FOIA Request Denied

[Theone2432]

What is the name of your state (only U.S. law)? IL

All,

My FOIA request was denied by the Air Force. I requested “mechanical drawings" of a specific floor plan in base housing. I live in one of the houses and have had problems with the energy efficiency of the home from day 1 (2 years ago).

I requested the drawings to check the placement of registers in the mechanical room. I want to see the drawings before I call the maintenance department again – I want to be armed with knowledge.

The request was denied because the contractor claims that the release of the information will cause harm to the competitive advantage (see quoted response below). It makes sense that the information be kept confidential until all bids are complete and the contract is awarded; but these houses were built more than two years ago. Additionally, the contractor had to “released” drawings to the city planning department for review/approval.
It seems to me that they just don’t want me pointing out any errors in their installation.

1) How can they say that now they must be kept secret--there just mechanical drawings?
2) Does the rule even apply to this information?
3) How can a best format and frame my appeal to the ruling?

Any information would be greatly appreciated.

Thanks.
----------------------

Freedom of Information Act (FOIA) request for a copy of approved mechanical drawings (showing the location and specifications for the Heating Ventilation and Air Conditioning system and register locations) of 4364 Hercules Road, Scott AFB IL, or of the "L floor plan" for Lincoln' s Landing. Your request is denied.
The requested record contains trade secrets and financial information submitted by a source outside the Air Force with the understanding that it will be kept on a privileged or confidential basis, according to customary handling. Release will likely cause substantial harm to the competitive position of the source providing the information and/or will impair the government's ability to obtain necessary information in the future. Authority is the Freedom of Information Act, Title 5, United States Code, Section 552(b)(4).
If you find our decision to be adverse in nature, you may appeal by writing to the Secretary of the Air Force
-----------------------------What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[FlyingRon]

Nope, the stuff is confidential until the bidder releases it. It maters not if they were awarded the property or not. If the records are available at the building department, try pulling it there.

 

[Theone2432]

Appeal I Will

Thanks for the input.

I going to draft an appeal anyway. And if that doesn't work I am thinking of contacting local news media and my Congressional representatives--after I pay out of pocket for an energy audit of the house.

The way I see it is; whether they want to release the info or not they built crap houses with tax dollars and everyone needs to be aware of that.

Cheers.

 

[HighwayMan]

Why don't you just go look at the part of the house you have questions about. Don't you have access to the entire house?

 

[FlyingRon]

Further FOIA is a bad way to get information for a court case. If you actually file the lawsuit you have discovery and subpoena options which have more teeth than FOIA.

 

[justalayman]

something isn't making any sense to me.

My FOIA request was denied by the Air Force. I requested “mechanical drawings" of a specific floor plan in base housing. I live in one of the houses and have had problems with the energy efficiency of the home from day 1 (2 years ago).

I requested the drawings to check the placement of registers in the mechanical room. I want to see the drawings before I call the maintenance department again – I want to be armed with knowledge.

You are doing this because you want to gripe about a some particular room being too cold or to warm?

It seems to me that they just don’t want me pointing out any errors in their installation.

I don't think they really care what you point out. Unless you can prove the installation was not a legally acceptable installation, you complaining means nothing.

and in that same vein: as long as it is legal, you have no argument. Legality is based in code and code gives requirements for installations but strangely enough, code does not require a system work worth a damn.