SBA-2018-000862 FOIA, Request #4. (Defense Logistics Agency)

Jacob Queern filed this request with the Defense Logistics Agency of the United States of America.
Tracking #

DLA-HQ-2020-000158

Multi Request SBA-2018-000862 FOIA, Request #4.
Est. Completion Jan. 21, 2020
Status
Fix Required

Communications

From: Jacob Queern

To Whom It May Concern:

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

Please find
1) Request #4 (highlighted on p.2) within enclosed "SBA-2018-000862 FOIA", FOIA request made by JEQ&Co
2) Enclosed, "18_06_20_SBA-2018-000862_SBA_FOIA_acceptance" stating, in part "The FOIA office requires no further information from you as it relates to your initial request."
3) "18_08_10_Response to FOIA Request SBA-2018-000862" where Davida Bobo Administrative Officer, HUBZone Program Government Contracting and Business Development U.S. Small Business Administration, states, in part, "Attached you will find HUBZone’s responses to request numbers 1, 2, 3 and 5. Request number 4 has been referred to the Defense Logistics Agency."

Records in response to 'Request #4" from FOIA SBA-2018-000862 have never been produced.

Pursuant to 32 C.F.R. §286.8 Timing of responses to requests. "...the response time will commence on the date that the request is received by the appropriate DoD Component's FOIA RSC, but in any event not later than 10 working days after the request is first received by any DoD Component's FOIA RSC that is designated to receive requests." June 20, 2018 was 474 days ago. August 10, 2018 was 423 days ago.

When providing records in response to request #4 from FOIA SBA-2018-000862, please provide records such that the properties within the record accurately portray the document's date of creation prior to June 4th, 2018 which is the day DLA was compelled to file the first HUBZone status protest the DLA had ever filed against any HUBZone small business concern. June 4th, 2018 was two business days after the 2nd Congressional Office of VA (VA-02) notified DLA's Acquisition's Office that JEQ&Co had filed a protected disclosure with VA-02 reporting a failure of DLA to adhere to FARs
1) §13.106-2
2) §52.219-3
3) §19.306(e)
A fact,
1) DLA Director of Acquisitions would misrepresent in response to Congressional Inquiry on April 18, 2019.
2) Substantiated by records returned in response to FOIA SBA-2019-000200

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,

Jacob Queern

From: Defense Logistics Agency

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DLA-HQ-2020-000158&type=request)

* Tracking Number: DLA-HQ-2020-000158
* Requester Name: Jacob Queern
* Date Submitted: 10/17/2019
* Request Status: Submitted
* Description:
Please See attachment for description

From: Defense Logistics Agency

The FOIA
request
- DLA-HQ-2020-000158 description has been modified. Additional details for this item are as follows:

* Tracking Number: DLA-HQ-2020-000158
* Requester: Jacob Queern
* Submitted Date: 10/17/2019
* Description:
Please See attachment for description

From: Defense Logistics Agency

Jacob Queem,

Please see attached.

Thanks,
Cardalla Fisher
Management Analyst
DLA ACE J67A
c/o DLA Aviation
8000 Jefferson Davis Highway
Bldg. 32 M-Bay Cube 91
Richmond, VA 23297
☎DSN 695-4023 / Comm. 804-279-4023
Email: Cardalla.Fisher@dla.mil<mailto:Cardalla.Fisher@dla.mil>

From: Defense Logistics Agency

Jacob,

Sorry I forgot the attachment.

Cardalla

  • DLA-HQ-2020-000158 Backlog Acknowledgement of FOIA Request

From: Defense Logistics Agency

Jacob Queem,

Please see attached.

Thanks,
Cardalla Fisher
Management Analyst
DLA ACE J67A
c/o DLA Aviation
8000 Jefferson Davis Highway
Bldg. 32 M-Bay Cube 91
Richmond, VA 23297
☎DSN 695-4023 / Comm. 804-279-4023
Email: Cardalla.Fisher@dla.mil<mailto:Cardalla.Fisher@dla.mil>

  • DLA-HQ-2020-000159 Backlog Acknowledgement of FOIA Request

From: Jacob Queern

Ms. Fisher,

Please find enclosed, p.2, highlighted of

"19_10_22_DLA-HQ-2020-000159_Muckrock_correspondence"

stating,

"DLA-HQ-2020-000158 description has been modified. Additional details for this item are as follows:

...

