"Public Roofing Procurement"

Friends, over the years I've developed a specialty niche within the public roofing procurement field.  Thousands of hours in research are spent bringing you the truth.

The sastisfaction of protecting taxpayers, by assuring their roofing tax dollars go further, is my highest motivation.

Many of you know I have no interest in what private consumers do. They are spending money that belongs to them.  The private market is self policing and quickly balances benefit and value.

Public procurement however, is far behind in roofing technology. In most cases it receives inflated pricing through the use of purchasing cooperatives.  Purchasing cooperatives are the "middle man" between our schools (all public structures) and factually, is a "Commissioned Salesman".

Their revenues (commissions) are increased when the cost of a new roof is increased.  The public pays more, yet receives less with no additional benefit.  This system is obviously flawed, as all incentive to "save" money is absent. 

This may be a good time to tell you that many purchasing cooperatives make "arrangements" to get their "preferred vendor" listed as the only source of purchase.  The "preferred vendor" in many cases pay their sales representatives a full 25% commission.  That means that $0.25 of every $1.00 in taxes spent, goes straight into a "salesman's" pocket.

Rational people, with their own money, do not buy goods or services in this way.  So why is the money from taxpayers different?  Taxpayer money seems more "distant",  perhaps less "personal", but it isn't.  It's "REAL" money, earned by people who've worked hard for it, and expect value as well as serviceability for it.

Let me share that (without exception) every state in the Republic has "Fair Competition" or 'Competitive Bidding" laws in place.  The same is true for all territories and provences of Canada.  Purchasing Cooperatives circumvent these laws through fraudulent bidding procedures designed to suit their purpose.

The fraudulent aspect is the use of such terms as: "Line Item Contracting", "Sole Source Contracting", "Proprietary Specifications" and "Job Order Contracting".  Following, I will try my best to define each "technique" for you:

A.)  Proprietary Specifications:

http://www.cohenseglias.com/federal-contracting-database/proprietary-specifications

"A proprietary specification is one which requires the use of a sole source product. Bidders are responsible for determining the cost and sources of the items specified. It is a contractor's obligation to raise questions to the Government concerning purported proprietary items prior to bid submission and opening, not afterward.

In order to recover under a theory of proprietary specifications, a contractor must prove that (1) the specifications described the characteristics of only one standard product, (2) it submitted data describing an equal substitute product, (3) the substitute was of the same standard of quality."

B.)  Sole Source Contracting:

http://www.sru.edu/financeandadministrativeaffairs/Contracts/Pages/SoleSourceContracts.aspx

"A sole source contract implies that there is only one person or company that can provide the contractual services needed in that any attempt to obtain bids would only result in one person or company being available to meet the need.  A contract may be awarded for a supply, service or construction item, without the necessity of competition, when the contracting officer determines in writing that one of the following statutory conditions exists:

1. Only a single contractor is capable of providing the supply, service or construction.
2. Federal and state statute, or  federal regulations exempts the supply, service or construction from the competitive procedure.
3. The total cost of the supply, service or construction is less than the amount established by the State System for small, no-bid procurements as dictated by the policy on small procurements.
4. It is clearly not feasible to award the contract for supplies or services on a competitive basis.
5. The services involve the repair, modification or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer’s authorized dealer, provided the contracting officer determines that bidding is not appropriate under the circumstances.
6. The contract for supplies or services is in the best interest of the Commonwealth.

Before entering into a sole source contract, a statement of justification must be sent in advance to university legal counsel certifying that the contract is appropriate as a sole source. University Legal Counsel will review the statement then either approve or disapprove the certification."

C.)   Line Item Contracting: 

This is a copy of a roofing manufacturer's "Line Item" bid schedule to the GSA.  Keep in mind, the schedule is applied to roofing replacements on buildings that are unseen in many cases.  I'm asking a lot here, but please read the following. Tell me how an administrator could possibly track such complex schedules? 

http://www.tremcoroofing.com/fileshare/gsa/56342006TXMASLINEITEMPRICELIST.pdf

D.)  Job Order Contracts:

http://eziqc.egordian.com/About.aspx

"ezIQC^® is the easy and intelligent alternative for buying on-call facility repair and alteration construction services.

Thanks to the competitively bid prices available through cooperative purchasing, you can shed the red tape of traditional procurement in favor of speed, efficiency and the power of group buying.

ezIQC is based on job order contracts, or indefinite quantity construction contracts as they are sometimes called, in which contractors bid based on a catalog of pre-priced construction tasks for all divisions of construction.

