WVU 90003575W

Ms. Long,
By e-mail considered received on Friday, April 15, 2016, pursuant to the West Virginia Freedom of Information Act ("W. Va. FOIA"), you submitted a request for the following:

1. "Copies of all bid and proposal for Request for Proposals No. 90003575W"
2. "Copies of all email and attachments containing the following keywords: '90003575W'"
3. "Copies of all non-electronic records containing the keyword: '90003575W'"

With respect to your request please be advised that until the procurement process related to the referenced proposal has concluded, the potentially responsive records are exempt from disclosure. See W. Va. Code § 29B-1-4(a)(1); W. Va. Code § 29B-1-4(a)(5); W. Va. Code § 6-9A-4(b)(9)(exempting from disclosure records related to information having commercial value and/or involve commercial competition). The withheld documents contain information involving or affecting matters involving commercial competition, which if made public at this time, might adversely affect the financial or other interest of the state. Please feel free to submit a new W. Va. FOIA request in the future after the contract is finalized and the process is completed.

Further, please note that if you do file again in the future please be more specific with respect to parts (2) and (3) of your request. With respect to portions of your request involving e-mail or communications, the University requests that employee names and a definite time period be provided such that an unreasonable effort is not required to locate, review, and process the volume of potentially responsive records. See W. Va. Code § 29B-1-3(d)(requiring that "[a]ll [W. Va. FOIA] requests for information must state with reasonable specificity the information sought"). This is important because it limits the time and expense associated with processing the request. See Assassination Archives & Research Ctr. v. Cent. Intelligence Agency, 720 F. Supp. 217, 219 (D.D.C. 1989)(noting that FOIA "was not intended to reduce government agencies to full-time investigators on behalf of requesters").

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, and defenses, as appropriate. Further, as required by W. Va. Code § 29B-1-3(d),<http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29b&art=1&section=3> please be advised that this request is now at an end.

Thank you.

Harry P. Montoro, Esq.
Freedom of Information Act Officer
West Virginia University
1 Medical Center Drive, Suite 5700
P.O. 9030
Morgantown, WV 26506
Phone: 304.293.3488
Fax: 304.293.1562

Ms. Long,
By e-mail considered received on Wednesday, May 25, 2016, pursuant to the West Virginia Freedom of Information Act (“W. Va. FOIA”), you submitted a request for the following:

1. “Copies of all bid and proposal for Request for Proposals No. 90003575W[.] Time Period: 01/01/2016 - 05/24/2016[.]”
2. “Copies of all email and attachments containing the following keywords: "90003575W"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”
3. “Copies of all non-electronic records containing the keyword: "90003575W","Electronics Recycling"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”

With respect to your request please be advised that until the procurement process related to the referenced proposal has concluded, the potentially responsive records are exempt from disclosure. See W. Va. Code § 29B-1-4(a)(1); W. Va. Code § 29B-1-4(a)(5); W. Va. Code § 6-9A-4(b)(9)(exempting from disclosure records related to information having commercial value and/or involve commercial competition). The withheld documents contain information involving or affecting matters involving commercial competition, which if made public at this time, might adversely affect the financial or other interest of the state. Please feel free to submit a new W. Va. FOIA request in the future after the contract is finalized and the process is completed.

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, and defenses, as appropriate. Further, as required by W. Va. Code § 29B-1-3(d),<http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29b&art=1&section=3> please be advised that this request is now at an end.

Thank you.

Harry P. Montoro, Esq.
Freedom of Information Act Officer
West Virginia University
1 Medical Center Drive, Suite 5700
P.O. 9030
Morgantown, WV 26506
Phone: 304.293.3488
Fax: 304.293.1562

Ms. Long,

As of June 1, 2016, a contract has not been signed and executed concerning RFP 90003575W. Until the contract is signed and executed, the potentially responsive records are exempt from disclosure. See W. Va. Code § 29B-1-4(a)(1); W. Va. Code § 29B-1-4(a)(5); W. Va. Code § 6-9A-4(b)(9)(exempting from disclosure records related to information having commercial value and/or involve commercial competition). The withheld documents contain information involving or affecting matters involving commercial competition, which if made public at this time, might adversely affect the financial or other interest of the state. Please feel free to submit a new West Virginia Freedom of Information Act request in the future after the contract is finalized and the process is completed.

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, and defenses, as appropriate. Further, as required by W. Va. Code § 29B-1-3(d),<http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29b&art=1&section=3> please be advised that this request is still at an end.

Thank you.