Please see attachment for description"

There is no attachment visible in that correspondence.

Please answer the following question(s):

1) What was the modification?
2) Why hasn't it been provided to me through foiaonline, muckrock, or e-mail?

Please find enclosed

"19_10_22_DLA-HQ-2020-000158_Request Details" which is the FOIAonline portal visible to myself. Please answer the following questions

1) Why does "Description" only state, "The description of this request is under agency review" ?
2) Why isn't the actual description of the FOIA request visible?

Please forward the referenced attachment to jqueern@jeqandco.com and respond through the Muckrock inquiry

Please find enclosed,

"DLA-HQ-2020-000158_Backlog_Acknowledgement_of_FOIA_Request"
1) failing to adhere to
a. "32 C.F.R. §286.8" referencing 5 U.S.C. 552(a)(6)(B)
b. p. 4 of "USCODE-2011-title5-partI-chap5-subchapII-sec552"
2) stating, "...We anticipate a response to you no later than January 21, 2020."
a. by any measure an unreasonable amount of time to respond
b. especially given many of the FOIA records requested are already a year overdue.

From: Jacob Queern

Ms. Fisher,

Please find enclosed, p.2, highlighted of

"19_10_22_DLA-HQ-2020-000159_Muckrock_correspondence"

stating,

"DLA-HQ-2020-000158 description has been modified. Additional details for this item are as follows:

...

Please see attachment for description"

There is no attachment visible in that correspondence.

Please answer the following question(s):

1) What was the modification?
2) Why hasn't it been provided to me through foiaonline, muckrock, or e-mail?

Please find enclosed

"19_10_22_DLA-HQ-2020-000158_Request Details" which is the FOIAonline portal visible to myself. Please answer the following questions

1) Why does "Description" only state, "The description of this request is under agency review" ?
2) Why isn't the actual description of the FOIA request visible?

Please forward the referenced attachment to jqueern@jeqandco.com and respond through the Muckrock inquiry

Please find enclosed,

"DLA-HQ-2020-000158_Backlog_Acknowledgement_of_FOIA_Request"
1) failing to adhere to
a. "32 C.F.R. §286.8" referencing 5 U.S.C. 552(a)(6)(B)
b. p. 4 of "USCODE-2011-title5-partI-chap5-subchapII-sec552"
2) stating, "...We anticipate a response to you no later than January 21, 2020."
a. by any measure an unreasonable amount of time to respond
b. especially given many of the FOIA records requested are already a year overdue.

  • DLA-HQ-2020-000158_Backlog_Acknowledgement_of_FOIA_Request_7fXsI1i.pdf

  • 19_10_22_DLA-HQ-2020-000158_Muckrock_correspondence_gwk83K8.pdf

  • 19_10_22_DLA-HQ-2020-000158_Request20Details_axCxKLG.pdf

From: Defense Logistics Agency

Mr. Queern,

Attached is the final response to your FOIA request DLA-HQ-2020-000159.

Shirley Brown
FOIA and Privacy Specialist
Information Governance and Compliance (J67C)
Strategic Data and Analysis (J67)
DLA Information Operations (J6)
Defense Logistics Agency
Bldg. 2B North, Computer Room, 2b4913
ATTN: IGC
700 Robbins Avenue
Philadelphia, PA 19111
215-737-2199 (w)
267-847-6079 (c)

From: Jacob Queern

Hello,

Please find attached,

1) p. 2 - 3, highlighted Request #4 "18_06_16_Accepted_FOIA Request SBA-2018-000862.pdf" FOIA request accepted by the SBA given the nomenclature "SBA-2018-000862"

2) "18_08_10_Response_to_FOIA_Request_SBA-2018-000862" where Davida Bobo Administrative Officer, HUBZone Program Government Contracting and Business Development U.S. Small Business Administration states,

"This email is in response to your Freedom of Information Act (“FOIA”) request SBA-2018-000862. Attached you will find HUBZone’s responses to request numbers 1, 2, 3 and 5. Request number 4 has been referred to the Defense Logistics Agency."

3) "DLA-HQ-2020-000158_Final_Disposition_Letter" where SHIRLEY BROWN DLA FOIA and Privacy Specialist states,

"...We did not receive a referral from the Small Business Administration (SBA).

