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TRANSCRIPT
HUNT REPORTING
COMPANY
Court Reporting and Litigation Support
Serving Maryland, Washington, and Virginia
410-766-HUNT (4868)
1-800-950-DEPO (3376)
1
MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE
OFFICE OF SYSTEMS, OPERATIONS AND PHARMACY
REQUEST FOR PROPOSALS FOR
SUPPORT AND MAINTENANCE FOR EDITPS and MMIS II
SOLICITATION NO. DHMH—OPASS—15—14260
Maryland Department of Health and Mental Hygiene,
Office of Systems, Operations and Pharmacy
Correctional Services
201 West Preston Street
Lobby Room 2
Baltimore, Maryland 21201
Thursday, November 13, 2014
WHEREUPON,
Pursuant to Notice, the above-entitled
meeting was held at 10:03 a.m. at the offices of the
Maryland Department of Health and Mental Hygiene,
Office of Systems, Operations and Pharmacy, 201 West
Preston Street, Lobby Room 2, Baltimore, Maryland
21201, there being present the following parties:
STATE STAFF:
Queen Davis, Contract Officer
Jane Rutkowski, Procurement Coordinator
Matt Asplen, Project Manager
Craig Smalls, Director
John Bohns, Senior Medicaid Project
Manager
ATTENDEES:
HUNT REPORTING
COMPANY
Court Reporting and Litigation Support
Serving Maryland, Washington, and Virginia
410-766-HUNT (4868)
1-800-950-DEPO (3376)
2
David Kiasi, Applications Alternatives
Louis Bullock, SQN Systems
Brian Zernhelt, Software Consortium
Mike Boyle, TCC
Randy Hayes, GeBBS Technology Solutions
Qunetin Cantlo, CNSI
Derrick Burnett, CAEI
Kim Cantrino (phonetic), PTS
Charles Blackmore, iConnect Group
Maye c, Junosys Technologies, LLC
Mary Warren, Williams Consulting
Marty Nelson, FEi Systems
Ron Rhodes, FEi Systems
Scott Reiner, General Dynamics
Information Technology
Kristin Pennypacker, PSI
Kimberly Quick, DHMH
Unidentified, CNSI
Alan Shugart, CSC
Tony Cegelski, CSC
Joe Dunne, DHMH
Jean Self (phonetic), DHMH
Pete Zairis, Group Z
Nora Presti, Group Z
Arvinder Singh, CNSI
Manu Bakshi, ServBeyond
Unidentified, ServBeyond
Unidentified, ServBeyond
Harrison Smith, DHMH
Sri Akula, CNSI
Chris Bennett, CSC
HUNT REPORTING
COMPANY
Court Reporting and Litigation Support
Serving Maryland, Washington, and Virginia
410-766-HUNT (4868)
1-800-950-DEPO (3376)
3
Will Pearce, CSC
Rhonda White, CSC
David Beach, CSC
Lee Russell, DHMH
Zena Morris, DHMH
Keith Sewell, DHMH
REPORTED BY: CATHY MATTHEWS, Notary Public
- - -
4
P R O C E E D I N G S 1
MS. DAVIS: Good morning, 2
everybody. Welcome to the pre-proposal conference for 3
support maintenance and EDITPS and MMIS solicitation. 4
My name is Queen Davis. I am from 5
the Office of Procurement and Support Services. I am 6
the contract officer for this solicitation. I am 7
representing Michael Howard, who is the procurement 8
officer for the Office of Procurement and Support 9
Services. I am asking everyone that has not already 10
done so to please sign the sign-in sheet and put your 11
information there. That way if there are any addendas 12
or any other information, we can readily send it to 13
those who are attending the meeting today. So I 14
appreciate you giving us your information. 15
I am going to ask everyone to introduce 16
theirselves before we begin. I will be giving an 17
overview of the procurement process. After which the 18
program will give a (indiscernible) overview of the 19
services that's being required in this solicitation. 20
21
Again, my name is Queen Davis. I'm a 22
5
contract officer. And we'll start with you, Jane. 1
MS. RUTKOWSKI: Jane Rutkowski, Procurement 2
Coordinator for OSOP. 3
MR. ASPLEN: Matt Asplen, I'm the DHMH 4
Project Manager. 5
MR. SMALLS: Craig Smalls, Director of 6
Systems and Operations for Medicaid. 7
MR. BOHNS: John Bohns, DHMH Project 8
Manager. 9
MR. KIASI: David Kiasi, Applications 10
Alternatives. We are an MBE -- MDOT certified MBE, 11
and applications (indiscernible). 12
MR. BULLOCK: Louis Bullock, SQN Systems, 13
African-American MBE, and veteran owned small business 14
as well. 15
MR. ZERNHELT: Brian Zernhelt, Software 16
Consortium. 17
MR. BOYLE: Mike Boyle, TCC Software 18
Solutions. We're certified Hispanic MBE. 19