Harry P. Montoro, Esq.
Freedom of Information Act Officer
West Virginia University
1 Medical Center Drive, Suite 5700
P.O. 9030
Morgantown, WV 26506
Phone: 304.293.3488
Fax: 304.293.1562

Ms. Long,
I am interpreting your below June 6, 2016, e-mail as a resubmission and new request pursuant to the West Virginia Freedom of Information Act. Specifically, you are seeking the following:

1. “Copies of all bid and proposal for Request for Proposals No. 90003575W[.] Time Period: 01/01/2016 - 05/24/2016[.]”
2. “Copies of all email and attachments containing the following keywords: "90003575W"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”
3. “Copies of all non-electronic records containing the keyword: "90003575W","Electronics Recycling"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”

Due to the breadth and scope of this request and the fact that I am presently processing other previously filed public records requests that will likely yield a significant amount of responsive documents, more time is needed to search, gather, review, and process this request. WVFOIA Procedure 1; Farley v. Worley, 215 W. Va. 412, 422, 425 n.14, 16, 599 S.E.2d 835, 846, 848 n.14, 16 (2004); John Doe Agency v. John Doe Corp., 493 U.S. 146, 157 (1989). Accordingly, an updated response will be provided to you on or before Thursday, June 30, 2016. I appreciate your patience as I work through this and other document requests. From time to time during the processing of this request, I will provide you with updates regarding the schedule for completion. If you are seeking a specific document or desire to limit your request in order to streamline the search process please feel free to file an amended request or contact my office.

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, and defenses, as appropriate.

Thank you.

Harry P. Montoro, Esq.
Freedom of Information Act Officer
West Virginia University
1 Medical Center Drive, Suite 5700
P.O. 9030
Morgantown, WV 26506
Phone: 304.293.3488
Fax: 304.293.1562

Ms. Long,
By e-mail considered received on June 6, 2016, pursuant to the West Virginia Freedom of Information Act you submitted a request for the following:

1. “Copies of all bid and proposal for Request for Proposals No. 90003575W[.] Time Period: 01/01/2016 - 05/24/2016[.]”
2. “Copies of all email and attachments containing the following keywords: "90003575W"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”
3. “Copies of all non-electronic records containing the keyword: "90003575W","Electronics Recycling"[.] Time Period: 01/01/2016 - 05/24/2016[.] Employee Names: Traci Knabenshue, Terry Caster, Cody Winiesdorffer, John Principe[.]”

Previously on June 9, 2016, you were notified that additional time was needed to process this request. In final response to your request and after a reasonable search, I have located four hundred and fifty nine (459) pages of responsive documents, attached and Bates numbered WVU FOIA #16157-001 to WVU FOIA #16157-459.

With respect to your request, please be advised that information related to other unrelated procurements that have not concluded are exempt from disclosure and have been redacted. See W. Va. Code § 29B-1-4(a)(1); W. Va. Code § 29B-1-4(a)(5); W. Va. Code § 6-9A-4(b)(9)(exempting from disclosure records related to information having commercial value and/or involve commercial competition). The redacted documents contain information involving or affecting matters involving commercial competition, which if made public at this time, might adversely affect the financial or other interest of the state. Further, portions of the responsive documents have been redacted given that the vendors marked the information as confidential or proprietary. W. Va. Code § 29B-1-4(a)(1) (“Trade secrets, as used in this section, which may include, but are not limited to, any . . . process. . ., or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to . . . produce . . . a service . . . having commercial value, and which gives its users an opportunity to obtain . . . advantage over competitors”); see also Mac-Gray Services, Inc. v. West Va. Univ., 05-C-436, (Mon. County Cir. Ct. Mar. 16, 2006)(noting that the trade secret exemption may be invoked by a public body to the advantage of a corporation or person to be protected). In addition, please note that draft documents and documents reflecting the deliberative, decision-making process of the University are exempt from disclosure. W. Va. Code § 29B-1-4(a)(1) and (8) and Highland Mining Co. v. W. Va. Univ. Sch. of Med., 2015 W. Va. LEXIS 679 (W. Va. May 21, 2015). Finally, in limited instances, duplicative attachments are not being provided. That said, if you would like to review a specific attachment, please submit a request identifying the specific attachment you would like to review.

Please note that regardless of the production of these or other related documents, West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, or defenses, as appropriate. Further, as required by W. Va. Code § 29B-1-3(d),<http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29b&art=1&section=3> please be advised that this request is at an end.

Thank you.

Harry P. Montoro, Esq.
Freedom of Information Act Officer
West Virginia University
105 Stewart Hall
P.O. Box 6204
Morgantown, WV 26506-6204
Phone: 304.293.3488
Fax: 304.293.5752