Army Public Relations - MLB - Army Contracting Command

Brian Sparks filed this request with the Army Contracting Command of the United States of America.
Tracking # FP-16-027747
Status
Completed

Communications

From: Brian Sparks

To Whom It May Concern:

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

All contracts between the United States Army and Major League Baseball, or any organization or individual within Major League Baseball, dated between 1 January 2010 and 20 October 2015.

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 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.

Sincerely,

Brian Sparks

From: USARMY Redstone Arsenal ACC Mailbox HQACCFOIA

FOIA/PA Control Number: FP-16-025698
Activity Control Number: FA-16-0056

Dear Mr. Sparks,

Please be advised that this office serves as the policy and oversight office
for the U.S. Army Contracting Command Freedom of Information and Privacy Act
entities and is not a repository for documents maintained by the U.S. Army
Contracting Command. Requests for information and documents under the
purview of the U.S. Army Contracting Command are forwarded to the activity
most likely to have records for processing, and that activity has the
responsibility for the review and release of the records in accordance with
Army Regulation 25-55, The Army Freedom of Information Act Program.

We are conducting research to determine the cognizant activity for action
and direct response to you. I will advise you of our determination.

Thank You

Respectfully,

ANTHONY L. JACKSON
U.S. Army Contracting Command
ATTN: G6/AMSCC-IM, Freedom of Information/Privacy Act (FOIA/PA)
4505 Martin Road, Redstone Arsenal (RSA) AL, 35898-5000
COML: (256) 955-8716 /DSN: 645-8716
Email: usarmy.redstone.acc.mbx.hqaccfoia@mail.mil
ERM: usarmy.redstone.acc.mbx.hqacc-g6-records-management@mail.mil

NOTICE: The information contained in this communication is intended for the
sole use of the
recipients to whom it is addressed in their conduct of official business of
the US Government.
This communication may contain information that is exempt from disclosure
under the Freedom of
Information Act, 5 U.S.C 552 and the Privacy Act, 5 U.S.C. 552a.
Addressees/recipients are not
to disseminate this communication to individuals other than those who have
an official need to
know the information in the course of their official government duties. If
you are not an intended
recipient, or an agent responsible for delivering it to an intended
recipient, you have received this
email in error. In that event, please (i) immediately notify me by reply
email, (ii) do not review,
copy, save, forward, or print this email or any of its attachments, and
(iii) immediately delete and/or
destroy this email and its attachments and all copies thereof.

"Records Management is Everyone's Business"

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Good Afternoon. I am one of the FOIA officers here at the Mission and
Installation Contracting Command (MICC) Headquarters, Joint Base San
Antonio-Fort Sam Houston, TX. Your FOIA request was just referred to our
office for processing. I see in what appears to be an email string you
mention your October 20,2015 FOIA request, but I don't see where that was
provided. I'm not sure where this FOIA has been going since October or why
it is just now getting sent to our office today, but can you send me over
your original request so that I can see exactly what it is you are
requesting? Also, is there a point of contact for this request? I see in
the July 18th email you state your request list for all contracts between
the US Army and Major League Baseball. I was given one contract number
that is between MICC-Ft Knox and McCann World Group dealing with MLB, but
I'm not sure if this is what you're requesting. Can you clarify exactly
what you're looking for. Thank you.

v/r
Carolyn

Carolyn S. Johnson
Paralegal, FOIA Officer
HQ, MICC, Office of Counsel
2219 Infantry Post Rd
Fort Sam Houston, TX 78234-1361
carolyn.s.johnson14.civ@mail.mil
☎Phone 210-466-2278
☎DSN 450-2278

From: Brian Sparks


Hi, thank you for your response. I'm including the original request below. Several FOIA requests I made in October 2015, including this one, were not acknowledged by Army Contracting Command until this week, which I think accounts for some of the confusion.

I've copy/pasted the original request. Thank you for getting in touch.

To Whom It May Concern:

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

All contracts between the United States Army and Major League Baseball, or any organization or individual within Major League Baseball, dated between 1 January 2010 and 20 October 2015.

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 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.