MR. HAYES: Randy Hayes, Gebbs Consulting. 20
MR. CANTLO: Quentin Cantlo, CAEI. 21
MR. BURNETT: Derrick Burnett, CAEI. 22
6
(Indiscernible) African-American MBE. 1
MS. CONTENIO: Khin Contenio, PTES, MBE. 2
MR. BLACKMORE: Charles Blackmore, iConnect 3
Group, certified MBE and have got vast experience in 4
healthcare. 5
MS. MAYE: Maye from Junosys. We are 6
principal with (indiscernible). 7
MS. WARREN: Mary Warren, Williams 8
Consulting. And we're disadvantaged, we are a small 9
business, we are MBE certified. And we have 10
significant experience supporting federal, state, and 11
local Medicaid programs. 12
MR. NELSON: Marty Nelson, FEI Systems. 13
MR. RHODES: Ron Rhodes, also FEI Systems. 14
MR. REINER: Scott Reinter, General Dynamics 15
Information Technology Health Solutions. 16
MS. PENNYPACKER: Kristin Pennypacker, 17
Planned Systems International. 18
MS. DAVIS: Let's start in the back, and 19
then we'll come over on this side. Thank you. 20
MS. QUICK: Kimberly Quick, Department of 21
Health and Mental Hygiene. 22
7
MR. QUID: Adam Quid (phonetic), CNSI. 1
MS. LEEK: Patricia Leek, DHMH Systems. 2
MR. SHUGART: Alan Shugart, CSC. 3
MR. CEGELSKI: Tony Cegelski, CSC. 4
MR. DUNNE: Joe Dunne, DHMH Systems. 5
MS. SELF: Jean Self (phonetic), DHMH 6
(indiscernible). 7
MR. ZAIRIS: Pete Zairis from Z 8
MS. PRESTI: Nora Presti from Z, woman owned 9
MBE. 10
MR. SINGH: Arvondel Singh, CNSI. 11
MR. BAKSHI: Mano Baksmi, from ServBeyond 12
Solutions. We do business at CNS and we are an MBE 13
certified. 14
MR. JIMA: Deepak Jima, Serv Beyond. 15
UNIDENTIFIED SPEAKER: (Indiscernible), Serv 16
Beyond. 17
MR. SMITH: Harrison Smith, DHMH, Office of 18
Information and Technology. 19
MR. AKULA: Sri Akula, CNSI. 20
MR. BENNETT: Chris Bennett, from CSC. 21
MR. PEARCE: Will Pearce, CSC. 22
8
MR. SANTOS: Bob Santos, CSC. 1
MS. WHITE: Rhonda White, CSC. 2
MR. BEACH: David Beach, CSC. 3
MR. RUSSELL: Lee Russell, DHMH Systems 4
Liaison Services (phonetic). 5
MS. MORRIS: Zena Morris, Deputy Director of 6
DHMH. 7
MR. SEWELL: Keith Sewell, Executive 8
Director for Systems and Operations. 9
MS. DAVIS: And we have our transcriber 10
here, who will be taking minutes of this meeting. 11
These minutes will be posted to the eMaryland 12
Marketplace, and also to our DHMH Procurement website. 13
If you decide not to submit a proposal for this 14
procurement, we ask that you please complete the 15
vendor's form NDRP. This way we will -- it will help 16
us to understand why, if you did not decide to submit 17
a 18
Proposal, and maybe help us with next proposals. So 19
we appreciate you sending that form back to the 20
department, if you do decide not to submit a proposal. 21
Subsequent to this pre-proposal conference, 22
9
written questions will be accepted by the Medical Care 1
Program until there is insufficient time for a 2
response to impact on a proposal submission. 3
The Program has determined December 2, 2014 will be 4
our cut-off for all questions. 5
Questions and answers will be distributed to 6
all persons known by the issuing office and to the 7
Office of Procurement to have obtained the RFP. And 8
questions and answers will be posted, as I said, on 9
eMaryland Marketplace and on our DHMH Procurement 10
website. 11
The procurement method for this solicitation 12
is competitive sealed proposals. The contract 13
resulting from this solicitation will be for three 14
years, beginning on or about May 1, 2014, and ending 15
on or about April 30, 2018. 16
At the discretion of the Department, the 17
contract may be extended for four one-year option 18
periods, at the sole discretion of the Department. 19
All dates and times can be found on the Key 20
Information Summary Sheet in the front of the RFP. 21
Proposals are due on or before Thursday, 22
10
December 11, 2014, at 2:00 p.m. local time. Proposals 1
will be received at the Department of Health and 2
Mental Hygiene, Office of Procurement and Support 3
Services, 201 West Preston Street, Room 416, 4
Baltimore, Maryland 21201, to my attention, Queen 5
