Policy Letter

POGO's FOIA Request for Contractor Responsibility Database Information

General Services Administration

FOIA Requester Service Center (ACMC)

1800 F Street, NW, Room 3116

Washington, DC 20405

Sent by Facsimile: (202) 501-2727

Re: Freedom of Information Act Request

Dear FOIA Officer:

I am making this request under the Freedom Of Information Act ("FOIA"), 5 U.S.C. § 552. Please provide records that are maintained by an agency or for an agency by a government contractor in any format, including an electronic format.

Please provide all records, including:

1. All information pertaining to administrative, civil, and criminal proceedings, included in the Federal Awardee Performance and Integrity Information System (FAPIIS) as of the date this request is substantively considered;

2. Any covered person’s comments pertaining to information about such person included in FAPIIS; and

3. All records documenting the manner in which the material in the database was considered by government officials in any responsibility determination or past performance evaluation.

I request a waiver of all costs associated with fulfilling this submission pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) and 41 C.F.R. § 105-60.305-13. Disclosure of the requested records will contribute significantly to the public’s understanding of the operations or activities of the government and would not be primarily in the commercial interest of POGO. Specifically, POGO intends to use the requested records to highlight the federal contract spending system and how the government holds contractors accountable. POGO will use the requested records to improve the public’s understanding of government operations and activities. See the attached Fee Waiver Supplement.

Founded in 1981, the Project On Government Oversight (POGO) is an independent nonprofit that investigates and exposes corruption and other misconduct in order to achieve a more effective, accountable, open, and ethical federal government. POGO disseminates information about its activities to thousands of concerned citizens, policymakers, and the media via email, direct mail, and its web site http://www.pogo.org, which receives over 500,000 hits monthly. The records provided by the agency will be used for the following activities: publication by email and on our website; publication in reports and newsletters issued by POGO; publication in the newsletters of affiliated nonprofit organizations; efforts to educate Congress, the Executive Branch, and other policymakers in Washington, DC; or investigational projects conducted in conjunction with the news media.

If this request is denied in full or in part, please cite each exemption pursuant to 5 U.S.C. § 552(b) that justifies each denial. If an exemption applies, however, please consider exercising the agency's discretionary release powers to disclose the records. Any such action supports the presumption of "openness" on which FOIA is based. Additionally, please release all reasonably segregable portions of the records that do not meet an exemption. 5 U.S.C. § 552(b).

I look forward to your response, including an individualized tracking number, within 20 days of the receipt of this request, unless, in the case of "unusual circumstances," the time limitation is "extended by written notice." 5 U.S.C. § 552(a)(6)(B). I am aware that all fees will be waived if specified time limits are not met. 5 U.S.C. § 552(a)(4)(A)(viii). I have a right to appeal if this request is wholly or partially denied or if the agency fails to respond within 20 days, and that, if successful, a federal district court may assess "reasonable attorney fees and other litigation costs." 5 U.S.C. § 552(a)(4)(E).

Please contact me if this request requires further clarification. Thank you for your prompt attention to this matter.


Scott H. Amey

General Counsel

Project On Government Oversight

[email protected]