Quality contractors have already been competitively selected in almost every area of the US and they are ready to perform work today.

Proven Success

ezIQC is a proven system that has been in use for over twenty years. This same system is utilized by the United States Postal Service, New York, Chicago and San Francisco, as well many other large, small public and private facility owners across the country including state governments, counties, towns, universities and school systems. ezIQC is ideal for interior, exterior, vertical, horizontal and environmental projects."

Inspector General's handbook may be found here:

http://www.gsaig.gov/?LinkServID=6486B647-A5DF-C154-010A408470CAE0B8&showMeta=0

Friends, I believe in "Fairness" to ALL people.  I make no distinction between Democrats, Republicans, Independents, Left, or Right.   It is not my station in life to debate such complex issues between them, but I do know "our" tax dollars must be wisely spent.

There is no such thing as "Pre-Compete" because you can not bid on structures you have not seen. This is how foolish it sounds:  "Hi, my name is Ron, and I have a 10,000 sq. ft. building in Tampa that needs a new roof.  How much will it cost?"

In almost 4 decades of service, I have never seen such illogical thinking, that is all perpetrated upon the public in order to circumvent "fair competition" for taxpayer dollars.

My next post will illustrate proper public procurement method. 

This is where my heart is. There are thousands of roofing sites to describe details of roofing, and roofing types.  I will continue to write about roofing's role as it pertains to sustainability (energy, water, petroleum dependence).  I remain deeply concerned for worker safety (heavy lifting, molten asphalt, and open flame).

Statement:

It's important to know that I do not work for anyone.  I have not solicited, nor accepted compensation, or personal advancement of any kind since August 19, 2003.  This includes manufacturers, consultants, distributors, and contractors.

Everything I do is based upon civic responsibility, and how my discipline (roofing procurement) may be incorporated into that theme.

Humbled you care one bit about what I have to say, I will encourage you to reject negativity in all forms, and always remember to keep looking "UP".

Constructive criticism is both welcomed, and encouraged.

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

Respect,

Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC 1325620 (Florida)
RobertRSolomon@aol.com

"Lawyers Piling on RPM (Tremco) over 61M federal fine involving GSA contracts"

Robert R. "Ron" Solomon

Director, Roof Consultant's Alliance

I'm going dust off a "Miami Vice" reference, and say "The Heat Is On".

This is FASCINATING stuff folks, and in black and white.

Check out the swarm of lawyers already piling on:

http://www.sbwire.com/press-releases/rpm-international-inc-nyserpm-long-term-investor-alert-investigation-over-potential-wrongdoing-326317.htm

And:


http://www.robbinsarroyo.com/shareholders-rights-blog/rpm-international-inc/

And:

http://www.quotenet.com/news/stocks/Harwood-Feffer-LLP-Announces-Investigation-of-RPM-International--Inc--620876

And Burmastic roofs:

http://www.wbmllp.com/news/whitfield-bryson-mason-investigates-allegations-of-defective-roofing-products-from-tremco

And:

http://www.audetlaw.com/index.php/case/tremco_roofing_systems?gclid=COnv87-3wrkCFckRMwod2UcA2Q

I don't make this stuff up folks.

We are vigilant, and only seek fairness in competing for our own taxpayer dollars.

I simply provide data, and you are the judge.

Humbled you care what I have to say, will remind you to reject negativity in all forms, and always remember to keep looking "UP"

Respect.

Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC1325620
RobertRSolomon@aol.com
http://wikiroof.blogspot.com/

"Whistle Blower Hammers RPM and Tremco"

I have a great affinity for people who have the courage to stand up, and fight for what's right.

Today, you will see a true "David & Goliath" story, and one I am delighted to bring.

Many of you know that I fight against purchasing cooperatives, and roofing material manufacturers who abuse the taxpayers.  Tremco, and Garland are the absolute worse, but today we will tell a happy story.

Please see;

http://www.prnewswire.com/news-releases/former-tremco-employees-whistleblowing-leads-to-61m-settlement-of-qui-tam-case-221391811.html

Mr. Gregory Rudolph is the taxpayer hero who exposed Tremco for abusing GSA, and "Line Item" contracts.

Here is an excerpt from the article:

"CLEVELAND, Aug. 27, 2013 /PRNewswire/ -- Gregory Rudolph dedicated 20 years of his career to Tremco Roofing, but resigned in 2009 after his concerns about the company's conduct went unaddressed. 

