TV MEDIA REPORTS


See the TV News Reports at the top of the Sidebar below to the right, just below this links section....and click on the photos!

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

Sunday, February 3, 2008

Garland Roofing Business Model


Here are the Garland Training Documents - that show clearly their "Business Model": See top of page 2: "The strongest sale will always be Garland materials and performance specficiations and no "or equals". 

 And then they state: "Public contracts can be very lucrative, but they require a very dedicated, sophisticated sale; one which anticipates the things that your competitors are going to do prior to the bid opening. If you are not willing to do all of these things, don't do business with schools." 

And then they describe some of what we know they do......

Top of page 3:
'I suggest you start your presentation by selling "fear." '

Towards the bottom of page 3:
"I suggest you emphasize that you are recommending a solution that is not proprietary."

Then he tells the Garland sales reps:
1. How to mix up the manufacturers listed - to look "competitive"; 

2. How to demand that the substitution won't hurt the "system" (although known for substituting J-M plies for their own under their top cap sheet - and not returning the difference...);

3. How to "lock-spec" - by using extreme test listings, not verifiable to a school district guy that it might or might not be accurate...see the next posting to come up in the next couple of days....

But he doesn't tell his sales reps they private label from their competitors - who produce products that the sales reps have been known to decry as not competitive with their own products, and get "disallowed" by school district personnel in so-called "bids."

Here's some of the "restrictive proprietary performance specs" guidelines being taught to Garland sales reps, to "lock-spec" their product in public and school work.

They state that "under no circumstances, are loosely-laid or single-ply systems acceptable."

And they state that 'if you have to go "or equal" "depending upon the intestinal fortitude of the guy you are selling"' to, either "aim for a chance at getting the job - or eliminating as much of the competition as possible."'
Then he describes how you can lock in the Garland product...with specific lock-spec language, on this last page: ______________________________________________
So, Garland - would you like to explain to the public:

1. The conflicts of interest of a manufacturer having their reps certify without any independent, owner-supplied reps that the roofs were installed correctly.

2. Why you would call a true Maintenance Agreement a "Warranty".

3. How many of those Maintenance Agreements actually got paid for on time and actually got extended, with his public works projects.

4. How many times they redid roofs on all your jobs - you know, the true life of the roofs? Was it 6, 7, 8, 9, 10, 11, or every 12 years?

5. Who private labels their products for you, and which ones? We all know there are only four major US roofing manufacturers. We believe that you have Carlisle private label some of your products, as does Johns Manville for Tremco.

6. When in a so-called "bid" situation when an equal is produced, how many times have you had disqualified products that are the same as yours, only yours are private-labeled?

7. When is the responsible San Francisco Bay Area Garland Rep going to give the Federal Government back all those overcharges for the Johns Manville plies used under their top cap sheet....and charged for as if they were Garland plies, about 3 times or more the price of the J-M plies? Let's see, why don't we start with the US Postal Distribution Service Center just south of the Cow Palace in San Francisco County....and how many schools shall we go pull cores on to find out what you did where?

8. How much did you pay architects to insert your specs into the project bid specs? $10,000 or more? Which architects, for which jobs?

9. How many architects and engineers specifying your products get your $50,000 indemnification for potential problems with the jobs? All of them? It certainly covers most of their deductibles on E&O Insurance Policies - giving them a financial incentive to specify you.

10. And are you aware how bogus it is to list "ASTM D5147" in the actual tests you list in your illegal, restrictive, proprietary specs?

It's a test method - not a test.

ASTM Roofing Committee Members informed me of this particular bogus spec practice - seen in San Francisco Unified School District Specs.
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[Editor's Note: Read Garland's training documents above, and Tremco's training documents, here: http://schoolroofingscam.blogspot.com/2008/02/tremco-in-house-training-documents.html which show both "Business Models" - "Sales Models" - are more concerned about locking out competition -to get their admitted, higher-priced products in to schools.]

Tremco's "business model"predates Garlands', for those who don't know. Tremco executives left to take over a flooring company (Garland) in the early 1970's, to compete with that same business model with Tremco.....
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Tremco In-House Training Documents



Here they are - the Tremco In-House Training Documents used in the article, "Tremco: Strategies & Methods" by L.B. "Huck" Morris of the esteemed Midwest Roofing Contractor's Association (MRCA) and printed in 1997 in their magazine, Midwest Roofer.

Roles & Responsibilities of Facility Owners, Architects/Engineers & Manufacturers

In the design and construction world, there is one tried and true method for fair dealings for all.

The following graphic charts are developed from past American Institute of Architect documents, in their explanation in Owner-Contractor Agreements as to how the roles and responsibilities of each party are divided and how the licensed design professional, while working for the Owner, is to keep the parties at arms' length.

In addition, Architect and Engineer Licensing laws traditionally require the duly licensed design professionals to protect the health, safety and welfare of the general public. 

At Georgia Tech and in large architecture firms in Atlanta, we were taught that such included fiduciary duties to the public. 

 We were not allowed to sole-source anything without one particular man in State Government reviewing those specifications to make sure that there were no other such products available - and not much was so. In the roofing world, there are many equals and in fact better similar products and real warranties available, sometimes from the very companies relabeling their products for those hard-marketing products to schools.

State Laws enact both Building Codes and the extent of unlicensed design activity - including the purchasing of fire-rated materials, to be designed and specified only by licensed architects and engineers. 

 The idea that roofs could be reroofed without independent tests taken of the existing roofs (independent of any interested parties - particularly manufacturers) or designed with complete and site-specific details, so located on complete drawings, and along with a full set of specs, and then with local Building Dept. and any Fire Dept. Approvals required - is absurd. 

 And it could be dangerous - particularly if the substrate had been weakened through previous water penetration issues, for instance - necessitating structural replacement which would not be addressed through using purchasing agents to buy roofing products to be applied by roofing contractors in most likely broken-apart contracts - under the limit required to be bid out.

It is extremely important to the public for both safety and finanacial issues that the Roles & 
 Responsibilities of each party be kept as shown in the first chart, "How Public Bidding Should be done". It is a win-win situation for all concerned.

The other two charts show how manufacturers turn the processes upside down - to everyone except their disadvantage - in a one-party win situation - a monopoly.

Write roofreports@gmail.com for better copies of the charts below, in .pdf form, if you desire them.

How The Public Bidding Process Should Work

How Roofing Manufacturers Control Public Bidding Processes


How a Roofing Manufacturer Controlled and Subverted an Educational Purchasing Agents' Association Bid Process