Department of Defense Contractor Non-Compete Policies and Documents
| Tracking # |
23-A-0546-A1 |
| Submitted | March 3, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I am requesting all policies, guidelines, regulations, and other documents related to the use of non-compete agreements for contractors working with the Department of Defense (DoD). Specifically, I am requesting information on non-compete agreements used by DoD contractors such as Lockheed Martin and Boeing.
I am requesting all documents related to this topic, including but not limited to:
Any policies or guidance documents related to the use of non-compete agreements for DoD contractors
All non-compete agreements used by contractors working with the DoD, including any amendments or modifications to those agreements
Any records of communications between the DoD and contractors regarding non-compete agreements
Any records of communication between the DoD and other government agencies, including foreign intelligence agencies, regarding the use of non-compete agreements for contractors
Any records related to any investigations or enforcement actions related to non-compete agreements used by DoD contractors
I request that the search for responsive records include all relevant records for the past 5 years.
This request is being made in the public interest, as it has the potential to impact the job market, national security, and the government's ability to recruit and retain qualified personnel.
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,
Jordan
From: Department of Defense, Freedom of Information Policy Office
Good monring,
Please find the interim response attached for your recent FOIA Request that
was requested on March 3, 2023. The case number for this request is
23-F-0546, please refer to this number and myself, the action officer
mentioned in the interim response, in any future correspondence regarding
this case.
V/r,
Walt Jackson
Government Information Specialist
Freedom of Information Division
OSD/JS FOIA Requester Service Center
From: Jordan Lassiter
I am writing to appeal the decision made by your office regarding my FOIA request, dated 03/09/2023. In your response to my request, you stated that you were unable to proceed further without the additional information requested. However, I believe that your response misconstrues the meaning and interpretation of my request.
My FOIA request was clearly stated and described as requesting "any and all documents" related to a specific topic. The language used was intentionally broad in order to ensure that the scope of the request was not limited or narrowed.
I am concerned that your office has misinterpreted the language of my request and has used a narrow interpretation to limit the scope of the request. I believe that this has resulted in the failure to produce all of the responsive documents that exist.
Therefore, I respectfully request that you reconsider my FOIA request and conduct a new search using a broader interpretation of the language used in my request. I also request that you waive any fees associated with my appeal, as my initial request was not fulfilled as requested.
Thank you for your attention to this matter. I look forward to your prompt response.
From: Department of Defense, Freedom of Information Policy Office
Good afternoon,
Please find the final response attached for your recent FOIA Request that
was requested on March 3, 2023. The case number for this request is
23-F-0546, please refer to this number and myself, the action officer
mentioned in the final response, in any future correspondence regarding this
case.
V/r,
Walter Jackson
Government Information Specialist
Freedom of Information Division
OSD/JS FOIA Requester Service Center
From: Department of Defense, Freedom of Information Policy Office
Dear Jordan,
This is in response to your Freedom of Information Act (FOIA) appeal, in reference to OSD FOIA 23-F-0546. We have assigned your appeal case #23-A-0546-A1. We received your appeal in this office on April 19, 2023.
Due to an extremely heavy FOIA workload, we are unable to complete your appeal within the statutory time requirement. In fairness to the general public, we make every effort to treat all requesters equally. Accordingly, responses are made on a first-in, first-out basis. When the appellate review of your case is complete, you will be notified by the appellate authority, the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency (ATSD-PCLT), of the final determination. You may direct any questions concerning this appeal to: osd.mc-alex.oatsd-pclt.mbx.dfoipo-foia-appeals@mail.mil.
V/r,
FOIA Appeals Team, OATSD(PCLT)
Office of the Assistant to the Secretary of Defense
for Privacy, Civil Liberties and Transparency
U.S. Department of Defense
-
~WRD0000
From: Department of Defense, Freedom of Information Policy Office
Good afternoon,
Attached to this e-mail is the appellate response for OSD FOIA Appeal 23-A-0546-A1. The decision of the Freedom of Information Division is affirmed.
V/r,
FOIA Appeals Team, OATSD(PCLT)
Office of the Assistant to the Secretary of Defense
for Privacy, Civil Liberties and Transparency
U.S. Department of Defense
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~WRD0003
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