIT) have developed an
inexpensive solar cell that can be painted or printed on flexible plastic sheets. "The
process is simple,? said lead researcher and author Somenath Mitra, PhD, professor and
acting chair of NJIT's Department of Chemistry and Environmental Sciences. "Someday
homeowners will even be able to print sheets of these solar cells with inexpensive homebased inkjet printers. Consumers can then slap the finished product on a wall, roof or
billboard to create their own power stations." "Fullerene single wall carbon nanotube complex for polymer bulk heterojunction
photovoltaic cells," featured as the June 21, 2007 cover story of the Journal of Materials
Chemistry published by the Royal Society of Chemistry, details the process. The Society,
based at Oxford University, is the British equivalent of the American Chemical Society. Harvesting energy directly from abundant solar radiation using solar cells is increasingly
emerging as a major component of future global energy strategy, said Mitra. Yet, when it
comes to harnessing renewable energy, challenges remain. Expensive, large scale
infrastructures such as wind mills or dams are necessary to drive renewable energy
sources, such as wind or hydroelectric power plants. Purified silicon, also used for
making computer chips, is a core material for fabricating conventional solar cells.
However, the processing of a material such as purified silicon is beyond the reach of
most consumers. "Developing organic solar cells from polymers, however, is a cheap and potentially
simpler alternative," said Mitra. "We foresee a great deal of interest in our work because
solar cells can be inexpensively printed or simply painted on exterior building walls and/or
roof tops. Imagine some day driving in your hybrid car with a solar panel painted on the
roof, which is producing electricity to drive the engine. The opportunities are endless. The science goes something like this. When sunlight falls on an organic solar cell, the
energy generates positive and negative charges. If the charges can be separated and
sent to different electrodes, then a current flows. If not, the energy is wasted. Link cells
electronically and the cells form what is called a panel, like the ones currently seen on
most rooftops. The size of both the cell and panels vary. Written by AZoBuild Jul 19 2007
Sheets of Solar Cells that can be Printed with a Domestic Printer URL: https://www.azobuild.com/news.aspx?newsID=4124
P
1/2 Panels have no size limits.
The solar cell developed at NJIT uses a carbon nanotubes complex, which by the way, is
a molecular configuration of carbon in a cylindrical shape. The name is derived from the
tube's miniscule size. Scientists estimate nanotubes to be 50,000 times smaller than a
human hair. Nevertheless, just one nanotube can conduct current better than any
conventional electrical wire. "Actually, nanotubes are significantly better conductors than
copper," Mitra added.
Mitra and his research team took the carbon nanotubes and combined them with tiny
carbon Buckyballs (known as fullerenes) to form snakelike structures. Buckyballs trap
electrons, although they can't make electrons flow. Add sunlight to excite the polymers,
and the buckyballs will grab the electrons. Nanotubes, behaving like copper wires, will
then be able to make the electrons or current flow.
"Using this unique combination in an organic solar cell recipe can enhance the efficiency
of future painted on solar cells," said Mitra. "Someday, I hope to see this process become
an inexpensive energy alternative for households around the world." --------------------------------------------------------------------- I've always said a roof must be "multidimensional", and possess properties that compliment structures in other ways. Radiant energy, clean water runoff, and absence of petroleum are but a few examples. Reject negativity in all forms, and always remember to keep looking "UP". Much Respect. Robert R. "Ron" Solomon Public Procurement Analyst Licensed Contractor State Certification CCC 1325620 Licensed Consultant
Public Procurement Analyst
Fla. Certified CCC1325620
Tampa, Fla.
https://wikiroof.blogspot.com/