FEMA Pistol Point Matt Wiggins
| Tracking # |
2019-FEFO-00674 |
| Submitted | June 21, 2019 |
| Est. Completion | March 31, 2020 |
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Communications
From: Yael Grauer
To Whom It May Concern:
Under the Freedom of Information Act, I write to request access to and a copy of the following records:
Any and all copies of IG investigative reports, public or non-public audits, performance reports, notices and letters about breaches, show cause letters, evaluations, inspections, reviews, investigations, final reports, closing memos, referral letters, corrective action letters, cure notices and supporting documents pertaining to contracts 70FBR618C00000001 and 70FBR618C00000003.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Whenever possible, I prefer to receive the information in electronic format, especially if electronic copies will lower the cost of production. 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 filed electronically, by email attachment if available.
Pursuant to 5 U.S.C. § 552(a)(6)(E)(1) and 28 C.F.R. § 16.5 (e)(1)(ii), (iv), I request that FEMA expedite the processing of this request. I certify to be true and correct to the best of my knowledge and believe that there is widespread and exceptional media interest and there exist possible questions concerning the government’s integrity that could affect public confidence.
Pistol Point LLC was awarded a $60 million contract to deliver food to the Houston Food Bank after Hurricane Harvey. The LLC belongs to Matt Wiggins, former mayor of Kemah, who was investigated by the FBI after Hurricane Ike (https://www.houstonchronicle.com/news/houston-texas/houston/article/Former-Kemah-mayor-s-land-deals-questioned-5240886.php) when he was accused of using his office to acquire property hit by the hurricane after directing city building officials to condemn certain properties so he could acquire them at a lower price. He also pled guilty to more than a thousand misdemeanor charges (http://kingfish1935.blogspot.com/2017/02/clinton-property-owner-pleads-guilty-to.html) in Clinton, Mississippi, including neglect of historical properties, leading to broken windows, leaking roofs, crumbling mortar, mold, exposed electrical wiring, rotten floors and missing floor joists.
Pistol Point was written about in the Galveston County Daily News (https://www.galvnews.com/news/article_c1b50abe-4962-59b0-ae5b-3eca4e512782.html), which stated, in part, that “the fact that a small local company with no experience in disaster recovery landed such a large post-disaster contract raised some eyebrows...” and that “Pistol Point’s online presence shows no federal contracting work before the contract awards after Hurricane Harvey.”
Concern about FEMA contractors is of great public interest. U.S. Rep. Bennie Thompson introduced the Due Diligence for FEMA Contractors Act (https://homeland.house.gov/sites/democrats.homeland.house.gov/files/documents/THOMMS_038_xml.pdf), which calls for review of contractors’ previous conduct and past performances before awarding contracts that cost over $1 million. Representatives from New Jersey, New Mexico and Mississippi have also called for accountability for FEMA contractors. Knowledge of this contract is essential to the public’s understanding of it and any issues surrounding it. The information sought in this request will meaningfully further public discourse on this issue of national concern.
Reasonably Foreseeable Harm. The FOIA Improvement Act of 2016 amended the FOIA as follows (5 USC 552(a)(8)):
(A) An agency shall—
(i) withhold information under this section only if—
(I) the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b); or
(II) disclosure is prohibited by law; and
(ii) (I) consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible; and
(II) take reasonable steps necessary to segregate and release non exempt information. . . .
FEMA should not fail to meet the requirements of Section 552(a)(8) when processing my request and release responsive records to me in full or at least in part.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Yael Grauer
From: Federal Emergency Management Agency
Good Afternoon: Attached is our acknowledgment of your FEMA FOIA request. If you need to contact this office againconcerning your request, please provide the FEMA reference number 2019-FEFO-00674 This will enable us to quickly retrieve theinformation you are seeking and reduce our response time. This office canbe contacted at (202) 212-3323. Regards, The FEMA Disclosure Branch Dan Houton
Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
From: Yael Grauer
Thank you--can you please give me the timeline for when 2019-FEFO-00674 will be processed?
Yael
From: Yael Grauer
Mr. Houton,
5 U.S.C. § 552(a)(7) states, in pertinent part,
"Each agency shall . . . provide[ ] information about the status of a request to the person making the request . . . , including . . . an estimated date on which the agency will complete action on the request."
