Molina's letter shows DHHR's purchasing director Bryan Rosen sent the company bid documents that contained trade secrets during the first round of bidding in May 2011. The disclosure appears inadvertent, but Rosen is in the middle of at least one other major purchasing controversy involving a marketing contract that DHHR awarded last summer to the highest bidder.
Xerox alleged Molina used the information Rosen sent. Xerox alleged Molina used the information to beef up Molina's own bids in the second and third rounds of bidding.
Molina said its staff immediately reported that they had received trade secrets and did not comb through the material or use it against Xerox.
"Of the two Molina employees who reviewed any portion of the materials that might conceivably have given Molina competitive advantage as alleged by the (Xerox) protest, one saw a single executive summary for mere seconds and the other briefly reviewed certain materials but made no copies, took no notes and did not participate in the preparation of Molina's subsequent bid," Molina said.
Third, Xerox alleges Molina had special access to DHHR officials who awarded the recent contract.
Molina said that is simply a side effect of being the incumbent contact holder. Molina said Xerox's allegations amount to nothing more than "vague supposition and broad innuendo."
Not only is the fight between two high profile companies, it also includes well-connected players on both sides.
Xerox, of course, has Goodwin, who briefly served in the U.S. Senate in 2010. The company's legal team also includes a lawyer who used to work for the state and handle purchasing matters.
Molina's legal team includes Taunja Willis-Miller, who was the treasurer for Gov. Earl Ray Tomblin's 2011 and 2012 campaigns. She also is former DHHR secretary.
Molina was also a "gold sponsor" of Tomblin's inauguration ceremony on Monday.