Davis. Timely submissions are vital. Late 6
submissions shall not be accepted. 7
Please note that an MBE subcontracting goal 8
of 30% has been established for the contract resulting 9
in this solicitation. In addition, this contract has 10
MBE subgoals as follow: 7 percent for African-11
American, 2 percent Asian, and 8 percent woman. For 12
additional information regarding the MBE 13
participation, specific instructions regarding the MBE 14
can be found in Section 1.33 of the RFP. 15
An offeror that requests a waiver of the 16
goal, or any of the applicable subgoals, will be 17
responsible for submitting the Good Faith Effort 18
documents to support their waiver request. That's 19
Attachment D-1C. And all documentation, within 10 20
working days, is required from notification that it is 21
recommended awardee, or from the date of the actual 22
11
award, whichever is earlier, as required for the 1
waiver request, any waiver request. I apologize. 2
The offeror is advised that liquidated 3
damages will apply in the event the contractor fails 4
to comply, in good faith, with the requirements of the 5
MBE program and pertinent contract provisions. And 6
those liquidated damages can be found in Attachment A. 7
I think it's number 39. 8
I will -- well, I would have turned this 9
portion over to Courtney Billups, but he's in a 10
meeting, the MBE director, and he'll give you more 11
detail on the MBE subgoals, and the MBEI goal, and 12
VSPE goal – or non goal for VSPE. He will be here at 13
around 11 o'clock. He's in a previous meeting. So he 14
will give you more information on that, later on in 15
this meeting. 16
Just remember that the appropriate forms -- 17
MBE forms must be included for the offeror to be 18
considered for award. And that information is 19
explained also in the document in Section 1.33. 20
If you will turn your attention to the 21
Minimum Qualifications, the Section 2, page 21 on 2-1 22
12
of the RFP. All of the following of minimum 1
qualifications are mandatory. The offeror shall 2
provide information in a transmittal letter to its 3
proposal, that includes details of how the offeror 4
meets the following minimum qualifications. The 5
minimum equations are: 6
The offeror shall have at least three years' 7
experience in operating, maintaining, and supporting a 8
Microsoft BizTalk X 12 Electronic Data Interchange 9
Solution. 10
The offeror shall have at least five years' 11
experience in providing staff on health insurance 12
industry engagement to support legacy mainframe 13
systems to federal or state agency of similar size and 14
scope of Maryland Medicaid, including all of IBM 15
mainframe computers with COBOL, DB2, CICS, FOCUS, and 16
JCL. 17
The Offeror shall have at least three years' 18
experience in providing staff on an engagement to 19
support VisionWare. 20
The offeror shall include a minimum of three 21
years' references for each public sector client, 22
13
federal, state or local, for whom work similar to this 1
project in size and scope has been completed within 2
the last ten years. The references shall include the 3
name of each client, reference, point of contact, 4
telephone number, and email address. DHMH has the 5
right to contact any references of its choosing, and 6
as part of the evaluation process, including 7
references not provided by the offeror, but otherwise, 8
known to DHMH. 9
The scope of work is listed in Section 3 of 10
RFP. And Matt Asplen and Craig Smalls will give you 11
an overview of this after I finish my overview of this 12
contract process. 13
If you will turn your attention to Section 14
4.2. That's the format for submitting your proposal. 15
Volume I is the technical proposal – will be the 16
technical proposal -- I'm sorry. 17
And Volume II, the financial proposal shall 18
be sealed separately from one another. It is 19
preferred, but not required, that the name, email, 20
address, and telephone number of the offeror be 21
included on the outside of the packaging of each 22
14
volume. Each volume should contain an unbound 1
original, so identified, and six copies. Unless the 2