 

Mr. Rudolph, who worked his way from a roofing technician to the Vice President of Product Management/Research & Development, walked away from a high-salary and job security.  Instead, Mr. Rudolph took his concerns to the federal government, filing a complaint under the False Claims Act shortly after his resignation. 

 

Mr. Rudolph sued on behalf of the united states government alleging that Tremco, and its parent company RPM, had made false claims to the United States government by offering less favorable pricing to the government as opposed to pricing afforded to private customers, marketing expensive materials to federal government purchasers without disclosing the availability and opportunity to purchase comparable lower-cost, identical materials, and selling and installing defective products and systems on federal government buildings.

 

On August 13, 2013, Tremco and RPM International Inc. reached a settlement under which they will pay the government $60,958,963 plus interest for claims arising during the period from January 2, 2002 through March 1, 2011.  As the whistleblower, or relator of the information leading to the settlement, Mr. Rudolph is entitled to a portion of the recovery, which in this case amounts to 17.9% of the settlement.

 

"Greg's actions reflect tremendous conviction and courage, particularly in difficult economic times," said Ann-Marie Ahern, counsel for Mr. Rudolph. 

 

Rudolph opened a small roofing consulting business, RAW Solutions in Rocky River, Ohio after leaving Tremco.  "The past several years have been very difficult for Greg.  But even with the uncertainty of starting a new business and the stress of the lawsuit, Greg has never regretted his decision." 

 

I am very proud of Mr. Rudolph's resolve, and Ann-Marie Ahern, counsel for Mr. Rudolph.  I promise you, this was a grueling battle.

 

Carlisle-Syntec (Michael Ducharme), Mr. Rudolph, Roof Consultant's Institute (Tom Gernetzke, President), Janet Campbell (School Roofing Scam), Diana Rice, Douglas Weeks, Oklahoma SA (Gary Jones) Saratoga Roofing (Denver Green), have sacrificed for the taxpayers.  I will amend the list as I am certainly forgetting someone.

 

My deepest respect, and appreciation goes out to them.

 

No public entity has the right to "preferred" vendors, proprietary specifications, sole source, or worse, the dreaded "Line Item Contract".  I publish this as a notice to administrators who may fall into a false understanding by salesmen/women.

 

All we ask is that manufacturers have a right to FAIRLY COMPETE for taxpayer dollars.  Laws are in place to insure this, but the Tremco's and Garland's circumvent the law through purchasing cooperatives, and the false claim they have "pre-competed".  You may not "Compete" on a project you've never seen.  There is no roofer on earth that will disagree.

 

Respect to Mr. Rudolph, Ms. Ann-Marie Ahern.  I will continue to fight with you, and on behalf of taxpayers everywhere.

 

Humbly, I thank each of you for the time you spend here with me.  Reject negativity in all forms, and always remember to keep looking "UP".

 

Robert R. "Ron" Solomon

Director, Roof Consultant's Alliance

CCC 1325620

RobertRSolomon@aol.com 

"DaVinci Roofscapes: A Class Outfit, with A Class Product""

Most of you know that I don't often endorse manufacturers, or products.  But, when I'm impressed by a product, think it may be of interest to you as well.

Before I get into all the technical stuff, data, and pictures, let me share an observation about the company itself.

I've spent many millions of dollars on roofing products in my career.  It taught me about intangibles to the normal selection process, pricing, purchasing, and installation. 

If I were going to encumber my company by committing huge sums of money, I must develop a philosophy of  "Partnership", and who I wanted to "Partner" with.  It was going to be me answering the phone if the slightest problem were to arise.

The client paid me to make sure their phone didn't ring, and while it sounds simple, is harder than you think.  I knew my own personality, and "core values", but determining the "core values" of a representative, or manufacturer may sometime be difficult.  They are, after all, paid to sell material.

The DaVinci representative who visited me was a retired Colonel.  He was not a "Salesman" in the conventional sense. He never once discussed price, but educated me regarding benefits most roofers would not be interested in.  Like LEED, like recycling, like additional benefit for the end user.

When you start thinking about the "multidimensional" aspects of a roof, you are able to provide the client with many things other than a leak free roof.  Clean water runoff, energy reduction, LEED compliant, recyclable product, etc.

