AN/FPQ-16 PARCS

Allan Lasser filed this request with the North American Aerospace Defense Command--Peterson Air Force Base, Colorado of the United States of America.
Tracking # 2016-02331-F
Est. Completion None
Status
Withdrawn

Communications

From: Allan Lasser

To Whom It May Concern:

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

All records, including but not limited to maintenance contracts and logs, for the computers responsible for the operation of the AN/FPQ-16 PARCS system.

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 20 business days, as the statute requires.

Sincerely,

Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Dear Mr Lasser,

This is in response to your FOIA request “All records, including but not limited to maintenance contracts and logs, for the computers responsible for the operation of the AN/FPQ-16 PARCS system”. The FOIA provides for the collection of fees based on the costs of processing a FOIA request and your fee category. Based on the information in your request, we have determined your fee category is COMMERCIAL. As a result, you are required to pay all document search, review and duplication costs over $15.00.

In order to continue processing this request we do need a stated upper dollar threshold amount that

you will accept for billing purposes, i.e. "I'm willing to pay for all processing cost up to XX dollars." and your acceptance

of "clearly releasable documents" as specific to Privacy and Personally Identifiable Information that protects the identity

of other individuals named in the requested documents. If you do not provide an initial assessment we will not be able

to continue processing this request.

Please direct your questions to the Peterson AFB FOIA Office (21 CS/SCOKF) via email

(21sw.foia.pa@us.af.mil <mailto:21sw.foia.pa@us.af.mil> ).

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Good Morning Mr. Lasser,

I’m contacting you to follow-up as I have not receive any communications from you. In an effort to ensure proper documentation, communications in reference to your FOIA request, I need to confirm that you still want to proceed with the request.

Also, please provide a phone contact information as it is missing.

Please note, this request is not processed until all information is confirm and acknowledgement is received from you. Once all clarification and confirmation is complete, the request will be processed and the 20 business days, will then start. If we do not receive any communication by the close of business on 24 March 2016 we will administratively consider this request as close for which will require you to file a new request in FOIAXpress.

Thank you.

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

DSN: 834-7513 or 2197

From: Allan Lasser

Ms. Hagood,

Thank you for help processing this request. I'm requesting you properly classify me as a media requester for purposes of fees.

Please see below.

The requested documents will be synthesized into a distinct journalistic work that will be disseminated to the public. My basis for this claim is not only that the requested documents will be posted in full online for the general public on MuckRock (although such posting is relevant as it relates to widespread dissemination in the public interest).

In keeping with the 2007 FOIA amendments and procedures for determining fee status as a journalist, here is a sampling of recent work as proof of publication history:

* https://www.muckrock.com/news/archives/2016/feb/24/hunt-governments-oldest-computer/
* https://www.muckrock.com/news/archives/2015/dec/16/tour-de-force-minuteman-ranger-guide/

The above is more than sufficient basis for amending my fee categorization from commercial to representative of the newsmedia. In light of the above, please let me know whether you will amend my fee categorization without the need for a formal appeal.

Respectfully,

Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Good Afternoon Mr. Lasser,

This is in response to your "I'm requesting you properly classify me as a media requester for purposes of fees." This is to acknowledge that your fee request be under "media" category. However, we still do need a stated upper dollar threshold amount that you will accept for billing purposes, i.e. "I'm willing to pay for all processing cost up to XX dollars." from you and your acceptance of "clearly releasable documents" as specific to Privacy and Personally Identifiable Information that protects the identity of other individuals named in the requested documents.

In order to continue and perfect this request and start processing, the following information is needing from you:

- Your phone contact information is missing in the request

- Confirmation of willingness to pay the fee/threshold amount and the acceptance of clearly releasable documents as stated above.

Please note, the determination is based on the preliminary assessment and is not reflective on the estimated cost of processing and redaction of the requested information (if available). Per Per DOD5400.7‐R_AFMAN33‐302 paragraph C6.1.4.2. “When assessable costs for a FOIA request total $15.00 or less, fees shall be waived automatically for all requesters, regardless of category.” This statement mandates that the cost of processing, if below $15, to waive all processing and redaction fees (if applicable).

