Fog Data Science

Tom Nash filed this request on behalf of Bennett Cyphers with the Virginia State Police of Virginia.
Tracking #

22-7820

Est. Completion None
Status
Withdrawn

Communications

From: Bennett Cyphers

To Whom It May Concern:

I am submitting the following request for records under the Virginia Freedom of Information Act.

The requested records are all those describing and relating to the relationship between this agency and Fog Data Science, LLC and any relationships between any representative of either entity. For reference, VSP granted a Sole Source Award to Fog Data Science on October 5, 2022. The purchase order/contract number for that procurement action is 156-23-017/ EP3509339. The notice of that award is attached.

I request the following records for the period between January 1, 2020 and the date on which this request is processed:

• All documents concerning or mentioning Fog Data Science, LLC and any representative thereof, including all documentation regarding Fog Reveal and any other service or software provided by or created by Fog Data Science, LLC

CONTRACT AND AGREEMENTS
• All contracts, memorandums of understanding, and any other written agreements between this agency and Fog Data Science, including all associated amendments, exhibits, and supplemental and supporting documentation.

FINANCIAL MATERIALS
• All financial documents or records of financial transactions, exchanges or obligations related to the relationship between the aforementioned entities. Responsive materials include all invoices, bills, receipts, check stubs, or any other records, including those possessed in an electronic format. This also includes any Requests for Proposal and bidding materials provided by Fog Data Science and any other entities responding to the same Request for Proposal or equivalent procurement request.

MARKETING and PROMOTION MATERIALS
• All promotional, descriptive, and marketing materials in the possession of this agency related to and/or referencing “Fog Data Science” and/or “Fog Reveal.” This includes all presentations, marketing materials, technical documentation, proposals, or similar records shared with this agency and/or any representative thereof by Fog Data Science and/or any representative thereof.

GUIDING DOCUMENTATION and POLICIES
• All policies, memorandums of understanding, and other guidance materials generated by this agency and/or any entity operating on its behalf or to its benefit (including, but not limited to, any unions, community groups, other government agencies, or individuals) regarding the acquisition and use of any data or services provided by Fog Data Science or any subdivision thereof. Responsive materials include, but are not limited to, any data-sharing agreements, terms of use, licensing agreements, and any other guiding materials.

• All user manuals, other guidance materials, help documents, or related materials obtained from Fog Data Science or the Fog Reveal platform (hosted at www.fogreveal.com)

DOCUMENTATION OF USE
• Any query logs and other data obtained from the Fog Reveal platform, including any “Signal List” CSV documents generated by the platform. Should query logs exist for any other platform, service, or software created and/or provided by Fog Data Science, these materials are also responsive to this request.

COMMUNICATIONS
• All written communications, emails, and attachments between this agency and any representative thereof and Fog Data Science and any representative thereof. Responsive materials include, but are not limited to, all communications sent to and from any “@fogdatascience.com” email address, including but not limited to:
admin@fogreveal.com
support@fogdatascience.com
info@fogdatascience.com
mmassop@fogdatascience.com
rlisk@fogdatascience.com
mbroderick@fogdatascience.com

• All written communications, emails, and attachments containing and/or referencing any of the following terms:
• Fog Data Science
• Fog Reveal
fogreveal.com
fogdatascience.com
• FDS Reveal
• FDS Portal
• FDS Reveal Portal

I ask that these materials be provided on a rolling basis; as your office collects and reviews records, I would appreciate it if your office would provide those materials to me incrementally. If possible, please provide any responsive contractual and financial materials within the statutorily-mandated public record law time frame. I would prefer communications to be provided next.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Bennett Cyphers.

  • 156-23-007_EP3509339_Fog_Data_Science_Notice_of_Award.pdf

From: Virginia State Police

Virginia State Police

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Your first Virginia State Police record request (request number #22-7820) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for your request to the Virginia Department of State Police. The Department will work to process your request and make a response to you according to the nature of the request. If you would like a cost estimate please let us know immediately when you receive this message. PLEASE NOTE: You must be logged into NextRequest PRIOR to viewing all future emails that contain messages with instruction.

Request #22-7820.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Virginia State Police

Virginia State Police

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A message was sent to you regarding record request #22-7820:

Good afternoon,

Please note that your request in its current state is overly broad. There was no parameter of time given for the request, especially for the email search. The request as it stands will cost you several thousand dollars. If you like, we can prepare a cost estimate of how much you will have to pay in advance or you can refine your request.

Please advise on how you would like to proceed.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Virginia State Police

Virginia State Police

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A message was sent to you regarding record request #22-7820:

Second Notice:

Good afternoon,

Please note that your request in its current state is overly broad. There was no parameter of time given for the request, especially for the email search. The request as it stands will cost you several thousand dollars. If you like, we can prepare a cost estimate of how much you will have to pay in advance or you can refine your request.

Please advise on how you would like to proceed.

November 28, 2022, 1:49pm by William "Kent" Shipman, FSGT Attorney / FOIA Officer (Staff).

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Bennett Cyphers

Hello,

Thanks for the acknowledgement.

The time parameter for the request is the period between January 1, 2020 and November 28, 2022. If the search is still too broad, I am happy to discuss ways to narrow it. I would appreciate more information about what particular portions of the request are overbroad. Is it possible to set up a phone call to discuss further?

Thank you.

From: Virginia State Police

Virginia State Police

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A message was sent to you regarding record request #22-7820:

Mr. Nash,

Thank you for your response.

I am adding the extension below. But please note: changes to the request may add additional days to the deadline which is unavoidable.

Due to the volume of requests and manpower constraints, it is not practical for the agency to respond in the 5 days permitted under Virginia Freedom of Information Act. You are hereby notified that, pursuant to § 2.2-3704(B)(4), the agency is entitled to, and here by asserts its right to claim, seven work days in addition to the five provided for in § 2.2-3704(B) in which to provide one of the responses set forth in § 2.2-3704.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Virginia State Police

Virginia State Police

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A message was sent to you regarding record request #22-7820:

Mr. Nash,

The main issue is that no time frame was given for the email search. If you would like to submit a time parameter for the email search that may help reduce the costs to you. Please advise on how you would like to proceed.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Virginia State Police

Virginia State Police

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A message was sent to you regarding record request #22-7820:

In reviewing your request, it is estimated that it will take at least 163 hours at an estimated cost of $4,890.00 to process. The bulk of the cost comes from the fact there are over 1800 emails that our office would have to review. Please note that our system, by design, queries each word versus an exact combination. A query generates correspondence beyond a requestor's specific interest. Thus, the total number of emails identified in response to your request are not necessarily relevant to your request. Either way, we would still have to review each email.

Before continuing to process your request, we require that you provide a deposit in the amount of $4,890.00( §2.2-3704 (H)). The deposit will be credited toward the final cost of supplying the requested documents.

 

Please forward a copy of this letter along with a check for $4,890.00, payable to the Department of State Police, Attention: Office of Legal Affairs, P.O. Box 27472, Richmond, Virginia, 23261-7472. 

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Virginia State Police

Virginia State Police

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Record request #22-7820 has been closed. The closure reason supplied was:

A cost estimate for complying with your request was forwarded on December 29, 2022. Pursuant to § 2.2-3704(F) if the public body receives no response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. Your request is therefore closed.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

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  • 11/25/2022

    156-23-007_EP3509339_Fog_Data_Science_Notice_of_Award.pdf