|Multi Request||Procurement software and processes|
|Submitted||June 11, 2020|
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To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
1. All documents signed with procurement software or software to create and publish RFI, RFQ, RFP this agency uses or used in the past five years.
Additionally, if possible, please answer the following four questions:
a. What is the name of the procurement software you use (or the name of the software you use to create and publish RFI, RFQ, RFP)?
b. What is the annual cost for this software?
c. When did the most recent contract with the software provider begin?
d. Do you use your ERP system to manage the process of RFI, RFQ, RFP?
If there are any fees required to fulfill this request, please let me know in advance of fulfilling my request.
New Castle County ("County") received your recent Freedom of Information Act request. Unfortunately, the County will not be providing the documents you requested.
While the Delaware Freedom of Information Act ("FOIA"), 29 Del. C. §§ 10001-10006, requires disclosure of a broad range of documents, FOIA is not without limitations. FOIA provides: "It is vital in a democracy society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy...." 29 Del. C. § 10001 (emphasis added). Delaware's FOIA statute "appl[ies] 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." Del. Op. Att'y Gen. 19-IB66, 2019 WL 6839917, at *1 (Nov. 26, 2019) (citing McBurney v. Young, 569 U.S. 221 (2013); 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 *1 (Sept. 30, 2016)). Because your address indicates you are not a citizen of the State of Delaware, you are not entitled to inspect and copy New Castle County public records under FOIA. Moreover, FOIA does not require public bodies to answer questions.
Karen V. Sullivan
New Castle County