The ultimate determination of fees will be assessed at the end of the processing your request, if records applicable to

request are found.

Once all information is received from you and the required information is perfected, the 20 business days process will then start with this request.

If you do not provide confirmation/acknowledgement closed of business 29 MAR 16, we will not be able to continue processing this request and we will administratively consider this request as close or withdrawn for which will require you to file a new request in FOIAXpress.

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

From: Allan Lasser

Ms. Hagood,

Thank you for your quick reply and your confirmation of my media status. To answer your remaining questions:

1. I'm willing to pay for all processing cost up to $250 dollars.
2. I accept clearly releasable documents.
3. I can be reached by telephone at 617.299.1832

Thank you again for your help in fulfilling this request. Please let me know if you have any other questions.

Sincerely,
Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Good Afternoon Mr. Lasser,

This notification is to acknowledge receipt of your FOIA request “All records, including but not limited to maintenance contracts and logs, for the computers responsible for the operation of the AN/FPQ-16 PARCS system” and has been perfected 25 Mar 2016 with a FOIA#2016-02331-F and has been sent to the owning agencies.

Please direct your questions to the Peterson AFB FOIA Office (21 CS/SCOKF) via email (21sw.foia.pa@us.af.mil) and

reference case number 2016‐02331‐F in the title of the inquiry.

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Good Afternoon Mr. Lasser,

I'm contacting you to get more clarification as your request didn't indicate
what specific range, logs or time frame your FOIA request be? Please provide
specific time frame for the records being sought.

At this time we will place your request on hold until we receive your reply
or until close of business 1 Apr 2016. If

we have not received a response from you the request will be
administratively close and you will need to file a new request.

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

From: Allan Lasser

Ms. Hagood,

My research shows the PARCS is maintained by BAE Systems. I am requesting maintenance or service logs and reports provided by BAE, as well as the 2003 contract. I am looking for records from 2003, when this contract was awarded, and 2012, when it was extended.

Thank you,
Allan

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144-2516

Good Morning Mr. Lasser,

This office is contacting you as second attempt regarding the needed
clarification of "specific range, logs or time frame" of your request.

Again, at this time, your request is placed in a "on hold' status until we
receive your reply or until close of business 6 Apr 2016. If

we have not received a response from you the request will be
administratively close and you will need to file a new request.

v/r

Marlene P. Hagood, CIV, DAF

21 SW FOIA/PA Program Manager

From: Allan Lasser

Ms. Hasgood,

On March 31, I sent the following message to your office:

"My research shows the PARCS is maintained by BAE Systems. I am requesting maintenance or service logs and reports provided by BAE, as well as the 2003 contract. I am looking for records from 2003, when this contract was awarded, and 2012, when it was extended."

Maybe this message got lost in the mail? I hope this response provides enough refinement to the request.

Thank you,
Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager
21 CS/SCXK
175 East Stewart Ave
Peterson AFB CO 80914

MuckRock
DEPT MR 24591
411A Highland Ave
Somerville, MA 02144‐2516

Good Morning Mr. Lasser,

Our Office is contacting you regarding you FIOA submission requesting "My
research shows the PARCS is maintained by BAE Systems. I am requesting
maintenance or service logs and reports provided by BAE, as well as the 2003
contract. I am looking for records from 2003, when this contract was
awarded, and 2012, when it was extended"

The responsive office to this request has stated that the processing costs
for this request exceeded your stated fee acceptance of $250.00 and to
continue processing this request we do require an updated fee statement to
account for the increase in this processing. At this time, the initial
estimate associated cost to process your request is expected to
approximately $3,214.00. This
estimate is based on search, review/redaction of the requested records and
please note the expected legal review cost is not included in this estimate
yet.

*It is the suggestion of this office that your fee acceptance statement
accounts for potential variations in the estimate of the legal review.

Additionally, the responsive office also stated they will not have or
maintain records for "maintenance or logs pertaining to the PARCS". The
maintenance or service logs will need to be sought out to other agency. It
was also suggested to get more clarification as they are unsure regarding
the records "“and 2012, when it was extended" being requested/sought.

The responsive office also stated that these types of records and the
associated modifications maybe found on sites such as "FedBizOps,
usaspending.gov, or FPDS".