Pursuant to this statute, I hereby formally request that FEMA provide me with a written estimated date on which the agency will complete action on this FOIA request (2019-FEFO-00674). A mere statement of the request’s place in your queue will not satisfy this status request. Similarly, a statement that the agency has a significant backlog of requests and cannot provide an estimated date of completion will not satisfy this status request. Only “an estimated date on which the agency will complete action on the request” will satisfy this status request and the agency’s statutory responsibility.
Best,
Yael
From: Federal Emergency Management Agency
Ms. Grauer:
This is a follow-up to our teleconference today regarding your request. Included on this email is Daniel Houton who will also be working on this request. During our discussion, you that stated that when you stated "supporting documents pertaining to contracts 70FBR618C00000001 and 70FBR618C00000003" you are considering supporting documents to be records submitted for the awarding of both of these contracts. We are interpreting this to mean bids and proposals submitted for both these contracts.
Please let me know if this is accurate. If we don't hear from you by July 19, 2019, we will process the request using this interpretation. Upon receipt of your confirmation, we will provide you with an estimated response date.
If you have any questions, please contact me directly.
Greg Bridges
Lead Government Information Specialist
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk Phone: 202-212-5078
Gregory.Bridges@FEMA.DHS.GOV<mailto:Gregory.Bridges@FEMA.DHS.GOV>
From: Yael Grauer
Yes, this is accurate. Thank you.
From: Yael Grauer
What is the status on this? I was supposed to get an estimated date of completion on July 17.
From: Federal Emergency Management Agency
Ms. Grauer The purpose of this email will be to provide a status update on the above referenced request. We are searching our field offices for responsive records and require additional time to process your request. I am estimating that you receive a response on or near August 30, 2019. Please note, that this estimate date does not include additional reviews that made be required for the requested you requested. I will contact you should this date change. Modifying your request could reduce the time needed to provide a final determination. Should you chose to do so, you may contact us at FEMA-FOIA@fema.dhs.gov please include your FOIA tracking number in the correspondence. You may also contact the Office of Government Information Services (OGIS) for further assistance. As part of the2007 amendments, OGIS wascreated to offer mediation services to resolve disputes between FOIA requestersand Federal agencies. You may contact OGIS in any of the following ways: Office of Government InformationServicesNational Archives and RecordsAdministration 8601 Adelphi Road OGISCollege Park, MD 20740-6001 E-mail: ogis@nara.gov Web: https://ogis.archives.gov Telephone: 202-741-5770/Toll-free:1-877-684-6448 Facsimile: 202-741-5769 Greg Bridges Lead GovernmentInformation Specialist InformationManagement Division Office of the ChiefAdministrative Officer Federal EmergencyManagement Agency U.S. Department ofHomeland Security Desk Phone: 202-212-5078 Gregory.Bridges@FEMA.DHS.GOV
From: Yael Grauer
Wanted to follow up on this--is there a completion date for request 2019-FEFO-00674, which has received expedited status and was filed on June 27?
From: Federal Emergency Management Agency
Ms. Grauer:
An email providing a status update has already been sent to you.
Greg Bridges
Lead Government Information Specialist
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk Phone: 202-212-5078
Gregory.Bridges@FEMA.DHS.GOV<mailto:Gregory.Bridges@FEMA.DHS.GOV>
From: Yael Grauer
Okay, thanks!
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on June 21, 2019. You had previously indicated that it would be completed on Aug. 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2019-FEFO-00674.
Thanks for your help, and let me know if further clarification is needed.
From: Yael Grauer
Any update on this request ( 2019-FEFO-00674)? It was filed on June 27th, was meant to be expedited and received expedited status, and had an estimated delivery date of August 30th.
From: Yael Grauer
Any update on this request ( 2019-FEFO-00674)? It was filed on June 27th, was meant to be expedited and received expedited status, and had an estimated delivery date of August 30th.