resulting package will be too unwieldy, the State's 3
preference is is for the two sealed volumes to be 4
submitted together in a single package, including a 5
label bearing: A. The RFP title number; B. Name and 6
address of the offeror; and C. Closing date and time 7
for receipt of proposals. And it should be sent to my 8
attention, see Section 1.5, prior to the date and time 9
for receipt of proposal, see Section 1.11 for proposal 10
due date closing and time. 11
An electronic version, CD or a DVD, of the 12
technical proposal in Microsoft format, version 2007, 13
is preferred. Must be enclosed with the original 14
technical proposal. An electronic version, CD or a 15
DVD, of the financial proposal in Microsoft Word or 16
Microsoft Excel format, version 2007, must be enclosed 17
with the original financial proposal. 18
CD and DVDs must be labeled on the outside, 19
with the RFP title and number, name of the offeror, 20
and volume number. CD and DVDs must be packaged with 21
the original copy of the appropriate proposal, 22
15
technical or financial. 1
A second electronic version of Volume I and 2
Volume II, in searchable Adobe PDF format, shall be 3
submitted on CD or DVD for public information, at 4
request. This copy shall be redacted so that 5
confidential and/or proprietary information has been 6
removed. And you can see Section 1.14 for 7
instructions and information on Public Information Act 8
Notice. 9
All pages of both proposal volumes shall be 10
consecutively numbered, from beginning to the end. 11
Proposals and any modifications to proposals will be 12
shown only to State employees, member of the 13
Evaluation Committee, or other persons deemed by the 14
Department to have a legitimate interest in them. 15
If you'll turn to Section 4.3 for the 16
delivery of the proposal. Offerors may either mail or 17
hand-deliver proposals. For U.S. Postal Service 18
deliveries, any proposal that has been received at the 19
appropriate mailroom, or a typical place of mail 20
receipt for the respective procuring unit by the time 21
and date listed on the RFP will be deemed to be 22
16
timely. 1
If an offeror chooses to use the U.S. Postal 2
Service for delivery, the Department recommends that 3
it use Express Mail, Priority Mail, or service for 4
delivery, or I mean -- I'm sorry, or certified mail. 5
Only as these are the only forms for which both the 6
date and time of receipt can be verified by the 7
Department. 8
An offeror using first class mail will not 9
be able to provide a time of delivery at the mailroom. 10
And it could take several days for an item to be sent 11
by first class mail to make its way by normal internal 12
mail to the procuring unit. 13
Hand-delivery includes delivery by a 14
commercial carrier acting as an agent for the offeror. 15
For any type of direct or non-mail delivery, offerors 16
are advised to secure a dated, signed, and time-17
stamped receipt of delivery. After receipt a Register 18
of Proposals will be prepared that identifies each 19
offeror. The Register of Proposals will be open to 20
inspection only after the Procurement Officer makes a 21
determination, recommending the award of the contract. 22
17
If you will turn your attention to Section 1
4.4. And this gives detailed information on how your 2
technical proposals shall be formatted and submitted 3
to the Department. And please review and adhere to 4
the specifics of this section. Volume I is the 5
technical proposal. Please note no pricing 6
information is to be included in the technical 7
proposal. Pricing information is to be included only 8
in the financial proposal, which is Volume II. And, 9
lastly, Section 5 instructs the offeror on the 10
Evaluation Committee duties, the evaluation criteria, 11
and selection procedure for this procurement. 12
The Contract Affidavit, attachment C, and 13
the Standard Contract, attachment A, are not required 14
until determination of award is made. Again, remember 15
there are only three acceptable means of delivering 16
your proposal, the U.S. Postal Service, hand delivery 17
