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From YouTube: Government Contract Review Committee (5-9-23)
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A
Well,
good
morning,
everybody
Welcome
to
the
May
meeting
of
the
government
contract
Review
Committee
first
item
on
the
agenda
is
the
consideration
of
the
minutes
of
the
April
11th
meeting
of
the
committee.
Is
there
a
motion
that
that
maybe
is
there
a
motion
to
approve
the
minutes?
A
Have
a
motion
by
Senator
Douglas,
a
second
by
Senator
Meredith?
Please
take
the
role.
A
The
total
number
of
items
on
the
agenda
today,
equal
597
in
the
amount
of
152
million
170
000.,
46
dollars
and
84
cents.
All
vendors
are
registered
with
the
Secretary
of
State's
office.
Next
is
the
Deferred
list,
which
is
with
the
office
of
administrative
services
and
is
and
is
item
number
50
from
the
April
PSC
green
list.
A
All
right,
this
is
now
if,
if
anybody
is
here
for
also
office
of
administrative
reports,
please
come
to
the
table
and
identify
yourself
for
the
record.
Oh
office
of
administrative,
Services,
I'm,
sorry
I
said
Jerome.
C
Sorry,
Corey
Troutman
division
director
for
financial
management
in.
D
Yeah
and
Joe
Newberg
general
counsel,
energy
and
environment
cabinet
good
morning.
A
If
you
all
could
just
we're
gonna
take
a
real
brief
recess.
While
we
get
some
documents
and
then
we'll
get
started
as
soon
as
our
car
gets
back.
B
E
F
A
If
you
both
would
raise
your
right
hand,
we
are
now
going
to
start
to
practice
in
this
Committee
of
swearing,
everybody
in
kind
of
follow
suit,
with
some
of
the
other
committees
in
the
house
and
I
think
the
Senate
is
doing
it
as
well.
So
if
you
would
raise
your
right
hand,
do
you
solemnly
swear
to
tell
the
truth,
the
whole
truth
and
nothing,
but
the
truth
shall
help
you
God
I.
D
A
I
do
all
right,
thank
you,
and
at
this
time
we
have
some
questions
or
I
have
some
questions
or
a
couple
questions.
The
first
question
I
as
I
was
looking
at
this
contract.
I
was
wondering
how
long
was
the
RFP
open
and
why
was
it
so
short?
The
time
period.
C
A
Okay,
how
are
how
are
they
will
they
indicate
or
how
they?
How
have
they
indicated
to
you
all
how
they're
going
to
appear
in
Kentucky
courts?
Sure.
A
A
Oh
was
the
RFP
drafted
with
the
intent
that
most
potential
respondents
could
not
qualify
or
was
it
drafted
in
relation
to
trying
to
get
the
best
firm
possible.
D
F
I
do
thank
you.
Mr
chair
things
always
get
my
attention
when
we
spend
this
much
money,
particularly
outside
of
Kentucky.
This
is
my
seventh
year
on
this
committee
and
I.
Don't
think
I've
ever
seen
a
contract
of
this
size
before
for
contingency,
take
for
Legal
Services
matter
of
fact
during
the
previous
administration.
It's
very
rare.
F
We
got
any
requests
for
contracts
at
all,
but
it
seems
so
during
this
Administration
that
we
just
had
a
multitude
of
requests
for
contracts
for
legal
services
and
I,
guess
I'm
curious
as
to
what
the
responsibilities
of
the
governor's
general
counsel
is
with
regard
to
these,
how
do
they
involve
themselves.
F
Well,
maybe
more
basically,
then
how
many
attorneys
are,
in
the
governor's
general
counsel,
a.
F
D
Sir,
who
is
that
firm?
That
is,
if
you
forgive
me.
F
C
Registered
vendors
through
our
finance
cabinet
get
the
notifications,
depending
on
what
type
of
contract
is
posted.
Finding.
C
C
C
The
team
that
Mr
Newberg
was
on
and
two
others,
the.
F
D
That
was
myself
and
attorneys:
Liz
natter
Jared
Bentley,
Chris,
Fitzpatrick
and
Leanne
Applegate,
who.
F
Are
the
other
two
firms
that
submitted
proposals.
