|Proposals submitted for "Strategic Plan for Incarcerated Women in Massachusetts," Project DOC 2104
|Feb. 14, 2021
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All proposals submitted for consideration in response to the RFP for the "Strategic Plan for Incarcerated Women in Massachusetts," project DOC2104 as advertised in COMMBUYS
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
We received your request for public records. If any or all of the requested documents are exempt pursuant to the public records law, you will be notified by this office. We are currently researching your request. We will contact you if your request will take longer than ten (10) days to be fulfilled
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Very truly yours,
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Feb. 14, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
Response to: Public Records No. 21-40
Dear Mr. Weimer:
The Division of Capital Asset Management and Maintenance ("DCAMM") received your public records request dated February 16, 2021.
"proposals submitted for consideration in response to the RFP for the "Strategic Plan for Incarcerated Women in Massachusetts," project DOC2104 as advertised in COMMBUYS"
We are withholding proposals pursuant the Deliberative Process Exemption set out at G.L. c. 4, § 7(26)(d) ("Exemption (d)"). Assessment of the subject proposals, which relate to policy positions being developed by the agency, is ongoing and therefore exempt from mandatory disclosure at this time. Premature disclosure of the requested records could taint the ongoing deliberative process, placing the Commonwealth at a disadvantage, the avoidance of which is the underlying purpose of the exemption.
If you wish to challenge any aspect of DCAMM's response, in accordance with G.L. c. 66, § 10 and 950 CMR 32.00, you may appeal to the following office: Supervisor of Public Records, Office of the Secretary of the Commonwealth, Public Records Division, One Ashburton Place, 17th Floor, Boston, MA 02108, and in accordance with G.L. c. 66, § 10A(c), you have the right to seek judicial review of an unfavorable decision by commencing a civil action in the Superior Court.
PUBLIC RECORDS UNIT
Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Dear Public Records Division,
I am writing to appeal this denial from DCAMM relating to proposals submitted in response to the RFP for the "Strategic Plan for Incarcerated Women in Massachusetts," project DOC2104 as advertised in COMMBUYS." My communication with DCAMM is available at this link (https://www.muckrock.com/foi/boston-3/proposals-submitted-for-strategic-plan-for-incarcerated-women-in-massachusetts-project-doc-2104-division-of-capital-asset-management-and-maintenance-108105).
DCAMM is withholding the records based on exception D. I don't believe that these records or all these records qualify as drafts relating to policy positions. Since these proposals from external entities submitted as part of a public bidding and procurement process, they seem to fall outside of the exempted records of "ongoing deliberative process that are contained within inter-agency or intra-agency memoranda or letters" (A Guide to the Massachusetts Public Records Law, 20).