by offeror, and make sure you get a receipt, and hand 18
delivery by a commercial carrier. And make sure your 19
commercial carrier receives a receipt, dated and time-20
stamped, of the proposal. 21
Unsuccessful vendors may request a 22
18
debriefing after notification of non-award. And that 1
concludes my overview of the procurement process. If 2
anyone has any questions, they can ask now. If not, 3
I'll turn it over to Matt Asplen. And he can give an 4
overview of the requirements, and such. 5
MR. ASPLEN: Thank you, Queen, good morning. 6
My name is Matt Asplen, I'm the Project Manager. The 7
Office of Systems, Operation and Pharmacy is 8
responsible for running Maryland's Medicaid System. 9
This RFP is about providing staff to help support our 10
Medicaid system. 11
There are two unique aspects -- or two 12
aspects to this, to our staffing. The first is 13
staffing for the MMIS system, which is a legacy 14
mainframe system. The second piece is the EDITPS 15
system, which is our HIPAA translator. For the MMIS 16
staff, this staff will be interspersed amongst our 17
State staff, and will be working under State 18
management with COBOL,CICS, FOCUS, looking for 19
programmer analysts. 20
Also, DBAs to support our DB2. We are 21
looking for a websphere developer who will support our 22
19
eMedicaid front end. In addition, there are some 1
systems – a system engineer and a computer specialist. 2
The EDITPS system, which translates our 3
HIPAA standard X12 transactions, is a Microsoft 4
BizTalk SQL server platform. For the EDITPS, that 5
staff will essentially be responsible for supporting 6
the EDITPS system. They will not be interspersed with 7
State staff. 8
In addition to BizTalk, there is a 9
VisionWare product which runs our common client 10
interchange, incarceration match, and a Register of 11
Wills match. We are expecting the staff to have 12
experience in this VisionWare product, to be able to 13
support these two critical functions. That's pretty 14
much what I have. 15
MR. SMALLS: And, again, I'm Craig Smalls, 16
Director of Systems Operations. The brief overview 17
that Matt gave is pretty much straightforward, but as 18
RFP, pretty much one of the straightforward RFPs I've 19
worked on in a long time. It's not really much 20
ambiguity with this RFP. We're looking for, again, 21
staff to complement our existing staff. And as Matt 22
20
said, for the EDITPS, more like maintenance operations 1
effort there to -- for ongoing support of our EDI 2
transactions on that side. 3
And just so we make it clear, this is the 4
Medicaid Program, not the Medicare Program. A lot of 5
times people get the two mixed up. Still in this 6
building people may say you're on Medicare, but it's 7
really Medicaid, State administered, federal and state 8
funded. 9
We have over a million plus recipients, over 10
14,000 pay-to providers, and the number of recipients 11
growing every day as a result of the Affordable Care 12
Act. 13
So that's much to it. Again, it's much 14
straightforward solicitation that's out -- that we put 15
out there. And hopefully you guys will bid. So, 16
Queen, I don't have anything else. 17
MS. DAVIS: Are there any questions? Oh, we 18
must have done a really good job. Oh, sorry. 19
MR. KIASI: David Kiasi, Applications 20
Alternative. Are we going to have -- I was going to 21
wait until all the presentations were 22
21
done to ask questions. 1
MS. DAVIS: Sure. We're done. 2
MR. KIASI: Oh, okay. Two questions, one is 3
the current MMIS II and EDITPS systems, I assume you 4
have contractors supporting those? 5
MS. DAVIS: We, currently, have Computer 6
Science Corporation supporting that system now. 7
MR. KIASI: Both of those? 8
MR. SMALLS: Well, let me just say this. 9
What EDITPS -- Queen was right – we have – it's both, 10
for the EDITPS is being managed and run by our vendor, 11
CSC. 12
MR. KIASI: Okay. 13
MR. SMALLS: The MMIS, which is the State's 14
-- each state has a Medicaid management information 15
system. As Matt pleaded earlier, that is both State, 16