F
F
F
Why
couldn't
we've
done
this?
Just
for
this
particular
case
and
open
it
up
a
little
bit
broader
for
other
firms
should
consider
I
understand
the
urgency
10
days
you
got
to
reply,
but
you
know
why
couldn't
we
just
had
an
RFP
for
this
particular
litigation
and
then
open
it
up
for
future
litigation
again,
I'm,
not
even
sure
why
we
have
to
do
a
20
million
dollar
contingency
contract,
because
you
don't
know,
what's
what's
coming
up
there
unless
you've
got
a
list
of
flunk
suits
that
are
pending?
Do
we.
F
F
E
F
Yeah
but
I
would
think
each
firm
would
have
their
own
level
of
expertise
in
certain
areas
and
again,
20
million
dollars
is
rather
carte
blanche
is
just
here.
Are
you?
Are
they
going
to
be
dealing
with
all
the
lawsuits
that
come
through
the
governor's
office?
D
D
D
F
It's
more
specific
to
co-chair
heart's
question
earlier:
did
any
of
the
the
principles
or
Partners
or
attorneys,
with
this
firm
make
any
political
donations
to
the
governor's
re-election
campaign.
I.
D
C
F
For
the
for
the
contract
was
awarded,
did
anyone
within
the
governor's
office
have
a
relationship
with
this
firm?
Did
anybody
know
them
had
they
worked
with
them
previously.
D
F
The
problem
with
45a
is
so
when
you
score
these
contracts,
it's
not
the
cheapest
contract,
it's
always
the
best
contract
and
that's
subject
to
interpretation
and
that's
my
concern
again.
I
know
they're
very
capable
law
firms
within
the
city
of
Kentucky
that
could
handle
litigation,
as
evidenced
by
this
company.
This
firm
going
to
kind
of
subcontract
with
this
firm
in
Northern
Kentucky,
so
so
again
to
make
it
to
20
million
dollar.
Decisions
on
within
that
10-day
time
frame
just
seems
a
little
Cavalier
for
one
of
a
better
term.
F
Do
that,
sir?
Well
again,
you
know
with
every
cabinet
that
we
have
within
state
government
they're
all
going
to
have
their
own
unique
issues.
I
would
think
this
one's
specific
to
environmental,
energy
and
environmental
I
can
understand
where
we
may
give
a
contract
to
affirm
who
has
a
special
that
area,
but
that
doesn't
mean
that
they
have
the
same
specialty
in
the
Cabinet
for
Health
and
Family,
Services
or
transportation.
F
So
again,
it
just
concerns
me
that
we're
we're
potentially
investing
this
much
money
for
a
firm
that,
to
my
knowledge,
first
time,
they've
ever
contracted
the
state
in
Kentucky.
F
A
Okay,
thank
you.
I,
have
one
final
question:
has
the
Attorney
General
notified
the
administration
of
conflicts
that
would
preclude
them
from
representing
the
interest
of
the
Commonwealth
in
these
matters?.
A
F
Chair
I'll
make
that
motion
and
again
toward
a
20
million
dollar
contract
to
a
firm
outside
the
state,
with
just
10-day
notice
supposed
to
really
take
a
look
at
this.
It's
kind
of
disturbing
to
me.
It
may
be
very
well
warranted,
but
it
looks
like
an
opportunity
to
establish
a
a
broader
relationship
with
other
law
firms
throughout
the
state.
If
this
pie
could
be
divided
up
to
some
degree,
taking
advantage
of
the
expertise
that
each
firm
might
have
put
to
that
end,
I'll
make
a
motion
disapprove.
A
A
A
But
no
navotes
won
a
pass
vote
motion
carries
and
this
contract
will
be
referred
to
the
finance
cabinet.
Thank
you
all
so
much
for
your
testimony.
Thank.
A
Next
order
of
business
is
consideration
of
the
agenda,
including
the
Deferred
List
personal
service
contract
lists,
PSC,
Amendment
list
memorandum
of
agreement
list,
memorandum
of
agreement,
Amendment
list
and
the
Kentucky
entertainment
incentive
program
agreement
list,
except
for
those
items
selected
for
further
review.
