Records of a 2002 DOJ Task Order Contract

T. McElwee filed this request with the Department of Justice, Justice Management Division of the United States of America.

It is a clone of this request.

Status
Completed

Communications

From: T. McElwee


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All records of the DOJ task order contract procurement announced in 2002 awarded to Ernst & Young and Giuliani-Kerik LLC, to provide "comprehensive management review and to develop performance and accountability standards" to the Organized Crime Drug Enforcement Task Force.

A PDF copy of the press release announcing the award is attached for reference.

This request seeks the primary source materials of the acquisition/procurement process for this award. This is in the public interest in reviewing how the DOJ contracting process worked in this award, and not the work of the award itself. Please exclude the reports Giuliani-Kerik and Ernst & Young submitted as a result of the award. Instead, please include materials in preparation for the task order, the task order itself, and any decisions through the closing of the task order contract.

In explicit terms, please include any and all of the following where applicable (not exclusively)

Pre-Award items:
* Records of authorization from the Attorney General and/or his subordinates leading to the solicitation;
* Records of preparation for the solicitation (problem statements, scoping documents, authorization for any solicitation process such as Request for Bid, Request for Expression of Interest, or Request for Proposal) including any appendices or comments;
* Records of bidding or proposal (lists of bidders or document-holders, scoping documents, bidder conference notes, etc.);
* Records of estimates of the award, including estimated budgets.

Award Items:
* Records of the executed task order contract (such as a "punch list" of work orders under the award), including appendices and supplemental materials;
* Records of requests for qualifications/certifications from vendors for task orders (such as a list of requirements) including any fulfillment of such requests (completed questionnaires or submitted qualification/certifications);
* Records of actual costs incurred under the award, for the prime contractors and subcontractors, including invoices, billings, vouchers or use of financing in any form;
* Records of schedules, such as deadlines and milestones, and requests for proofs of work and their fulfillment.
* Records of payment or authorization of payment (such as vouchers);
* Records of dispute resolutions under this award.

After-Award Items:
* Records of amendments to the task order contract and their resolution;
* Records of any relevant DOJ decision-making, such as decisions to increase or decrease the scope of the task order, and decisions to increase or decrease the time schedule of the task order;
* Records of any item referred to an external authority (such as the OIG) pertaining to any possible fraud or malfeasance under the award;
* Records of DOJ any quantitative or qualitative evaluation of work completed, such as a comparison of estimated vs. actual costs, deadlines vs. actual work completion dates, and evaluation of the work performed by prime vendors or subcontractors.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records.

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,

T. McElwee

  • 23609_2010-21-0220DOJ20ANNOUNCES20CONTRACT20AWARD20FOR20MANAGEMENT20STUDY20OF20THE20.pdf

From: Department of Justice, Justice Management Division

March 1, 2021 Mx. T. McElwee MuckRock News
411A Highland Ave
Dept Mr 78709
Somerville, MA 02144-2516 Re: Request for all records of the task order procurement awarded in 2002 to Ernst and Young for a management review and standard development to OCDEFTF. Assigned JMD FOIA TRACKING NUMBER: 125263 Dear Mx. McElwee: This is to acknowledge receipt of your Freedom o f Information Act request dated 2/19/2021 and received in this office on 2/19/2021 in which you requested records concerning the subject identified above. For your information, the Justice Management Division assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month whereas complex requests necessarily take longer. At this time, your request has been assigned to the Complex track. Please note that as a general matter, records in the Department are decentralized and our response will only cover information originating with or relating to JMD. If you are seeking information originating with or relating to other components of the Department, please make a FOIA request directly to those components. If you have a question about the status of your FOIA request, you may contact this office by emailing JMDFOIA@usdoj.gov or by calling 202-514-3101 during regular business hours (Monday through Friday, 9 a.m. to 5 p.m., Eastern Time, excluding federal holidays). Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be some delay in the processing of your request. Please refer to your assigned JMD FOIA TRACKING NUMBER listed above whenever you contact the Department regarding this request. Sincerely, Karen E. McFadden FOIA Contact Justice Management Division

From: Muckrock Staff

Hello,

Please see the following request for records. Thank you for your help with this request.

Sincerely,
MuckRock

From: Department of Justice, Justice Management Division

T. McElwee,

We apologize for the delay. The request has been sent to the appropriate Justice Management Division (JMD) staff office for review and response. We can report that your FOIA request was assigned to the JMD Procurement Services Staff (PSS) office for action and response. We contacted PSS to see if they can provide us with any additional information to pass onto you.

