Procurement software and processes (City of Verona FOIA)

I, Jennifer Kiernan, the official Records Custodian of the Township of
Verona, received your OPRA request today. As such, the seven (7) business
day deadline to respond to your request is June 23, 2020. This response to
your request is being provided to you immediately upon the custodian’s
receipt of said request.

Your OPRA request sought access to the following: "
*All documents signed with procurement software or software to create and
public RFI, RFQ, RFP this agency uses or used in the past five years."*

The documents responsive to that request are attached.

The remainder of your request seeks information or asks questions and does
not identify specific government records. As such, your request is an
invalid OPRA request and is denied. When a request is “complex” because it
fails to specifically identify the documents sought, then that request is
not “encompassed” by OPRA. See *New Jersey** Builders Association v. New
Jersey Council on Affordable Housing*, 390 *N.J.Super.* 166, 180 (App. Div.
2007). A proper request under OPRA must identify with reasonable clarity
those documents that are desired, and a party cannot satisfy this
requirement by simply requesting all of an agency's documents. See *Ben**t
v. Stafford Police Department*, 381 *N.J.Super*. 30, 37 (App. Div. 2005).
Custodians are not required to conduct research or create new records in
response to an OPRA request.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Township of Verona to deny access.
At your option, you may either institute a proceeding in the Superior Court
of New Jersey or file a complaint with the Government Records Council (GRC)
by completing the Denial of Access Complaint Form. You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their web site at
www.state.nj.us/grc. The GRC can also answer other questions about the
law. All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.

On Thu, Jun 11, 2020 at 8:50 PM <requests@muckrock.com>
wrote:

>
> City of Verona FOIA
> OPRA Office
> Verona Town Hall
> 600 Bloomfield Ave
> Verona, NJ 07044
>
> June 11, 2020
>
> To Whom It May Concern:
>
> Pursuant to the New Jersey Open Public Records Act, I hereby request the
> following records:
>
> 1. All documents signed with procurement software or software to create
> and publish RFI, RFQ, RFP this agency uses or used in the past five years.
>
> Additionally, if possible, please answer the following four questions:
> a. What is the name of the procurement software you use (or the name of
> the software you use to create and publish RFI, RFQ, RFP)?
> b. What is the annual cost for this software?
> c. When did the most recent contract with the software provider begin?
> d. Do you use your ERP system to manage the process of RFI, RFQ, RFP?
>
> If there are any fees required to fulfill this request, please let me know
> in advance of fulfilling my request.
>
> Thank you,
>
> Arie Bronshtein
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
> Upload documents directly:
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>
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> MuckRock News
> DEPT MR 95216
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
>
--
Jennifer Kiernan, RMC
Municipal Clerk
Township of Verona
600 Bloomfield Avenue
Verona, NJ 07044