Do
we
have
a
motion
to
consider
the
contracts
reviewed
without
objection.
A
A
Motion
carries
the
first
item
on
the
pool
list
is
with
the
attorney
general
and
his
item
number
two
on
the
routine
PSC
green
list
that
the
representatives
are
here.
Please
identify
yourself
for
the
record
foreign.
A
F
Yes
co-chair
and
you
folks
had
the
advantage
of
sitting
back
there
and
hearing
the
questions
we're
here
for
the
previous
contract,
which
kind
of
early
similar
to
this
20
million
dollars.
It's
contingency,
it's
performance
outside
the
state,
which
is
always
a
concern
to
me.
I
guess
we'll
go
through
the
same
gyrations
we
did
with
the
previous
group
is.
E
E
E
F
Would
you
know
why
and
I
know
that
you
know
this
one
I
appreciate
the
explanation
we
have
here
is
very
much
much
more
specific
to
the
situation
and
what
we
talked
about
previously,
but
this
firm
that
was
awarded
contract
I
assume,
has
some
experience
in
this
particular
field.
E
Senator
Meredith
I
believe
that
the
responding
firm
here
listing
indeeds
is
is
really
the
preeminent
firm
in
the
country
on
this
particular
subject
matter.
I
was
not
on
the
scoring
committee.
None
of
us
were
on
the
scoring
committee,
but
I've
seen
their
their
work,
and
my
understanding
is
that
the
listening,
D's
response
was
Far
and
Away.
The
the
best
response
of
the
three.
F
E
Countertopian,
the
the
20
million
dollar
is
the
maximum
amount
that
a
contingency
fee
contract
is
allowed
to
pay
under
45a
to
get
to
20
million
dollars.
I
believe
the
firm
would
need
to
recover
about
350
million
dollars
on
behalf
of
the
Commonwealth
and
the
way
that
works
is
the
the
fee
is
20
of
the
first
10
million
recovered.
E
Fifteen
percent
of
the
next
5
million
recovered
10
of
the
next
five
million,
so
10
of
the
amount
between
15
and
20
million
dollars,
and
then
five
percent
of
any
excess
over
20
million
dollars.
So
to
get
to
20
a
million
in
fees.
I
believe
the
number
is
in
the
range
of
350
355
million,
the
contingency
fee,
for
instance,
if
they
recovered
50
million.
E
I
think
they
would
end
up
getting
somewhere
in
the
range
of
5
million,
which
would
be
10.
If
they
recovered
a
hundred
million
dollars,
then
they
would
get
five
percent
of
that
additional
50
million.
F
Although
forwarding
your
maker
reference,
2
and
45
a
I
believe
that
was
a
direct
result
of
litigation,
excuse
me:
legislation
we
passed
in
2019
I,
believe
that
was
a
result
of
the
Purdue
Pharma
settlement
that
we.
F
Just
for
historical
perspective,
that
was
a
lawsuit
that
went
off
for
many
many
years
handled
previous
attorney,
general
I
think
Istanbul
started
the
the
legiation
in
City
Kentucky
Commonwealth
of
Kentucky
got
a
default
judgment
for
failure
to
answer
and
interrogatories,
and
that
default
judgment
thought
there
was
going
to
be
a
settlement
close
to
a
a
billion
dollars
and
we
actually
ended
up
settling
for
I
believe
it
was
26
million
dollars,
20
24
million
24
million,
so
kind
of
pales
in
comparison
to
what
we've
seen
of
late.
But.
E
Happened
before
I
came
to
the
Attorney
General's
office,
but
I
have
looked
at
some
of
the
materials
relating
to
that
and
I
know
that
that
settlement
was
reached
in
in
late
December
of
2015
I
believe
was
December
22nd.
It
was
a
week
or
so
after
there
was
scheduled
to
be
a
corporate
representative
deposition
on
behalf
of
the
Commonwealth
I
I
have
no
information
about
what
drove
that
settlement
or
why
that
number
was
arrived
at,
but
I
I
do
understand
the
circumstances
there.
F
E
Have
a
copy
of
the
settlement
agreement
in
my
office
and
it
doesn't
provide
any
information
about
the
the.