PSS checked their records and informed us that the official contract file you requested (#02-F-689) was closed on September 30, 2003, sent to NARA (Accession No.060040966), and was likely destroyed by NARA by January 1, 2014, under the applicable records retention schedule. PSS performed an additional search for records and found some potentially responsive pre-award and post-award records relating to the contract. However, because of the age of the records, many of them are in a format that is not readily accessible and would need to be converted before review. Also, PSS staff with knowledge of this contract no longer work with the Department, which combined with converting the documents, would require a time consuming effort for JMD to process your FOIA request.

Given this information, before we expend additional time and resources on this request we are inquiring whether you are still interested in us processing this request.

If you wish to continue the processing of this request, please note there are several factors that will contribute to the amount of time it takes to process your request. When a contract is requested for the first time, we are required to notify the submitter of the information (the contractor) and provide them an opportunity to submit their views regarding release and possible redactions. Other factors that affect the length of time it takes to process your request includes the conversion of the WordPerfect documents mentioned above, internal review of the records for information that is exempt from disclosure under applicable FOIA exemptions, consultation with any other component/agency with equities related to your request, and any necessity to discuss or clarify your request with you. Please be aware the following information is redacted within contracts: Fixed unit rates; names of key personnel that are not publicly available; and if listed, the itemized breakdown of the contract and modification costs (not including the grand total). Certain pre-award information may also be exempt from disclosure as predecisional deliberative material.

Please let us know if you are still interested by March 21, 2023. If we do not receive a response by this date, we will close your request as withdrawn. Should you decide that you are still interested past this cut-off date, we will enter the FOIA as a new request.

If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact our FOIA Contact, Daniel Wagner at JMDFOIA@usdoj.gov<mailto:JMDFOIA@usdoj.gov>.

Sincerely,

Daniel Wagner
FOIA Contact
Justice Management Division

From: T. McElwee

To whom it may concern:

Yes, I continue to be interested in this request (given number "JMD FOIA TRACKING NUMBER: 125263 ").

I request all responsive material. I reiterate my original request in stating that records concerning the movement or destruction slips should be treated as responsive material.

Should the agency find that it speeds resolution of this request, I consent in advance to rolling release.

-T. McElwee

From: Department of Justice, Justice Management Division

T. MsElwee,

This confirms receipt of your correspondence sent via email to the JMD FOIA mailbox on 2/22/2023. JMD will proceed with processing your request for all records of the task order procurement awarded in 2002 to Ernst and Young for a management review and standard development to OCDEFTF.

Sincerely,

Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice

From: Department of Justice, Justice Management Division

Good morning T. McElwee,

We have finished converting the old records into a format that can be reviewed by Justice Management Division (JMD) staff. As mentioned in our previous message, JMD Procurement Services Staff (PSS) with knowledge of this contract no longer work with the Department. We are working with PSS staff to review the materials, but due to the age of the records, this is a time consuming effort for JMD to review.

As soon as we have any additional information we will be sure to contact you.

Sincerely,

Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice

From: Department of Justice, Justice Management Division

Good morning T. McElwee,
As mentioned in our previous message, JMD Procurement Services Staff (PSS) with knowledge of this contract no longer work with the Department. We are working with PSS staff to finish our review the materials, but due to the age of the records, this is a time consuming effort for JMD to review. In addition, we must also consult with the submitter of the information and seek their views on the disclosure of the information.

As soon as we have any additional information we will be sure to contact you.

Sincerely,

Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice

From: Department of Justice, Justice Management Division

Good morning,

Thank you for your email and your patience. We apologize for the delay. We had to consult with the submitter of the information and seek their views on the disclosure of the information. We are waiting to hear back from them.

As soon as additional information is provided to us, we will contact you.

Sincerely,

JMD FOIA Service Center
Justice Management Division
U.S. Department of Justice

From: Department of Justice, Justice Management Division

Good morning T. McElwee,

Thank you for your email and your patience. We apologize for the delay. Your request is in the final stage of review and processing in JMD’s Office of the General Counsel. We hope to have the final response to you soon.

Thank you very much,
Dan

Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice

From: Department of Justice, Justice Management Division

T. McElwee,

The attached is JMD response to your FOIA request.

Sincerely,

Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice

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