Documents, PIN # 61540003
| Submitted | July 12, 2023 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All releasable documents concerning the Request for Proposals with PIN # 61540003 (advertised in the City Record as a procurement for a "NYC Ferry service operator")
This may include the following:
• The RFP itself, including any revisions;
• Materials prepared for the evaluation of proposals;
• Materials provided at the information sessions and site visits for prospective proposers;
• List of event attendees and plan-holders;
• Proposals, including any mandatory disclosures;
• Any exchange of questions and answers that is part of the RFP process.
Should procurement rules or state law require the agency to deny this request in part, the agency should release the remaining portions in a manner consistent with the New York Freedom of Information Law.
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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 12, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Economic Development Corporation
Please see attached letter.
From: New York City Economic Development Corporation
Please see attached letter.
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final production mcelwee 7-26-23
From: T. McElwee
Dear Appeals Officer:
I hereby APPEAL the Records Access Officer's failure to produce a subset of the requested records as part of its 7/26/2023 response to my FOIL sent 7/12/2023 ("Documents, PIN # 61540003"). A specific subset of records requesrted, the "List of event attendees and plan-holders" was not provided as part of the production.
Appeal should be granted, because Freedom of Information Law is "generally liberally construed and its exemptions narrowly interpreted so that the public is granted maximum access to the records of government."
In this instance, the agency's presumed grounds for not providing the attendees and plan-holder records –FOIL exemptions for records containing trade secrets and those whose release may impair competition– simply do not apply. Lists of event attendees and plan-holders are records of the agency, not the vendor. There is also no impairment to any vendor's competitive position in disclosing the mere fact that they are competing. While proposal documents themselves may be exempt during the process, documents showing a company's mere interest are not.
My prayer for relief is for the remand of the request with instruction to provide the requested attendees and RFP plan-holders lists.
-T. McElwee
From:
Dear T. McElwee
Attached please find my response to your FOIL Appeal, together with copies of responsive documents.
Thank you,
Judy Fensterman
FOIL Appeals Officer
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