At this time we have placed your request "on-hold" status pending reply with
your statement of fee threshold. In order to continue processing your
request, your confirmation and acknowledgement
regarding willingness to pay assessable costs appropriate for the category
determined by the fees associate and with the request is needed.

Please respond no later than 11 Apr 16. If we do not receive a reply within
the time allotted, we will administratively close your case.

v/r
Marlene P. Hagood, CIV, DAF
21 SW FOIA Program Manager

From: 21 SW/FOIA-PA

FOIA Program Manager
21 CS/SCXK
175 East Stewart Ave
Peterson AFB CO 80914

MuckRock
DEPT MR 24591
411A Highland Ave
Somerville, MA 02144‐2516

Good Morning Mr. Lasser,

This office is contacting you as second attempt as we haven’t heard back
from you regarding the needed clarification/fee acceptance "The responsive
office to this request has stated that the processing costs
for this request exceeded your stated fee acceptance of $250.00 and to
continue processing this request we do require an updated fee statement to
account for the increase in this processing. At this time, the initial
estimate associated cost to process your request is expected to
approximately $3,214.00"

Again, this estimate is based on search, review/redaction of the requested
records and please note the expected legal review cost is not included in
this estimate
yet.

Please provide response close of business 13 Apr 16. If we do not receive a
reply, we will administratively close your case.

v/r
Marlene P. Hagood
21 SW FOIA/PA Program Manager
DSN: 834-7513

From: Allan Lasser

Ms. Hagood,

I would appreciate a breakdown of these fees, noting the expected costs of each step of fulfillment. I would also like to confirm my fee status as a media requester with you. I am still willing to pay up to $250.00 for the fulfillment of this request.

Best,
Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144‐2516

Dear Mr. Lasser,

This is in response to your “a breakdown of these fees, noting the expected costs of each step of fulfillment. I would also like to confirm my fee status as a media requester with you. I am still willing to pay up to $250.00 for the fulfillment of this request”, dated 13 Apr 2016.

The FOIA provides for the collection of fees based on the costs of processing a FOIA request and your fee category. In your case, as a requester in the fee category of (News Media), the initial assessed/estimated cost of $3,214.00 provided to you is for processing your request. This initial estimate was based on the need to search for, review/redaction and appropriately examine to provide voluminous amount of the requested records being sought. The estimated professional hours for each applicable activity/category to search, review, excising and other administrative coordination and fees were calculated in the following manner:

Search: Total of 16 hours at $44.00 hourly rate($704)

Review/excising: Total of 24 hours at $44.00 ($1,056)

Other/Coordination: Total of 16 hours at $44.00 ($704)

Note: The determination of a fee category for “news media” as in accordance with the DOD5400.7-R_AFMAN33-302, “as a result you will be provided the first one hundred (100) pages free of charge; you are required to pay any duplication costs over and above those amounts”.

Please note the expected legal review cost is not included in this estimate.

The responsive office also stated they do not have or maintain records for "maintenance or logs pertaining to PARCS". This documentation is retrained by another 21st Space Wing agency and at this time the agency has not provided a fee estimate based on that information requested under this portion of the FOIA case. More clarification is required as the primary records owner was unable to determine the requested/sought information based on the following statement, "and 2012, when it was extended".

Furthermore, the responsive office also stated or suggested that these types of records and the associated modifications maybe found on sites such as "FedBizOps, usaspending.gov, or FPDS" at no cost to you.

To continue processing this request, your confirmation and acknowledgement regarding willingness to pay assessable costs appropriate for the category determined by the fees associate with the request and the acceptance of “COMPLEX” category is needed.

At this time, your request still remains in an “on hold” status until a confirmation and acknowledgement is received from you closed of business 19 APR 2016, if we do not received response from you, we will administratively close your request for which you will be required to file a new request.

v/r

Marlene P. Hagood

21 SW FOIA/PA Program Manager

From: Allan Lasser

Ms. Hagood,

To help limit the scope of this request, I'd like to limit my search to just records produced in 2003. Could you provide me with an updated fee estimate?