We thoroughly searched our system and we have no records of a referral from SBA as you
have described on your FOIA request..."

Please provide the following records in whatever format (e.g outlook item, .pdf, word) they were originally made where the properties of the document shows its date of creation. If the documents were mailed via USPS or parcel courier, please provide a copy of the post mark date.

(Request1) records concerning the referral referenced by Ms. Bobo "Request number 4 has been referred to the Defense Logistics Agency." to include any e-mails containing attachments, regular mail with copies of the postage mark, facsimiles, facsimile report confirmations, etc. (correspondence) showing date and times of creation, recipient, proof of delivery.

(Request 2) If records requested in (Request 1) are not available, please provide records demonstrating how Ms. Bobo could have asserted that Request number 4 was referred to the Defense Logistics Agency but the referral was never made.

(Request 3) records referenced by DLA Contracting Officer Rebecca Bacon in p. 2 - 3, highlighted Request #4 "18_06_16_Accepted_FOIA Request SBA-2018-000862.pdf" that brought it to the DLA's attention that - for the first time in the 20 year history of the HUBZone Program - made DLA file a HUBZone status protest of JEQ&Co

(Request 4) records of all correspondence that
1) originated in the DLA Acquisitions Office and
2) referenced any of the following terms
a. "JEQ"
b. "JEQ&Co"
c. "7B1T4"
d. "HUBZone"
3. were subsequently either directly or indirectly received by either of the following individuals
a. Michael McCall, DLA Troop Support, Director of Office of Small Business
b. Rebecca Bacon, DLA Troop SUpport, Contracting Officer
4) between the dates of May 30 - 2018 to July 1, 2018

(Request 5) All records of correspondence between the DLA, SBA, and GAO concerning the those agency's cooperative subversion of
a. FAR §19.306(e)
b. C.F.R. §21.5(b)(1 - 2)
when JEQ&Co made a HUBZone status protest at the GAO under solicitation No. SPE8EE-17-T-3039

From: Defense Logistics Agency

Mr. Queern,

This is a correction email to the FOIA response sent to you on October 29, 2019. The letter attached on the email addressed the correct FOIA response; however, the FOIA request number on the body of the email and the subject line had the incorrect FOIA request number. It should've been DLA-HQ-2019-000158.

My most sincere apologies for the mixed up.

Respectfully,

Shirley Brown
FOIA and Privacy Specialist
Information Governance and Compliance (J67C)
Strategic Data and Analysis (J67)
DLA Information Operations (J6)
Defense Logistics Agency
Bldg. 2B North, Computer Room, 2b4913
ATTN: IGC
700 Robbins Avenue
Philadelphia, PA 19111
215-737-2199 (w)
267-847-6079 (c)

From: Jacob Queern

Hello DLA FOIA Chief Dixon, DLA FOIA Administrator Brown;

Please find enclosed,

"19_12_18_0808_Conflicting FOIA responses further indicative of Criminal Conduct within DLA, SBA, GAO, DOJ"

This is an e-mail you received on December 18, 2019 at 0808 EDT detailing a request for
1. the following records: records sufficient to determine what it brought it to the DLA's attention that compelled the DLA to file the 1st HUBZone status protest the DLA had ever filed against JEQ&Co
2. Please provide those records so that the date within the properties of the document reflect a date of creation prior to the date of the filing of the HUBZone status protest.
3. Please do not provide any records Ms. Bacon and / or Mr. McCall included in their submission of the HUBZone status protest because those were records Ms. Bacon and Mr. McCall actively researched. This request is for records that brought the need to file a HUBZone status protest to the agency's attention.

As you already know the SBA maintains that the SBA referred the request for these records to your office on or before August 10, 2018.

Please note that due to restrictions on providing attachments through this format, the attachments seen on p. 1 of my e-mail you received are included within this attachment.

Within the attached, "2936a038_2331Signed_20Updated_20Respnse_20Letter(properties)"...that's willful misrepresentation of material fact and a retroactively falsified record in response to Congressional FOIA DLA-LANDM-0004885.

Let's try to keep that to a minimum.

I think we can safely say that all potential remedies have been exhausted. Hope you both had a wonderful Christmas!

