Cell-site simulator agreement and procurement information (Charlotte-Mecklenburg Police Department)

To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

Please provide the following materials related to this agency’s use of cell-site simulators (sometimes also referred to as a Stingray or IMSI catcher) or similar technologies provided by companies, including but not limited to, Octasic/Nyxcell, Digital Receiver Technologies, and Tactical Support Equipment.

AGREEMENTS AND CONTRACTS
All agreements (in addition to any associated exhibits and amendments) related to this agency’s use of cell-site simulator technology, including but not limited to all:
• contracts (related to purchase, use, sharing of equipment, sharing of data, and any other action related to the use of this technology)
• memorandums of understanding
• intergovernmental services agreements
• nondisclosure agreements, or
• any other agreements.

POLICIES AND PROCEDURES
Any policies regarding this agency’s use of cell-site simulators. Responsive materials include all policies and procedures related to:
• the acquisition of the technology, including guidance regarding procurement through the bidding process, third parties, or any other method
• the use of the technology, including data collection, retention, and disposal
• training on and coordination of the technology
• any application, affidavit, or similar records created in the course of use of this technology
• the sharing of the equipment itself
• the sharing of any information gathered by the technology, either with other police departments, the district attorney, or any other entity, inside or outside of the local criminal justice system

PROCUREMENT
All materials regarding this agency’s acquisition of cell-site simulator equipment. Responsive materials include all:
• bidding and procurement materials, including the initial Request for Bids, Request for Proposals, or equivalent bidding records
• invoices and receipts related to payments for the equipment
• records related to any complimentary use of the equipment

According to previous news reports, your agency has used cell-site simulator equipment. This request is for all responsive materials relevant to the use of cell-site simulator equipment since January 1, 2018.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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.

Sincerely,

Melanie Mendez