Thank you,
Allan Lasser

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144‐2516

Dear Mr. Lasser,

This is in response to your amendment to your initial request “to help limit the scope of this request, I'd like to limit my search to just records produced in 2003 and could you provide me with an updated fee estimate’ received date 18 April 2016.

In order to continue processing your request, a clear specific description of your new amended request is needed, please provide a clear description or identify the desired record being sought to enable the Government to locate the record with a reasonable amount of effort so search can be conducted in a timely manner. (ie, what types of specific records or information related being sought, include addressing records requested from other 21st Space Wing) and we do need a stated upper dollar threshold amount that you will accept for billing purposes, i.e. "I'm willing to pay for all processing cost up to XX dollars.", your acceptance of "clearly releasable documents statement and provide specific description of the new amended request.

This office does not provide proposed estimate fee as the scale of the new amended information is not yet establish or met in regards to the proposed scale of records being requested. Again, cost determination is based on the preliminary assessment and is not reflective on the final cost of processing and redaction of the requested information (if available). Additionally, an additional assessment fees will incur with this request as different OPR/Organization will be working the request, if applicable. A total reassessment fees will be made by all parties involve and will be computed in the final response submitted from the all tasking OPRs.

Again, it was noted in the previous email correspondence that the responsive office also stated “they do not have or maintain records for "maintenance or logs pertaining to PARCS". This documentation is retrained by another 21st Space Wing agency and at this time the agency has not provided a fee estimate based on that information requested under this portion of the FOIA case”.

This office ensures an applicable standard of reasonableness to the request is not burdensome to the agencies that will work the request. In other words, if the capability exists to respond to the request, and the effort would be a business as usual approach, then the request should be processed. However, the request need not be processed where the capability to respond does not exist without a significant expenditure of resources, thus not being a normal business as usual approach. As used in this sense, a significant expenditure of resources in both time and manpower, that would cause a significant interference with the operation of the Components’ automated information system would not be a business as usual approach. The key factor is the ability of the agency staff to reasonably ascertain and locate which records are being requested.

Once all requested and the fee agreement is determine and when all above conditions/information is met , your current request may change from “ SIMPLE” to “COMPLEX” category and the 20 days completion threshold might not be accomplish or delayed to the final response are likely. An additional 10 days will be added to the original request.

Your confirmation and acknowledgement regarding willingness to pay assessable costs appropriate for the “MEDIA” category determined by the fees associate with the request and the acceptance of “COMPLEX” category is needed. If you do not provide confirmation/acknowledgement, we will not be able to continue processing this request NLT 20 APR 2016 we will not be able to continue processing this request.

v/r

Marlene P. Hagood

21 SW FOIA/PA Program Manager

From: 21 SW/FOIA-PA

FOIA Program Manager

21 CS/SCXK

175 East Stewart Ave

Peterson AFB CO 80914

MuckRock

DEPT MR 24591

411A Highland Ave

Somerville, MA 02144‐2516

Dear Mr. Lasser,

We are contacting you in regard to your Freedom of Information Act 2016-02331-F request “to help limit the scope of this request, I'd like to limit my search to just records produced in 2003 and could you provide me with an updated fee estimate” in regards to amending your original request for “maintenance or service logs and reports provided by BAE, as well as the 2003 Contract”.

Referencing our last communication on 18 Apr 2016 we stated “a clear specific description of your new amended request is needed, please provide a clear description or identify the desired record being sought to enable the Government to locate the record with a reasonable amount of effort so search can be conducted in a timely manner. (ie, what types of specific records or information related being sought, include addressing records requested from other 21st Space Wing) and we do need a stated upper dollar threshold amount that you will accept for billing purposes, i.e. "I'm willing to pay for all processing cost up to XX dollars.", your acceptance of "clearly releasable documents statement and provide specific description of the new amended request and response be provide from you and that we would administratively close your request if we did not receive a response no later than 20 April 2016.”

As we have not received a response from you in the timeframe given, we have closed your request without further action.

If you wish to pursue this request in the future, you will need to re-submit a new FOIA request in this link: https://www.efoia.af.mil/palMain.aspx

v/r

Marlene P. Hagood

21 SW FOIA/PA Program Manager

DSN: 834-7513

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