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Emergency Management Agency PPE bids and procedures (Delaware Emergency Management Agency)

Beryl Lipton filed this request with the Delaware Emergency Management Agency of Delaware.
Multi Request Emergency Management Agency PPE bids and procedures
Submitted April 7, 2020
Status
Rejected
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Communications

From: Beryl Lipton

Subject: Delaware Freedom of Information Act Request: Emergency Management Agency PPE bids and procedures (Delaware Emergency Management Agency)

Fax


To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

• The current procedure for procuring personal protective equipment (PPE) on behalf of agencies and entities within the jurisdiction of this office. If this office manages PPE requests for county, local, or private entities, please also provide any guiding material for soliciting, receiving, organizing, and fulfilling those requests.

• Any bids placed by this agency for the acquisition of PPE for this office or on behalf of any entity within the jurisdiction of this agency.

• Any available spreadsheet or aggregate information related to bids for PPE. Please provide all available segregable data, including but not limited to the source, the quantity, and the success of the bid.

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 15 business days, as the statute requires.

Sincerely,

Beryl Lipton

From:

Subject: FOIA Request

Email

DEMA has reviewed your request for the following:

* The current procedure for procuring personal protective equipment (PPE) on behalf of agencies and entities within the jurisdiction of this office. If this office manages PPE requests for county, local, or private entities, please also provide any guiding material for soliciting, receiving, organizing, and fulfilling those requests.
* Any bids placed by this agency for the acquisition of PPE for this office or on behalf of any entity within the jurisdiction of this agency.
* Any available spreadsheet or aggregate information related to bids for PPE. Please provide all available segregable data, including but not limited to the source, the quantity, and the success of the bid.

Consistent with McBurney v. Young, the Delaware Department of Justice interprets Delaware's FOIA statute to apply to Delaware citizens only, thereby permitting a public body to deny a FOIA request solely because it is submitted by a non-citizen of Delaware. See 569 U.S. 221 (2013) (determining that Virginia's citizens-only FOIA statute does not violate the Privileges and Immunities Clause or the dormant Commerce Clause of the U.S. Constitution); Del. Op. Att'y Gen. 18-IB54, 2018 WL 6591819, at *2 (Dec. 5, 2018); Del. Op. Att'y Gen. 18-IB50, 2018 WL 6015765, at *2 (Oct. 12, 2018); Del. Op. Att'y Gen. 18-IB18, 2018 WL 2267112, at *1 (Apr. 6, 2018); Del. Op. Att'y Gen. 17-IB14, 2017 WL 3426252, at *1 (July 6, 2017); Del. Op. Att'y Gen. 16-IB20, 2016 WL 5888776, at *2-6 (Sept. 30, 2016). Therefore, your request is denied and DEMA considers this FOIA request closed

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