From: Federal Emergency Management Agency
Ms. Grauer, The purpose of this email will be to provide a status update on the above referenced request. We are still processing your request and as a result, we will need additional time to complete this request. We estimate that you will receive a response to this request on or near October 8, 2019 . We will notify you if this date should change. Modifying your request could reduce the time needed to provide a final determination. Should you chose to do so, you may contact us at FEMA-FOIA@fema.dhs.gov please include your FOIA tracking number in the correspondence. You may also contact the Office of Government Information Services (OGIS) for further assistance. As part of the2007 amendments, OGIS wascreated to offer mediation services to resolve disputes between FOIA requestersand Federal agencies. You may contact OGIS in any of the following ways: Office of Government InformationServicesNational Archives and RecordsAdministration 8601 Adelphi Road OGISCollege Park, MD 20740-6001 E-mail: ogis@nara.gov Web: https://ogis.archives.gov Telephone: 202-741-5770/Toll-free:1-877-684-6448 Facsimile: 202-741-5769 Houton, Daniel daniel.houton@associates.fema.dhs.gov
From: Yael Grauer
It's October 10th--can you send me this material? As a reminder, it has received expedited status when it was filed over three months ago and was originally scheduled to be sent over a month ago.
From: Federal Emergency Management Agency
Hi Ms. Grauer – we are making sure we have all relevant records. The expedited processing takes effect once your request is assigned to a processor to determine any withholdings/exemptions which should happen this week. I’ll let you know when that happens.
Reading your request, seems you don’t want the actual contracts, correct? If you did we would have to give the contractor an opportunity to review for any suggested withholdings relating to business proprietary information, called a “Submitters Notice” which could take up to a month or so. Please confirm you don’t won’t the actual contracts but just the other referenced records.
REQUEST:
any and all copies of IG investigative reports, public or non-public audits, performance reports, notices and letters about breaches, show cause letters, evaluations, inspections, reviews, investigations, final reports, closing memos, referral letters, corrective action letters, cure notices and supporting documents pertaining to contracts 70FBR618C00000001 and 70FBR618C00000003.
Daniel Houton
Contractor – Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk phone: (202) 212-2844
daniel.houton@associates.fema.dhs.gov<mailto:daniel.houton@associates.fema.dhs.gov>
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From: Yael Grauer
Can you tell me why it takes over three months to assign an expedited request to a processor?
Yes, I would like the actual contracts, if they exist, as I mentioned in our call in July. However if this would delay this expedited request even longer, please send the other expedited records first.
From: Yael Grauer
Also, since the estimated date of completion of August 30th has come and gone, can you please provide me a written estimated date on which the agency will complete action on this FOIA request?
5 U.S.C. § 552(a)(7) states, in pertinent part, "Each agency shall . . . provide[ ] information about the status of a request to the person making the request . . . , including . . . an estimated date on which the agency will complete action on the request."
A mere statement stating “the expedited processing takes effect once your request is assigned to a processor to determine any withholdings/exemptions which should happen this week. I’ll let you know when that happens” does not satisfy this status request. Similarly, a statement that it can “take up to a month or so” to allow for review of material I requested and clarified in July does not satisfy this status request. Only “an estimated date on which the agency will complete action on the request” will satisfy this status request and the agency’s statutory responsibility.
From: Federal Emergency Management Agency
Ms. Grauer, The purpose of this email will be to provide a status update on the above referenced request. We are still in the process of trying to locate all records that are potentially responsive to your request. As a result, we will need additional time to process this request. We estimate that you will receive a response to this request on or near November 13, 2019 . We will notify you if this date should change. Modifying your request could reduce the time needed to provide a final determination. Should you chose to do so, you may contact us at FEMA-FOIA@fema.dhs.gov please include your FOIA tracking number in the correspondence. You may also contact the Office of Government Information Services (OGIS) for further assistance. As part of the2007 amendments, OGIS wascreated to offer mediation services to resolve disputes between FOIA requestersand Federal agencies. You may contact OGIS in any of the following ways: Office of Government InformationServicesNational Archives and RecordsAdministration 8601 Adelphi Road OGISCollege Park, MD 20740-6001 E-mail: ogis@nara.gov Web: https://ogis.archives.gov Telephone: 202-741-5770/Toll-free:1-877-684-6448 Facsimile: 202-741-5769 Houton, Daniel daniel.houton@associates.fema.dhs.gov
From: Yael Grauer
By stating that you estimate I will receive “a response to this [expedited] request” over four months after it was filed, do you mean this is the estimate date in which the agency will “complete action on the request”? Or are you simply giving me another date on which you will tell me you need more time to complete action on the request, such as the ones I received on July 30th and September 17 and October 15?
