I submitted a Freedom of Information Act request to the Federal Government in early April, 2015, seeking the release of the "cost per unit" paid by TSA to implant Sciences Corporation under the $162Million IDIQ purchase of B220 explosive trace detection units. Today (September 22, 2016) some 17 months later I finally received my formal response which I have copied herein. The answer being...... We won't tell You.
Don't you love that government transparency.
U.S. Department of Homeland Security
Freedom of Information Act Branch
601 South 12th Street
Arlington, VA 20598-6020
September 22, 2016
3600.1
Case Number: 2015-TSFO-00173
Dear Mr. :
This letter responds to your Freedom of Information Act (FOIA) request dated April 06, 2015, addressed to the Transportation Security Administration (TSA) FOIA Branch seeking access to a copy of “the bid summary for the 2014 TSA solicitation which resulted in Implant Sciences being awarded a $162 Million IDIQ for its B-220 Explosive Trace Detection Screening units. Specifically the effective cost per unit.”
The processing of your request identified certain materials that are being withheld in their entirety pursuant to the Freedom of Information Act, 5 U.S.C. § 552(b)(3), which allows for the withholding of records specifically exempted from disclosure by statute. Please refer to the Applicable Exemptions list at the end of this letter that identifies the authority for withholding the exempt material, which is indicated by a mark appearing in the block next to the exemption. An additional enclosure with this letter explains these exemptions in more detail.
The rules and regulations of the Transportation Security Administration applicable to Freedom of Information Act requests are contained in the Code of Federal Regulations, Title 6, Part 5. They are published in the Federal Register and are available for inspection by the public.
Fees
There are no fees associated with processing this request because the fees incurred do not exceed the minimum threshold necessary for charge.
Administrative Appeal
In the event that you wish to appeal this determination, an administrative appeal may be made in writing to Kimberly Walton, Assistant Administrator, Office of Civil Rights & Liberties, Ombudsman and Traveler Engagement (CRL/OTE), Transportation Security Administration, 601 South 12th Street, East Building, E7-121S, Arlington, VA 20598-6033. Your appeal must be submitted within 90 days from the date of this determination. It should contain your FOIA request number, (2015-TSFO-00173), and, to the extent possible, the reasons why you believe the initial determination should be reversed. In addition, the envelope in which the appeal is mailed should be prominently marked “FOIA Appeal.” Please note that the Assistant Administrator’s determination of the appeal will be administratively final.
If you have any questions pertaining to your request, please feel free to contact the FOIA Branch at
1-866-364-2872 or at 1-571-227-2300.
Sincerely,
Regina McCoy
FOIA Officer
Summary:
Number of Pages Withheld in Full: 30
APPLICABLE EXEMPTIONS
FREEDOM OF INFORMATION ACT AND/OR PRIVACY ACT
Freedom of Information Act (5 U.S.C. 552)
(b)(1) (b)(2) (b)(3) (b)(4) (b)(5) (b)(6)
(b)(7)(A) (b)(7)(B) (b)(7)(C) (b)(7)(D) (b)(7)(E) (b)(7)(F)
Enclosures
FREEDOM OF INFORMATION ACT
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
Transportation Security Administration (TSA) FOIA Branch applies FOIA exemptions to protect:
Exemptions
Exemption (b)(1): Records that contain information that is classified for national security purposes.
Exemption (b)(2): Records that are related solely to the internal personnel rules and practices of an agency.
Exemption (b)(3): Records specifically exempted from disclosure by Title 41 U.S.C. Section 2101, which exempts from disclosure contract bids, proposals and source selection information.
Exemption (b)(4): Records that contain trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
Exemption (b)(5): Inter- or intra-agency records that are normally privileged in the civil discovery context. The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege:
? Deliberative process privilege – Under the deliberative process privilege, disclosure of these records would injure the quality of future agency decisions by discouraging the open and frank policy discussions between subordinates and superiors.
? Attorney work-product privilege – Records prepared by or at the direction of a TSA attorney.
? Attorney-client privilege – Records of communications between an attorney and his/her client relating to a matter for which the client has sought legal advice, as well as facts divulged by client to attorney and any opinions given by attorney based on these.
Exemption (b)(6): Records that contain identifying information that applies to a particular individual when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy.” This requires the balancing of the public’s right to disclosure against the individual’s right to privacy.
Exemption (b)(7)(A): Records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information…could reasonably be expected to interfere with law enforcement proceedings.
Exemption (b)(7)(C): Records containing law enforcement information when disclosure “could reasonably be expected to constitute an unwarranted invasion of personal privacy” based upon the traditional recognition of strong privacy interests ordinarily appropriated in law enforcement records.
Exemption (b)(7)(E): Records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
Exemption (b)(7)(F): Records containing law enforcement information about a person, in that disclosure of information about him or her could reasonably be expected to endanger his or her life or physical safety.