and complement of contractor staff helping support 17
those applications. 18
MR. KIASI: Okay. And who is that 19
contractor? 20
MR. SMALLS: It's CSC. 21
MR. KIASI: Oh, okay. All right. Okay. My 22
22
second question was you had gone over the 1
qualifications for the procurement. However, in the 2
RFP there are specific categories of staff defined. 3
And it doesn't -- I guess if the prime contractor has 4
that experience, could the sub have the experience, 5
meeting the requirements in this RFP only, without the 6
overall experience that you had mentioned? 7
MS. DAVIS: Yeah. Can we get back with you 8
on that? 9
MR. KIASI: Okay. 10
MR. DAVIS: Because you're asking if the 11
prime has -- doesn't have the experience, could the 12
sub make up for that experience? 13
MR. SMALLS: No, the reverse. 14
MS. DAVIS: Oh. 15
MR. KIASI: If the prime has the experience 16
-- 17
MS. DAVIS: Yes. 18
MR. KIASI: -- could a sub just have the 19
experience defined in these labor categories to 20
support the prime? 21
MS. DAVIS: The key personnel, for key 22
23
personnel? 1
MR. KIASI: The non-key. 2
MS. DAVIS: The non-key personnel, yes. 3
MR. BOHNS: Yeah, the prime -- 4
THE COURT REPORTER: Excuse me, I'm not 5
hearing you. 6
MS. DAVIS: Oh, John, she couldn't hear you. 7
MR. BOHNS: John Bohns. It would be a 8
combination of the prime and the sub having that 9
experience. 10
MR. SMALLS: So the prime could have the 11
varied detailed experience that you mentioned, and the 12
sub could only -- could possibly just cover one area 13
of the labor category. 14
UNIDENTIFIED SPEAKER: Put that question in 15
writing so we can make sure to (indiscernible). 16
MR. KIASI: Okay. 17
UNIDENTIFIED SPEAKER: Just make sure we're 18
hitting you. 19
MR. KIASI: Okay. 20
MS. DAVIS: Any more questions? Yes, sir? 21
MR. ZERNHELT: Brian Zernhelt, Software 22
24
Consortium. Under the minimum qualifications, you 1
have VisionWare listed as three years' experience. 2
Can that be exchanged for preferred qualifications? 3
MS. DAVIS: No. None of the minimum 4
qualifications are interchangeable. Any more 5
questions? 6
MS. MORRIS: Placement (indiscernible), Zena 7
Morris. 8
MS. DAVIS: Oh, yeah, absolutely. And if 9
you have any questions, as stated in the RFP Section 10
1.9, please submit the questions to that group email. 11
It's listed in Section -- I think it's 1.9, for 12
questions, by the, prior to the cutoff date for 13
questions. I think it's 1.9. Yes, Section 1.9, Page 14
4, 1-4. Are there no other questions? 15
MR. BURNETT: Excuse me. Derrick Burnett, 16
CAPI. I heard you say that CSC was – 17
MS. DAVIS: Did you get him? 18
THE COURT REPORTER: He needs to speak up 19
because he's so far away. 20
MS. DAVIS: Could you speak up, please? 21
MR. BURNETT: CSC is the prime, correct? 22
25
MS. DAVIS: CSC is the prime contractor. 1
MR. BURNETT: And I also heard you say CSNI? 2
MS. DAVIS: CNSI is the subcontractor. 3
MR. BURNETT: Is the subcontractor? 4
MS. DAVIS: Yes. 5
MR. BURNETT: So all the positions 6
advertised, are they existing positions that they're 7
holding now? 8
MS. DAVIS: Yes, they are. Are they? 9
MR. ASPLEN: Some are, and some are not. 10
Similar but not exactly the same. 11
MR. SMALLS: And let's be clear. It's not 12
just CNSI. 13
UNIDENTIFIED SPEAKER: There's seven 14
different (indiscernible). 15
MR. SMALLS: Right exactly. Yeah. 16
MR. BURNETT: Say that again? 17
MR. ASPLEN: I think there's like either 18
five or seven different subcontractors. 19
MR. SMALLS: There's several subcontractors 20
under that contractor. 21
UNIDENTIFIED SPEAKER: How long has that 22
26
contract been in place? 1
MS. DAVIS: We can put that in the minutes. 2
I'm not quite sure, but it's been a while. Yes, sir? 3
MR. KIASI: David Kiasi, Applications 4
Alternatives. Given that you just mentioned several 5
subcontractors, if you could please respond with like 6
what the contractors are doing for CSC, and their 7
particular areas, and who they are? 8
MS. DAVIS: Well, that information won't be 9
forthcoming. But we can certainly let you know who -- 10