From: Muckrock Staff
Hi there,
We would like to request assistance with this FOIA request, which was initially submitted on June 27, 2019. The first estimated completion date we received was August 30, 2019. It has since been updated twice, most recently to November 13, 2019. Could you please help us to get this request processed?
Thank you very much for your time.
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7560120-20request20communications.zip
From: Federal Emergency Management Agency
Thank you for contacting the Office of Government Information Services. This is an auto reply message.
If you requested our assistance with resolving a Freedom of Information Act (FOIA) dispute and have not done so already, please send us a brief description of your dispute and copies of your FOIA request, the agency’s response to your request, your appeal letter (if you filed an appeal), and the agency's response to your appeal (if received a response).
Send these documents to OGIS by email, fax, or mail. Our contact information is below in the signature block.
Due to an increased demand for our services, there may be a delay in our response. We apologize for any inconvenience and look forward to assisting you.
Sincerely,
The OGIS Staff
--
OFFICE OF GOVERNMENT INFORMATION SERVICES
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
Email: ogis@nara.gov
Phone: 202-741-5770
Fax: 202-741-5769
Website: https://www.archives.gov/ogis
From: Federal Emergency Management Agency
Thank you for contacting the Office of Government Information Services. This is an auto reply message.
If you requested our assistance with resolving a Freedom of Information Act (FOIA) dispute and have not done so already, please send us a brief description of your dispute and copies of your FOIA request, the agency’s response to your request, your appeal letter (if you filed an appeal), and the agency's response to your appeal (if received a response).
Send these documents to OGIS by email, fax, or mail. Our contact information is below in the signature block.
Due to an increased demand for our services, there may be a delay in our response. We apologize for any inconvenience and look forward to assisting you.
Sincerely,
The OGIS Staff
--
OFFICE OF GOVERNMENT INFORMATION SERVICES
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
Email: ogis@nara.gov
Phone: 202-741-5770
Fax: 202-741-5769
Website: https://www.archives.gov/ogis
From: Federal Emergency Management Agency
Dear Yael Grauer:
Attached is the Predisclorure Notice to your Freedom of Information Act (FOIA) Request. If you need to contact our office concerning this request, please call (202) 212-3323 or email and reference your FOIA tracking number (mailto:FEMA-FOIA@fema.dhs.gov) FEMA-FOIA@fema.dhs.gov 2019-FEFO-00674.
Regards, Blackwell, Tonya
Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Telephone: (202) 646-3323
FEMA-FOIA@fema.dhs.gov
From: Yael Grauer
When will this request be processed?
From: Federal Emergency Management Agency
You should receive this by February 12. 2020 because we are still going through the
Submitter process.
Tonya Blackwell
Government Information Specialist <https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0ahUKEwjJiKKNxtvRAhXBQSYKHeANA9oQFggaMAA&url=https%3A%2F%2Fwww.opm.gov%2Ffedclass%2Fgs0306.pdf&usg=AFQjCNFQeCjLfmjOrFerT_krc_21qxlRqA&bvm=bv.144686652,d.eWE> -Disclosure Branch
Division of Information Management
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Direct: 202-212-3771
Mobile:202-802-2645
Email:tonya.blackwell@fema.dhs.gov
This is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.
[fema]
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From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on June 21, 2019. You had previously indicated that it would be completed on Jan. 12, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2019-FEFO-00674.
Thanks for your help, and let me know if further clarification is needed.
From: Yael Grauer
It is now February 21st, and you told me this expedited request (which I filed on June 27th) would be filled by February 12th. Please process this request immediately.
From: Federal Emergency Management Agency
We initially sent an Intent to Release notice to the contract Submitter on January 14, 2020, but didn’t receive a response. Upon contacting the Submitter, we learned that they didn’t receive the notice. We resent the intent to release notice to the contract submitter on Thursday, February 20, 2020. We apology for the delay. We are hoping to have our response to you by Thursday, March 5, 2020, if not sooner due to statutory requirement that we must allow the submitter to provide their release recommendations before releasing to a third party. We allowed the Submitter 10 business days in which to respond to our Intent to Release notices whenever there are objections to our release recommendations.