He was both serious, and sincere. Courteous, and receptive to courtesy.  Over the years, you develop a "sense" for those who are "passionate", and for those who seek only the precious P.O.  That "passion" goes a very long way when working with other "passionate" people.  You know you can rely on them to handle responsibilities.  After all, we get paid to solve problems, not give excuses to the client who is paying us with their hard earned money.

More than satisfied the company had a corporate sense of "core values", proceeded to install the product on an entry feature, and clubhouse on an exclusive golfing community.  The client was happy, I was happy, and we were able to achieve our profit margin through a surprisingly easy installation.

So, that is my personal observation, and experience with DaVinci Roofscapes.  Now I will share some data, and pretty pictures:

http://www.davinciroofscapes.com/

50-year Limited Warranties

DaVinci Slate and Shake roofing systems are products that will stand the test of time, providing beauty and durability for decades. Because of this, DaVinci roofing systems are backed by our 50-Year limited warranty.

Let me break this up a little by showing you a few representative images:

 

 

 
 

You can create any "look"  by determining a "pattern" that best suits a preference, or influenced by surroundins to "blend in".  I must share my preference for DaVinci on "cabins", "log homes", and other applications where the "flow" of the home is not interrupted.

                                                                  

Anyone reading this post will not be considering asphalt shingles.  "Paving" your roof with petroleum (and yes, including the color white) is not a remote consideration.

Here's why:  Asphalt shingles "attract" and "retain" the sun's radiant energy.  The brightest white shingle can easily reach temperatures of 180 degrees F., and create a "heat island effect".  Why would that matter?  The obvious answer in increased energy costs, but you are creating a "radiator" effect on nocturnal animals, and disrupting their habitat.

DaVinci products have no such drawbacks.

I would not offer concrete tile as an alternative, as it is extremely heavy, and places severe structural load on the building.  It is also very costly, and installation more difficult due to the weight of each concrete tile.  During a high wind occurence, these 8 lb. concrete tiles can be very destructive when airborne.

I love clay tiles.  But again, we must consider weight, and cost, as the airborne missile scenario is still present.  I've visited apartment complexes where a high wind event blew off thousands of concrete tiles, smashing cars, and the swimming pool was half full of concrete tiles that came to rest.

Davinci does not possess the same destructive impact.

The DaVinci product is "color through", and not a thin coat of paint as some concrete tiles offer.  This is a huge benefit, as the DaVinci system will naturally age.  I don't care what anybody says, but you may not expose any subset of roofing material to the sun, and not expect it to fade.  Some more than others, but it's a fact.

In closing, let me also suggest you inquire about a "synthetic" underlayment, and shy away from a petroleum underlayment.

Your home will have a LEED compliant roof (heat island effect), has reflective properties far greater than ANY asphalt shingle on the market.  You can find that information with the Cool Roof Rating Council.  I'll do a post on them next time.

I consider the DaVinci product desireable for many reasons, and I consider DaVinci Roofscapes to be an honorable firm.  I've trusted them, and was not disappointed.  Perhaps they are worthy of your consideration?

DaVinci Roofscapes, LLC
1413 Osage Avenue, Kansas City, KS 66105
Toll Free: 855-299-5301

 http://www.davinciroofscapes.com/

A reminder:  I have been retired for ten years now.  During this time, I have not accepted, nor solicited compensation, or personal advancement of any kind.  That includes manufacturers, consultants, distributors, or contractors.

I work for you.  I work for all taxpayers. I work for the environment.  My words truly "Independent", and I offer them to you as my civic responsibility only. Here, we do not consider political points of view, liberal, or conservative.  I am absent of influence, and only offer data, so you can make an informed choice.  Nothing more.

As alweays, I am humbled you spend time with me here, and care one bit about what I have to say.  I consider it a privilege to share a skill set with you.

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

Respect,

Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC 1325620 (Florida Certification)
RobertRSolomon@aol.com

 

 

 

 

"RPM UNIT FACES HUGE ASBESTOS CLAIMS"

RPM and ASBESTOS.

Read this please:

http://www.crainscleveland.com/article/20130527/STAFFING/305279978/1220/newsletter03



Robert R. "Ron" Solomon
Director, Roof Consultant's Alliance
CCC1325620
http://wikiroof.blogspot.com/

"GARLAND & U.S. COMMUNITIES RIP OFF"

Friends, I don't want to give the slightest impression that I make any of this up.  Every word I say is from science, or public record.

Note: This is verbatim, and I have not corrected spelling errors.