well, let me get back to you as far as letting you 11
know who all of the primes are. Subs. 12
MR. KIASI: Oh, the subs, yes. 13
MS. DAVIS: Yes. 14
MR. KIASI: Okay. Thank you. 15
MS. DAVIS: Any other questions? Yes, sir? 16
MR. WIGGINS: Hi, Mark Wiggins with 17
Deloitte. 18
MS. DAVIS: Could you sit – could you speak 19
up a little bit more, and? 20
MR. WIGGINS: Oh, sure. Mark Wiggins with 21
Deloitte. Yeah, D-E-L-O-I-T-T-E. Section 1.24, 22
27
mandatory contract terms. There's a statement in 1
there about proposal that takes exception to those 2
terms being rejected. 3
MS. DAVIS: Yes. 4
MR. WIGGINS: Can you talk about the purpose 5
of that statement and if all the mandatory terms that 6
you're saying are mandatory are supported by COMAR? 7
MS. DAVIS: All of our mandatory terms in 8
our contract are supported by COMAR. And unless 9
reviewed and accepted by the program, we do not change 10
our mandatory language. You can certainly submit a 11
request. It will be reviewed, but not necessarily 12
accepted. And we will let you know what is and is not 13
accepted. And we would expect you to have any 14
exceptions to the contract or the terms, prior to 15
submitting your proposal, not after proposal is 16
submitted. So during this time period you can submit 17
any exceptions you have. 18
MR. WIGGINS: Okay. But the issue that 19
we're having right now is we've already submitted -- 20
this RFP to our legal counsel for review, but they're 21
having a problem matching what you're calling 22
28
mandatory to COMAR. 1
MS. DAVIS: Okay. So any exceptions that 2
they're having, as I said, they can certainly send 3
that in email as a question, or a concern, and we will 4
review it and get back to them. 5
MR. WIGGINS: Okay. 6
MS. DAVIS: Okay. 7
MR. WIGGINS: Is there a way that you guys 8
can reference what COMAR clause you're saying is tied 9
to the mandatory? 10
MS. DAVIS: If you submit your concerns, we 11
will address them, accordingly. And if it's 12
referenced to COMAR, we will put in there what it is 13
in COMAR that it's referencing. 14
MR. WIGGINS: Okay. So I'll just -- 15
MS. DAVIS: And if it's not, we'll tell you 16
why we had that as a mandatory clause. 17
MR. WIGGINS: Okay. So I just need to 18
submit the question I have. 19
MS. DAVIS: Yes. 20
MR. WIGGINS: Saying please reference the 21
COMAR? 22
29
MS. DAVIS: Yes. 1
MR. WIGGINS: Thank you. 2
MS. DAVIS: Any more questions? Okay. If 3
there are no more questions, we appreciate you coming. 4
We were expecting Courtney around 11:00 to give you 5
any information that you may have on the MBE 6
participation or lack thereof. But he has not made it 7
to his seat yet. He's probably still in his meeting. 8
If you have any questions concerning that, 9
you can send it to me, and we will respond as soon as 10
possible. Okay? Thank you all for coming, we 11
appreciate it. And good luck. 12
(Whereupon, at 10:35 a.m., the meeting was 13
concluded.) 14
30
CERTIFICATE OF NOTARY
I, CATHY MATTHEWS, NOTARY PUBLIC, the
officer before whom the foregoing testimony was taken,
do hereby certify that the witness whose testimony
appears in the foregoing transcript was duly sworn by
me; that the testimony of said witness was taken by me
by stenomask means and thereafter reduced to
typewriting by me or under my direction; that said
testimony is a true record of the testimony given by
said witness; that I am neither counsel for, related
to, nor employed by any of the parties to the action
in which this testimony is taken; and, further, that I
am not a relative or employee of any attorney or
counsel employed by the parties hereto, nor
financially or otherwise interested in the outcome of
the action.
This certification is expressly withdrawn
and denied upon the disassembly or photocopying of the
foregoing transcript of the proceedings or any part
thereof, including exhibits, unless said disassembly
or photocopying is done by the undersigned court
reporter and/or under the auspices of Hunt Reporting
Company, and the signature and original seal is
attached thereto.
_________________________
CATHY MATTHEWS