Disparity Data study by the Mayor's Office of Contract Services

Adam Wisnieski filed this request with the Mayor's Office of Contract Services of New York City, NY.
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From: Adam Wisnieski

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

The Mayor's Office of Contract Services' report on the availability and utilization of Minority- and Women-owned Business Enterprises in fiscal years 2009-2010.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. 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.

In the event that fees cannot be waived, 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,

Adam Wisnieski

From: Sugarman, David

Dear Mr. Wisnieski:

This letter is in response to your October 24, 2013 request under the New York State Freedom of Information Law ("FOIL") for: "The Mayor's Office of Contract Services' report on the availability and utilization of Minority- and Women-Owned Business Enterprises in fiscal years 2009-2010" (see attached).

After a search of our records, we have found the following documents that are responsive to your request:

* Appendix K of the Fiscal Year 2009 Agency Procurement Indicators Report, which can be found on pages 133-165 at the following link: http://www.nyc.gov/html/mocs/downloads/pdf/procurement_indicators_2009.pdf.

* Appendix K of the Fiscal Year 2010 Agency Procurement Indicators Report, which can be found on pages 139-170 at the following link: http://www.nyc.gov/html/mocs/downloads/pdf/procurement_indicators_2010.pdf.

Should you wish to appeal this decision, you have thirty days to do so. Appeals should be made, in writing, to the FOIL Appeals Officer, Mayor's Office of Contract Services, 253 Broadway, 2nd Floor, New York, New York 10007. If you have questions about this information, you may contact me directly at (212) 442-6362.

From: Adam Wisnieski

Though helpful, those reports are not the single report I am seeking. The Mayor's Office of Contract Services studied the availability and utilization of Minority- and Women-owned Business Enterprises during fiscal years 2009 and 2010 and created a single report that was used as the basis for new MWBE goals in Local Law 1 of 2013 (an amended version of Local Law 129 of 2005.) A shortened, 10-page analysis of the report (titled "Disparity Data Analysis: Availability & Utilization of Minority- and Women-owned Business Enterprises.") was submitted as testimony at a City Council hearing on October 4, 2012. It can be found on page 36 in this hearing testimony PDF: http://legistar.council.nyc.gov/View.ashx?M=F&ID=2151519&GUID=6A503683-9BDA-4A8B-B94A-3D974CC2DDE2
I am seeking the full disparity report, my apologies if I was vague.

From: Sugarman, David

Dear Mr. Wisnieski:

The information that you requested in the e-mail you sent at 4:25 p.m. yesterday (October 24, 2013) is not the same as the information you requested in the fax you sent to this office earlier in the day yesterday.

The Disparity Data Analysis report that you referenced in your e-mail (see attached) is the full version of this report; it is not a "shortened" version, as you state in your e-mail. There is no other version of this report.

Should you wish to appeal this decision, you have thirty days to do so. Appeals should be made, in writing, to the FOIL Appeals Officer, Mayor's Office of Contract Services, 253 Broadway, 2nd Floor, New York, New York 10007. If you have questions about this information, you may contact me directly at (212) 442-6362.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 24, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Sugarman, David

Dear Mr. Wisnieski:

We provided a final response to the FOIL request described below on October 25, 2013. There is nothing to follow up on. Please re-read the e-mail you were sent on that date. It stated, in pertinent part, "The Disparity Data Analysis report that you referenced in your e-mail ... is the full version of this report; it is not a "shortened" version, as you state in your e-mail. There is no other version of this report." In other words, you already have a copy of the report that you are asking for, and another copy was provided to you already.

Please let me know if you have any questions.

Sincerely:

David Sugarman, Esq.
Assistant General Counsel
Records Access Officer
Mayor's Office of Contract Services
253 Broadway, 2nd Floor
New York, NY  10007
Phone: (212) 442-6362
Fax: (212) 788-0049
dsugarman@cityhall.nyc.gov

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