Please don’t hesitate to contact us if you have further questions regarding the status of your FOIA request ad thank you for your continued patience.
Tonya Blackwell
Government Information Specialist <https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0ahUKEwjJiKKNxtvRAhXBQSYKHeANA9oQFggaMAA&url=https%3A%2F%2Fwww.opm.gov%2Ffedclass%2Fgs0306.pdf&usg=AFQjCNFQeCjLfmjOrFerT_krc_21qxlRqA&bvm=bv.144686652,d.eWE> -Disclosure Branch
Division of Information Management
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Direct: 202-212-3771
Mobile:202-802-2645
Email:tonya.blackwell@fema.dhs.gov
This is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.
[fema]
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From: Yael Grauer
I’m curious why, after contacting me on December 5th with awareness that this was an expedited request from June 2019, you chose to wait until January 14th (40 days) to contact the submitter? Also, if they are supposed to respond within 10 days, why did you wait until February 20th (37 days later), to contact and resubmit? Is this how your office typically handles expedited requests?
From: Yael Grauer
I wanted to follow up on my expedited FOIA request filed more than eight months ago. It is now March 5th, and I have yet to receive the documents that were promised to me by August 30th, October 8th, November 13th, February 12th and today. Please send me the documents immediately.
From: Federal Emergency Management Agency
Good Afternoon,
I’m no longer in the FOIA Department I have forward your email to Pearlene.Robinson@fema.dhs.gov<mailto:Pearlene.Robinson@fema.dhs.gov>.
This is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.
[fema]
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image001
From: Yael Grauer
Whether you're in the department or not, you told me that I would receive these expedited documents no later than today, just as Dan Houton and Gregory Bridges promised them on August 30, October 8, November 13 and February 12. Is there anybody in the office who can process this expedited request from June?
From: Federal Emergency Management Agency
Ms. Grauer:
I would like to speak directly with you on the phone on Friday 6, 2020, in order to discuss what you can expect to receive from our office related to your request. Please let me know when you are available and what number you can be reached at.
Thanks
Greg Bridges
Chief
Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk Phone: 202-212-5078
Gregory.Bridges@FEMA.DHS.GOV<mailto:Gregory.Bridges@FEMA.DHS.GOV>
From: Yael Grauer
Happy to speak on the phone. I'd also request that you provide me with the date on which FEMA will complete action on this expedited FOIA request (2019-FEFO-00674), as required by 5 U.S.C. § 552(a)(7).
From: Federal Emergency Management Agency
Ms. Grauer:
I received your voicemail. Since your preference is email communication I will no longer request a teleconference to discuss your request. We will provide our final response to your request no later than March 31, 2020. We will be only be providing you with records we located within our agency that are responsive to your request. Per our first conversation over the phone, our request will not include any records that we do not have purview over (i.e. records requested from the Office of the Inspector General). Please email me if you have any questions.
Greg Bridges
Chief
Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk Phone: 202-212-5078
Gregory.Bridges@FEMA.DHS.GOV<mailto:Gregory.Bridges@FEMA.DHS.GOV>
From: Yael Grauer
At no point in any of our conversations did I say that you should limit records to only ones that you have purview over. In fact, that was the reason I was given multiple times for the very long delay in this expedited request.
From: Yael Grauer
Is this final response, promised to me no later than today, still coming?
From: Federal Emergency Management Agency
Ms. Grauer:
Attached is the final response your request. Per my previous email and our initial teleconference. Our response only includes records that are in FEMA’s possession that were related to your request. Your request was also referred to the Office of the Inspector General to process any records they may have in their possession.
Gregory Bridges
Chief| Disclosure Branch| Information Management Division
Work 202-212-5078
gregory.bridges@fema.dhs.gov<mailto:gregory.bridges@fema.dhs.gov>
Federal Emergency Management Agency
fema.gov
[Federal Emergency Management Agency logo]
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From: Yael Grauer
Thank you.
From: Federal Emergency Management Agency
A cover letter granting the request and outlining any exempted materials, if any.
From: Federal Emergency Management Agency
Dear Mr. Grauer,
The Department of Homeland Security (DHS), Office of Inspector General (OIG) has made a determination regarding your FOIA request. Please see the attached correspondence for our response.
Respectfully,
DHS-OIG FOIA
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