Sincerely,

Brian Sparks

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Mr. Sparks,

Thank you for your response. I see that you are asking for waiver of fees. You state that the requested documents will be made available to the general public. Can you elaborate on this? How or in what capacity is this information being released to the public? What is your status as far as Muckrock? Are you a news/media source? If so, please articulate and explain as fees for requesters falling in that category is typically waived. When a waiver is requested, we need the understand the fact regarding the proposed release, so that the Initial Denial Authority (IDA) can make a determination on your waiver request. Merely stating this will be released to the public does not provide specific not enough basis for a fee waiver. We need you to explain in more details, so that the IDA has sufficient information and understating in order to make his decision. Before we will proceed with processing this FOIA, we will first have to make the fee waiver determination. We will notify you of the IDA's decision. Thank you again.

v/r
Carolyn

Carolyn S. Johnson
Paralegal, FOIA Officer
HQ, MICC, Office of Counsel
2219 Infantry Post Rd
Fort Sam Houston, TX 78234-1361
carolyn.s.johnson14.civ@mail.mil
☎Phone 210-466-2278
☎DSN 450-2278

From: Brian Sparks


Hi Carolyn,

Thank you for your note.

MuckRock is a non-profit news company based in Boston. All documents made available to us from FOIA and other public records are made available to the public via our website, MuckRock.com. Very often these documents are accompanied by a write-up, a summary of what is contained in the documents.

Thank you again, and please do let me know if you have any further questions.

Brian

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Good Afternoon,

1. This is in response to your August 8, 2016 Freedom of Information Act
(FOIA) email request for all contracts between the United States Army and
Major League Baseball, or any organization or individual within Major
League Baseball, dated between 1 January 2010 and 20 October 2015.. The
MICC FOIA case number for this request is FP-16-027737. Please reference
this case number in any future communications with this office.

2. In regards to your FOIA request, the following exemptions, if
applicable, will apply.

Exemption 3 [5 U.S.C. Section 552(b)(3)] is intended to protect the release
of records that are exempt from disclosure by statute. 10 U.S.C section
3.104-4 of the federal Acquisition regulation (FAR) generally prohibits
disclosure of contractor bid proposal information, as well as source
selection information. Any section 24-202(a) of the FAR explicitly
prohibits a FOIA release of proposal submitted in response to competitive
solicitations. Therefore, unless the proposals for the contract were
opened publically, this part of your request is exempt from release.

Exemption 4 [5 U.S.C Section 552(b)(4)] is intended to protect trade
secrets and commercial or financial information obtained from a person that
is privileged or confidential, such as unit pricing information as shown
under the contract line items numbers(CLINS) financial information, and
award fee information.

Exemption 6 [5 U.S.C Section 552 (b)(6)] is intended to protect personnel
and medical files from mandatory disclosure where doing so would constitute
a clearly unwarranted invasion of privacy. We will be withholding the
email addresses, phone numbers, and signature of government employees under
Exemption (b)(6) to protect personal privacy. Disclosure of this
information would contribute little to the public understanding of
government activities. By contrast, such disclosure would constitute a non-
trivial and not insubstantial invasion of government employees privacy
interests.

3. Please let me know whether you will accept a conformed copy of the
contract and any modifications. A conformed copy is a copy of the contract
as it is today, with all the modifications incorporated.

4. I have tasked our MICC-Fort Knox office to respond to your request.

5. Under the Freedom of Information Act (FOIA), the period for determining
whether to comply with a request is 20 working days, and may be extended to
30 working days, 5 U.S.C. § 552(a)(6)(A)(i). The time it takes to respond
to a request will vary depending on the complexity of the request and the
backlog of pending requests. Because we are required to address a large
number of FOIA demands, we cannot always respond to requests as quickly as
we would like. Accordingly, we handle backlogged cases on a "first in,
first out" basis, a practice that has been recognized by the courts. Based
on the current volume of requests, our current average processing times is
approximately 90 days from the date of receipt.

6. If you have questions concerning your request, please contact me via
email at usarmy.jbsa.acc-micc.mbx.foia@mail.mil or by phone at 210-466-2278.

v/r
Carolyn

Carolyn S. Johnson
Paralegal, FOIA Officer
HQ, MICC, Office of Counsel
2219 Infantry Post Rd
Fort Sam Houston, TX 78234-1361
carolyn.s.johnson14.civ@mail.mil
☎Phone 210-466-2278
☎DSN 450-2278

From: Brian Sparks

Thank you for the response. I will accept a conformed copy.

