Advanced Government Solutions (AGS), Inc. Contracts (OIA)

Jason Smathers filed this request with the Department of Homeland Security, Office of Intelligence & Analysis of the United States of America.
Tracking #


Est. Completion None
Awaiting Appeal


From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All contracts, MOU, and MOA between Advanced Government Solutions (AGS), Inc. and the DHS OIA.

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, 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 20 business days, as the statute requires.


Jason Smathers

From: I&A FOIA Officer

Good afternoon Mr. Smathers,

Please find attached the final response to one a FOIA requests to DHS I&A.


I&A FOIA Officer
Department of Homeland Security
Office of Intelligence and Analysis
UNCLAS Phone: (202) 447-4883

From: Jason Smathers

Associate General Counsel (General Law)
U.S. Department of Homeland Security
Washington, DC 20528

November 14, 2013

This is a Freedom of Information Act appeal for 14-IAFO-0023. A copy of this appeal has also been sent by postal mail. Please confirm receipt of both.

I appeal all uses of the (b)(4) exemption in the release of the contract between Advanced Government Solutions (AGS), Inc. and the DHS OIA.

Information in agency records, such as a contract, describing government action is not information "obtained from a person" within the meaning of Exemption 4. The prices that have been agreed to in a contract are terms comparable in importance with those that specify the goods and services to be furnished and the "government action" aspect of an awarded contract is itself a significant "prodisclosure" factor. See FOIA subsection (a)(2) and Sears v. N.L.R.B., 421 U.S. 132 (1975).

The information that appears to be redacted would not merit a (b)(4) redaction because no harm would come from its release.

For these reasons and all others deemed appropriate by the appeals authority, I hereby appeal.


Jason Smathers

From: Privacy

Thank you for contacting the DHS Privacy Office. We greatly appreciate your interest. We will get back to you as soon as possible.

DHS Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW, Mail Stop 0655
Washington, DC 20528-0655
Telephone: (202) 343-1717
Fax: (202) 343-4010
Office Website:<>