So, let's see what GARLAND says about GARLAND, and U.S. COMMUNITIES:

This is directly from an application I received (05-10-2013)

“The Garland Company

As a consultant for The Garland Company, I developed relationships with high-end, governmental, educational, and municipal clients to assist them in managing their roof assets.

The Garland Company is a premium roofing manufacturer that values the relationship-based sales approach.

After a three week immersive training program, I was charged with completing inspections and forensic roof evaluations for companies and clients like: Lockheed Martin, The Dallas County Community College District, The City of Dallas, The City of Mesquite, Raytheon, Texas Instruments, Dell, Air Liquide and others of similar merit.

As part of my duties I worked closely with architects, designers, and specifiers to ensure that The Garland Company’s line of products was the only roofing manufacturer named in the specification or offered to the client.

Upon completing the design phase, I would solicit bids from qualified, local roofing contractors to perform the work under my consult and supervision.

Design Build Solutions - The Garland Company

Design Build Solutions is The Garland Company's design and construction arm. Prior to 2006, it was a vastly underused entity created to control specifications through the bid process. However, once arwarded The US Communities Buying Co-Operative Contract in 2006, I saw a massive opportunity to do much more than control specifications.

I began marketing and actively soliciting projects to be designed and built by DBS all over Texas.

Working mostly on military contracts, I marketed our design capabilities to The Office of The Surgeon General, The Army Core of Engineers, and The Office of Veterans' Affairs.

Most of our projects were small, multi-family base housing and medical center upgrades. As DBS was not "completely" set up to handle large, multi-disciplinary bids, I solicited bids, evaluated sub-contractors, and engaged in buy-out and VE process with subs and owners.

Soon, it became necessary to create budgetary checks and balances. I implemented a customized version of a project management software created for me by Podio and created and managed construction budgets using Quickbooks Contractor Suite.

A change in Garland's Scope of WOrk under The US Communities Contract lead them to stear me away from Design-Build projects. As I had created valuable relationships in the industry, I chose to start XXXXXXXX  with a group of like-minded construction professionals to continue pursuing larger contracts and to branch further into the private sector”.

 THAT is what Garland thinks of you.  SELL AT ALL COST, and damn the taxpayer.

I don't know if I can make this statement more simple than it is.

"Competitive Bidding & FAIRNESS in Oklahoma"

Some of you may know I've been consumed by a long running quest to bring fair, open, and competitive, bidding to the State of Oklahoma.

If not, here is the original Oklahoma News 9 investigative report:

http://www.news9.com/story/15953631/school-districts-accused-of-wasting-tax-dollars

I became involved in that cause when a good man, Mr. Denver Green of Saratoga Roofing, contacted me (Aug. of 2011, I believe).  Saratoga Roofing is a member of Roof Consultant's Alliance, and at RCA, we help each other.

NOBODY likes "Proprietary Specifications" that are "Exclusionary", limit competition (if not obliterate it), and against every published law in North America.  You may thank your "Government Purchasing Co-Op's" for that, and they positively hate "competition" because their commissions (that almighty dollar) are less.  Who thinks government purchasing should be paid a commission for goods and services SOLD, rather than money SAVED?

Many others have been instrumental in this (Janet Campbell, Mark Nestler, Brian Gardiner, Tom Gernetzke (RCI President), Oklahoma SA's Office, Oklahoma AG, Citizens Procurement Reform, and those who may prefer anonymity).  Certainly I've missed many of you, so please forgive me.

If you would like to help put us over the top, perhaps 5 minutes of your time can be very well spent (and very much appreciated):


This bill has passed the Oklahoma legislature -- http://webserver1.lsb.state.ok.us/cf_pdf/2013-14%20ENR/SB/SB630%20ENR.PDF

There is question as to whether the governor will sign it.  How many Oklahoma email can you generate???

We need to have as many people as possible send an email to the Governor:

1.  To email the Governor go to this link -- https://www.ok.gov/triton/modules/formbuilder/form.php?form_id=2ab143b4bba6b0e9da3235121bf3a7ef73719541e049cc5bcddf8ed1564dac13

2.  Fill out the contact information

3.  In the subject line write -- Please Sign SB630

4.  Here is an example for the message box:

Dear Governor Fallin:

I write you today and ask that you sign SB630.  SB630 passed the Senate 43-0 and the House 85-1.