  • 19_12_18_0808_Conflicting20FOIA20responses20further20indicative20of20Criminal20Conduct20.pdf

  • 2936a038_2331Signed_20Updated_20Respnse_20Letterproperties.pdf

  • DLA-HQ-2020-000158 Final Disposition Letter

From: Defense Logistics Agency

The Small Business Administration (SBA), Office of Inspector General (OIG) would like to thank you for inquiry concerning the status of your complaint.
Due to confidentiality and privacy concerns related to preserving the integrity of our reviews and investigations, the SBA OIG has adopted a policy of not providing status updates or information concerning complaints filed with our office. It should also be noted that once a review has been completed, the SBA OIG may not provide specific details concerning the outcome of the complaint, particularly if the information obtained contains privileged, confidential, or personally identifiable information (PII).
Individuals desiring complaint information may submit a Freedom of Information Act (FOIA) request. For more information concerning FOIA requests, please visit https://www.foiaonline.gov/foiaonline/action/public/home or call (202) 401-8203. To submit a FOIA request, please visit https://www.foiaonline.gov/foiaonline/action/public/request . Additional information concerning the complaint review process can be found at https://www.sba.gov/oig/hotline.
Thank you again for your support of the OIG’s mission to improve the integrity, accountability, and performance of the SBA and its programs.
Sincerely,

[cid:image003.png@01D47C1A.9946B990]
Office of Inspector General
U.S. Small Business Administration
OIGHotline@SBA.gov

From: Defense Logistics Agency

The Small Business Administration (SBA), Office of Inspector General (OIG) would like to thank you for inquiry concerning the status of your complaint.
Due to confidentiality and privacy concerns related to preserving the integrity of our reviews and investigations, the SBA OIG has adopted a policy of not providing status updates or information concerning complaints filed with our office. It should also be noted that once a review has been completed, the SBA OIG may not provide specific details concerning the outcome of the complaint, particularly if the information obtained contains privileged, confidential, or personally identifiable information (PII).
Individuals desiring complaint information may submit a Freedom of Information Act (FOIA) request. For more information concerning FOIA requests, please visit https://www.foiaonline.gov/foiaonline/action/public/home or call (202) 401-8203. To submit a FOIA request, please visit https://www.foiaonline.gov/foiaonline/action/public/request . Additional information concerning the complaint review process can be found at https://www.sba.gov/oig/hotline.
Thank you again for your support of the OIG’s mission to improve the integrity, accountability, and performance of the SBA and its programs.
Sincerely,

[cid:image003.png@01D47C1A.9946B990]
Office of Inspector General
U.S. Small Business Administration
OIGHotline@SBA.gov

From: Defense Logistics Agency

The FOIA
appeal
- DLA-APP-2020-001017 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: DLA-APP-2020-001017
* Requester: Jacob Queern
* Submitted Date: 02/14/2020
* Description:
see attached documentation

From: Defense Logistics Agency

The FOIA appeal DLA-APP-2020-001017 has had its Tracking Number changed to DLA-HQ-2020-001017. This is normally due to the appeal being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this appeal are as follows:

* Old Tracking Number:
DLA-APP-2020-001017
* New Tracking Number:
DLA-HQ-2020-001017
* Requester Name:
Jacob Queern
* Date Submitted:
02/14/2020
* Long Description:
see attached documentation

From: Defense Logistics Agency

Dear Mr. Queern:
As you have been informed on multiple occasions, when a requester fails to pay overdue FOIA fees (per 32 CFR §286.12(j)(3)) “a DoD Component may require that the requester pay the full amount due, plus any applicable interest on that prior request, and the DoD Component may require that the requester make an advance payment of the full amount of any anticipated fee before the DoD Component begins to process a new request or continues to process a pending request or any pending appeal.”
DLA is invoking this requirement and has directed you to pay the applicable fees. Therefore, please remit the overdue fees no later than March 5, 2020 or we will not be able to process this appeal and it will be administratively closed.

If you have concerns, you may contact our FOIA Public Liaison, Lewis Oleinick at 571-767-6194 or lewis.oleinick@dla.mil. (mailto:lewis.oleinick@dla.mil)
Sincerely,
Kathy Dixon, Chief, FOIA and Privacy Program
571 767 6183

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