Digital Health Pass program records

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All releasable records pertaining to the Digital Health Pass project that has resulted in the mobile device applications and website developed by International Business Machines Corporation (IBM).

Upon information and belief, this is encapsulated in the contract assigned # T000685 between OITS and IBM. Also upon information and belief, this is the contract for what is branded on NYS websites as "NYS Excelsior Pass Wallet" and "NYS Excelsior Scanner" applications for the Android and iOS operating systems and their respective software outlets (Google Play and App Store) as well as the epass.ny.gov website.

I specifically request the following:

* All solicitations for the Digital Health Pass project, whatever method used (bid, RFEI, RFP, etc.)
* All records of responses to the solicitation, including records of Q&A sessions with all vendors (including rejected vendors as well as IBM)
* The executed contract, including all addenda, with International Business Machines Corporation and any associated subcontractors
* All records concerning license agreements for software associated with Digital Health Pass, whatever they may be (proprietary, permissive), including licenses for software integrated into the applications and epass.ny.gov website
* Any warranty or performance bond the vendor has provided
* Any agreements to provide further services, such as troubleshooting
* Any records of certification of the compliance of all IBM and subcontractors' with ITS Security Policies or other policies of the State of New York
* Any records evaluating IBM and subcontractors' performance including its development milestones and any metrics used by OITS in evaluating product
* Any records of change orders or changes in contract
* Any record of disputes with the vendor and subcontractors
* Any electronic assets (such as electronic art or copy text) provided by ITS or other representatives of the Government of New York State to the vendor, in original formats and in all versions.
* Any communications with the Apple App Store and Google Play regarding the approval of the Excelsior Pass Wallet and Excelsior Scanner applications

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 5 business days, as the statute requires.

Sincerely,

T. McElwee

To whom it may concern,

My thanks for the Office's prompt reply sent April 5. I am in receipt of its acknowledgment of my FOIL request, assigned #2021-0159

The acknowledgment letter sets a date of "approximately 70 business days," from the date of acknowlegment for retrieval and evaluation.

By my calculation, factoring in weekends and federal holidays, this date is July 14, 2021. I would appreciate this date being stated by this office, in case there are non-business days that I am not counting.

Many thanks,
-T. McElwee