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

HUNT REPORTING COMPANY

Court Reporting and Litigation Support

Serving Maryland, Washington, and Virginia

410-766-HUNT (4868)

1-800-950-DEPO (3376)

31

Notary Public in and for

the State of Maryland

My Commission Expires:

_______________________