All best,
Brian

From: Hockenberry, Ronald A CIV USARMY ACC MICC (US)

Good afternoon,

I have received your FOIA request in our office. Please let me know you have received the attached letter in an email. Thanks.

RONALD HOCKENBERRY
DA Civilian
Procurement Technician
Mission and Installation Contracting Command MICC Fort Knox
199 6th AVE
FORT KNOX KY 40121-5720
PH: 502-624-4362 (DSN 464)
E-Mail: ronald.a.hockenberry.civ@mail.mil

From: Brian Sparks

Thank you for the responses. I accept that the best responses will be in the form of conformed copies of the contracts. Thank you!

Brian

From: Hockenberry, Ronald A CIV USARMY ACC MICC (US)

Good morning,

I have attached a letter for a FOIA request that came into our office. Please read the attached and send an email stating you have received this letter. Thanks.

RONALD HOCKENBERRY
DA Civilian
Procurement Technician
Mission and Installation Contracting Command MICC Fort Knox
199 6th AVE
FORT KNOX KY 40121-5720
PH: 502-624-4362 (DSN 464)
E-Mail: ronald.a.hockenberry.civ@mail.mil

From: Brian Sparks

Thank you for your response. I have received the letter.

Thank you,
Brian

From: Hockenberry, Ronald A CIV USARMY ACC MICC (US)

Good morning,

I do not have the request for FP-16-027747. The only request I have is the FP-16-027737 another office may have your other request.

From: USARMY Redstone Arsenal ACC Mailbox HQACCFOIA

Reference your FOIA Request - requests@muckrock.com, I am
well beyond the statutory timeframe in providing the relevant records as
requested.

I respectively request you consider withdrawing your current FOIA Request,
and resubmitting the same as an Expedited FOIA Request.

Your favorable consideration is greatly appreciated.

Please advise as soon as possible.

Thank You

Respectfully,

ANTHONY L. JACKSON
U.S. Army Contracting Command
ATTN: G6/AMSCC-IM, Freedom of Information/Privacy Act (FOIA/PA)
4505 Martin Road, Redstone Arsenal (RSA) AL, 35898-5000
COML: (256) 955-8716 /DSN: 645-8716
FOIA Email: usarmy.redstone.acc.mbx.hqaccfoia@mail.mil
ERM: usarmy.redstone.acc.mbx.hqacc-g6-records-management@mail.mil

NOTICE: The information contained in this communication is intended for the
sole use of the
recipients to whom it is addressed in their conduct of official business of
the US Government.
This communication may contain information that is exempt from disclosure
under the Freedom of
Information Act, 5 U.S.C 552 and the Privacy Act, 5 U.S.C. 552a.
Addressees/recipients are not
to disseminate this communication to individuals other than those who have
an official need to
know the information in the course of their official government duties. If
you are not an intended
recipient, or an agent responsible for delivering it to an intended
recipient, you have received this
email in error. In that event, please (i) immediately notify me by reply
email, (ii) do not review,
copy, save, forward, or print this email or any of its attachments, and
(iii) immediately delete and/or
destroy this email and its attachments and all copies thereof.

"Records Management is Everyone's Business"

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Mr. Sparks,

Attached is a conditional release and a no records certification. This
response closes FOIA Request FP-16-027752. We look forward to serving your
future FOIA needs. Please send MICC FOIA requests to usarmy.jbsa.acc-
micc.mbx.foia@mail.mil.

Carolyn S. Johnson
Paralegal, FOIA Officer
HQ, MICC, Office of Counsel
2219 Infantry Post Rd
Fort Sam Houston, TX 78234-1361
carolyn.s.johnson14.civ@mail.mil
☎Phone 210-466-2278
☎DSN 450-2278

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Mr. Sparks,

Attached are the records responsive to your FOIA request FP-16-027737. The
requested records are being conditionally released. This response closes
FOIA Request FP-16-027737. We look forward to serving your future FOIA
needs. Please send MICC FOIA requests to usarmy.jbsa.acc-
micc.mbx.foia@mail.mil. Thank you.

v/r
Carolyn

Carolyn S. Johnson
Paralegal, FOIA Officer
HQ, MICC, Office of Counsel
2219 Infantry Post Rd
Fort Sam Houston, TX 78234-1361
carolyn.s.johnson14.civ@mail.mil
☎Phone 210-466-2278
☎DSN 450-2278

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