SB630 puts a stop to the sole source abuse that has been occurring in public construction.  Such abuse has cost the taxpayers of the state millions of dollars in excess construction costs.  SB630 will guarantee Oklahoma taxpayers that there is competition in public construction in the state ensuring the best construction product for the lowest cost.  Failure to sign SB630 means Oklahoma taxpayers will continue to be robbed of millions of dollars by a few cheating the state and the taxpayer by prohibiting free and open public competition in the public construction marketplace.

It is vital to the continued economic growth of Oklahoma that you sign SB630.  I thank you in advance for you signature on the bill.

Respectfully,

5.  Select Yes on the request for a reply.

 

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

The bill itself:

An Act

ENROLLED SENATE



BILL NO. 630 By: Jolley of the Senate

and

Murphey of the House

An Act relating to sole source purchase contracts; amending 74 O.S. 2011, Section 85.22, which relates to competitive bidding; modifying certification requirements; authorizing substitution of certain products; prohibiting purchasing restrictions to certain geographical areas; authorizing promulgation of rules to implement act; providing for codification; providing for noncodification; and declaring an emergency.

SUBJECT: Competitive bidding procedures

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.22, is amended to read as follows:

Section 85.22. Any competitive bid submitted to the State of Oklahoma or contract executed by the state for goods or services in excess of Five Thousand Dollars ($5,000.00) shall contain a certification, which shall be in substantially the following form:

A. For purposes of competitive bids, I certify:

1. I am the duly authorized agent of _____________, the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence ENR. S. B. NO. 630 Page 2
 


of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached;

2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and

3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding,

b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor

c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor

d. to any efforts or offers with state agency or political subdivision officials or others to create a sole brand acquisition or a sole source acquisition in contradiction to Section 2 of this act.

B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor’s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement is attached.

Certified this _______ day of_________________ 20__. ENR. S. B. NO. 630 Page 3
 


SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 85.45j.1 of Title 74, unless there is created a duplication in numbering, reads as follows:

A. Notwithstanding any other provision of law or agency rule to the contrary, any bid submissions received by a state agency or any political subdivision pursuant to authorized sole source bidding procedures established by the provisions of Section 85.45j of Title 74 of the Oklahoma Statutes, which substitute an item with one that is alike in quality and design or which meets the required specifications of the bid shall be considered and shall not be prohibited. In terms of public construction contracts, with exception of specific products submitted and approved prior to release for bidding by the Oklahoma Attorney General for matching preexisting materials, at least three equivalent items from more than one manufacturer and more than one supplier or representative shall be included in the required specifications.

B. In addition, no sole source bid proposal shall require any limitation that materials must be supplied from a vendor within any specific geographical area. Geographic preference for vendors inside the geographical boundaries may be given, but only when the cost is the same or less.

SECTION 3. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:

The Office of Management and Enterprise Services is authorized to promulgate rules as necessary to implement the provisions of this act.

SECTION 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval." ENR. S. B. NO. 630 Page 4
 


Passed the Senate the 30th day of April, 2013.

Presiding Officer of the Senate

Passed the House of Representatives the 17th day of April, 2013.

Presiding Officer of the House

of Representatives

OFFICE OF THE GOVERNOR

Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________

Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE

Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.

By: _________________________________   

 

We are beginning to take back our roofing discipline from government administrators who know nothing about us, yet dictate who can, and can't participate.

 

YOU HAVE A RIGHT TO COMPETE FOR YOUR OWN TAXPAYER DOLLARS!

 

Please keep in mind that Private work is self policing, where in Public work, the sole manufacturer "Preferred Vendor" is MANDATED.  This is absurd, and no public official can rationally explain how 'Exclusion", and "No Compete" scenarios benefit YOU, the taxpayer.

 

In Oklahoma, "No Bid" contracting was up 124 million dollars over the previous year.  Is that the direction we should be following, or shall we choose "Fair Competition"?

 

The Governor of Oklahoma has this on her desk, and I will keep you informed.

 

If you can spare 5 minutes to write her, the entire roofing discipline will be in your debt.

 

Time for taxpayers, manufacturers, distributors, consultants, and contractors EVERYWHERE to stand up.

 

My plans are to address the same problem in Texas, and then clean up my own state (Florida).

 

While this work requires a great deal of time, and effort, am proud to do it for my Brothers and Sisters within the roofing discipline.  I am humbled by the encouragement and support so many of you have shown to me, and to this cause. 

 

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

 

Respect.

 

Robert R. "Ron" Solomon

Director, Roof Consultant's Alliance

CCC1325620

RobertRSiolomon@aol.com

Tampa, Florida