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LEGAL CASES

  • John Fox & Clemon Williams vs. Kern High School District, Whistleblowing to the FBI Re: Garland Purchase Orders, Bakersfield, California, 2013
  • GSA vs. Tremco, Qui Tam Suit, 2013
  • Los Angeles vs. Garland, Re: Bid Collusion, Racketeering, etc., Los Angeles, California, About 1997
  • Quality Tile Roofing vs. Tremco Roofing, Re: False Fraud Charges leveled at Tremco Certified Contractor for not bidding Tremco products at Mountain Home Air Force Base, Boise, Idaho, About 1997

Monday, June 8, 2009

Carlisle vs. Tremco - in Carlisle's hometown School District

Usually in this blog, we try to submit the facts along with the evidence - and leave out references to the manufacturers who play it straight - when we can. In this case, we can't.  

We finally have one of the manufacturers NOT KNOWN for engaging in the scam finally standing up to one of those so named in the SCI Report. When we reference "the scam", we are referencing "the scam" - their term - as outlined in the New Jersey State Commission of Investigation (SCI) Report "Waste and Abuse in School Roofing Projects", as outlined in numerous press and trade reports, or as outlined in Tremco's own in-house training documents.  

And this time, the scammer came to the hometown of one of the roofing manufacturers not involved in the scams.....with their Purchasing Agency side of the scam.  

Brass Balls, hands down.  

Hey - when you can get away with scamming since the 1930's according to documents found - why not flaunt it in the face of those who won't do it?  

Makes you wonder who beyond Tremco is benefiting from this non-competitive program. Just what kind of benefits are gotten for these kind of contracts anyway, to fly in the face of licensing laws, common and practical sense - all to spend money not needing to be spent?  

Folks at the School Board are yet again turning a deaf ear, just determined to do it at any cost....who's benefitting and where does it lead? Start crossing people, and you'll find out when people you never imagined threaten you, too. Watch what happens here in Carlisle. But this time, the scammers might just have stirred up a hornet's nest. Africanized bees crossed with hornets, if that can be done......and a coral snake or two thrown in to boot! Starting the chase of the early part of the century not to be missed!  

Good show, guys and gals at Carlisle SynTec!

 Tremco - oh yes, it was Tremco - decided to muscle in on the local market in Carlisle, PA, and Carlisle SynTec took them on. 

For those who don't know it and are coming in blind on this report, Carlisle SynTec, largely known as one of the four major roofing manufacturers in the US, is headquartered in Carlisle, PA. And now we have a real donnybrook..... So what happened? 

It's the relatively new Purchasing Agency Scam - where licensed architects and engineers don't do the specifying, purchasing agents do - against state licensing laws and building codes. Acting as architects and engineers. And that's not all.  

What laws are potentially being violated?
  • Antitrust
  • Bid Rigging
  • Public Contracting Codes
  • Racketeering
  • Licensing Laws
  • Building Codes
  • Et. al.
And this is all despite a recent letter from the Pennsylvania Dept. of Education in a similar case, stating that a School District has to obtain their own roofing, not through a manufacturer and the purchasing agencies organization. See: http://www.zwire.com/site/index.cfm?newsid=19431938&BRD=2724&PAG=461&dept_id=563781&rfi=8  

Manufacturer Involved? 

Tremco - the one and the same in selling their wares at the Cumberland Valley School District Board.  

Essentially, here's what happened:  

1. Cumberland Valley School District is preparing to spend $1.5 million on EPDM roof restorations - stripping seams and coatings. 
 
2. One of the schools - Eagle View Middle School was to be contracted at $632,000.
 
3. Carlisle conducted a full survey with a building envelope expert. He came up with an estimated $600 in needed repairs to maintain watertightness. The roof was still under warranty so the school did not need to spend a cent if it did not want to. 
 
4. If an EPDM restoration was conducted with seam overlays (through a legal bid process), Carlisle SynTec - whose system is presently on the roof - said that they could not see how the costs would exceed even $100,000 and that would be eligible for a 10 year warranty extension.
 
5. Tremco/WTI recommended coatings which serve no purpose in the Northeast and would result in higher energy costs based on the Department of Energy's Cool Roof Calculator. 
6. The Cumberland Valley School district is currently weighing if they will go with the AEPA contract in spite of the disparity. 
I say "Hooray!!!" that Carlisle Syntec has stood up to the unnecessary cost expenditures So should the taxpayers, being duped once again to put money out where money doesn't need to go...in sole-sourced construction products, and other areas like fixtures, furnishings and equipment (FF&E).

For those who don't know, the usual Purchasing Agent's scope of work is FF&E - not life, safety, health and welfare issues' products, which is what construction products are.  

And I repeat:  

Purchasing Agents and Cooperatives involved with such specifications are practicing engineering and architecture without a license.  

You just can't apply anything anywhere, as roofs exist in differing climates, conditions, have varying substrates and uses. Purchasing Agents just aren't qualified to specify anything anywhere with regards to fire-rated roofing products. They are out of their league. And so is Tremco, doing such.  

The story is located here: http://www.pennlive.com/midstate/index.ssf/2009/05/carlisle_syn_tec_demanding_cum.html and reprinted below. _______________________________________

"Carlisle Syn Tec demanding Cumberland Valley School Board revoke roofing contract

by ELIZABETH GIBSON, Of The Patriot-News
Saturday May 23, 2009, 3:00 PM

Carlisle Syn Tec officials are demanding that Cumberland Valley School Board revoke its approval of a roofing contract with a rival company, saying their company can do some of the work cheaper. 


Especially adamant are Carlisle Syn Tec employees who are district residents. 


Michael J. DuCharme, a product marketing manager, conducted his own inspection of the Eagle View Middle School roof without district authorization. He said Thursday that he did it 'to better understand what the condition was.' 

Carlisle Syn Tec produced the 15-year-old roof, which was installed by another contractor, and can repair a leak for free because the roof is still under warranty, DuCharme said. 

It would cost Syn Tec $600, as opposed to the $632,037 being charged by Tremco Inc. of Beechwood, Ohio, DuCharme said. 

Another resident, Alison Diegel, a public relations specialist for Carlisle Syn Tec, on Wednesday issued a release stating that taxpayers are being scammed through the district's contract with Tremco. 

District officials dispute that. 

"We believe (Eagle View) is not a $600 repair," said Mike Willis, district finance chief. 

Tremco is restoring the roof and supplying ongoing maintenance with a 10-year warranty, he said.

"It was a competitive bid contract that meets state statues. Tremco competed through a bid process," said Jeffrey Kimball, Central Susquehanna's director of cooperative purchasing. 

Tremco spokesman Carl Zeitz said the company stands behind its bid. 

"We are not aware of any dissatisfied schools, on the contrary we received many positive comments from schools" Kimball said."

See also "Wall of Shame" here on this blog.