+------+------------------------------------------------+-----------+---+
|      | National Aeronautics and                       | ![](m     |   |
|      |                                                | edia/imag |   |
|      | Space Administration                           | e1.wmf){w |   |
|      |                                                | idth="1.0 |   |
|      | **John H. Glenn Research Center**              | 222222222 |   |
|      |                                                | 222221in" |   |
|      | Cleveland, OH 44135-3191                       | hei       |   |
|      |                                                | ght="0.86 |   |
|      | ***[Note: Modification 33 incorporated into    | 388888888 |   |
|      | the contract an entirely new Section C --      | 88889in"} |   |
|      | Statement of Work (SOW)]{.underline}***        |           |   |
+------+------------------------------------------------+-----------+---+
| R    | 0610 July 26, 2002                             |           |   |
| eply |                                                |           |   |
| to   | Tim Legel                                      |           |   |
| Attn |                                                |           |   |
| of:  | Director, Business Development                 |           |   |
|      |                                                |           |   |
|      | DynCorp Technical Services, LLC                |           |   |
|      |                                                |           |   |
|      | 6500 West Freeway                              |           |   |
|      |                                                |           |   |
|      | Fort Worth, TX 76116-2187                      |           |   |
|      |                                                |           |   |
|      | SUBJECT: Freedom of Information Act (FOIA)     |           |   |
|      | Request No. 02-036                             |           |   |
|      |                                                |           |   |
|      | Reference is made to your e-mail dated June 5, |           |   |
|      | 2002, wherein you agreed to accept the latest  |           |   |
|      | contract NAS3-99179 modification which         |           |   |
|      | contained the most current Statement of Work   |           |   |
|      | (SOW), which is Modification 26 and the        |           |   |
|      | original SOW. Modification 26 supercedes the   |           |   |
|      | SOW's contained in Modifications 10, 16 and    |           |   |
|      | 23. In addition, you agreed to accept          |           |   |
|      | Modification 10 which incorporates the         |           |   |
|      | original contact and modifications 1 through   |           |   |
|      | 9, except 8. This releasability determination  |           |   |
|      | addresses Modification 8, 10, and 11 through   |           |   |
|      | 28, as well as the original SOW.               |           |   |
|      |                                                |           |   |
|      | This is to advise that a releasability         |           |   |
|      | determination has been made concerning the     |           |   |
|      | documents addressed above related to NASA      |           |   |
|      | contract NAS3-99179. In making this initial    |           |   |
|      | determination, the relevant statutes, case     |           |   |
|      | law, and guidance, as well as the comments     |           |   |
|      | provided by the submitter of the information   |           |   |
|      | contained in the records and the comments      |           |   |
|      | provided by contracting officer were           |           |   |
|      | considered. Accordingly, it is my decision to  |           |   |
|      | partially deny your request for information    |           |   |
|      | contained in this contract. The basis for this |           |   |
|      | partial denial is set forth below. The         |           |   |
|      | following records have been identified as      |           |   |
|      | exempt from disclosure under the FOIA, 5       |           |   |
|      | U.S.C. § 552(b)4:                              |           |   |
|      |                                                |           |   |
|      | NASA GRC contract NAS3-99179                   |           |   |
|      |                                                |           |   |
|      | -   Modification 10, Contract Section B.5,     |           |   |
|      |     Limitation on Precontract Costs.           |           |   |
|      |                                                |           |   |
|      | -   Modification 10, Contract Section G.5 --   |           |   |
|      |     Reimbursement Ceiling Rates -- Overhead    |           |   |
|      |     percentages, Overhead Base, G&A            |           |   |
|      |     percentages, G&A Base.                     |           |   |
|      |                                                |           |   |
|      | -   Modification 27 --The ceiling rate shown   |           |   |
|      |     in Block 14C of the SF 30.                 |           |   |
|      |                                                |           |   |
|      |     The information addressed above reveals    |           |   |
|      |     the unique methods, procedures, and/or     |           |   |
|      |     techniques employed by the contractor to   |           |   |
|      |     accomplish the contract, and, therefore,   |           |   |
|      |     is considered to be confidential. The      |           |   |
|      |     initial determination has been made that   |           |   |
|      |     these items are exempt from                |           |   |
|      |                                                |           |   |
|      |     release under the Freedom of Information   |           |   |
|      |     Act, 5 U.S.C. § 552(b)(4), as "commercial  |           |   |
|      |     and financial information, and obtained    |           |   |
|      |     from a person, and privileged or           |           |   |
|      |     confidential."                             |           |   |
|      |                                                |           |   |
|      |     In order to properly and effectively       |           |   |
|      |     conduct procurements, it is necessary for  |           |   |
|      |     the Government to obtain detailed          |           |   |
|      |     technical, financial, and commercial data. |           |   |
|      |     Only through evaluation of complete and    |           |   |
|      |     accurate data of this type can the         |           |   |
|      |     Government hope to negotiate an agreement  |           |   |
|      |     that best meets its requirements, both     |           |   |
|      |     cost and technical. It is mandatory that   |           |   |
|      |     the federal                                |           |   |
|      |                                                |           |   |
|      | procurement process be handled in a manner     |           |   |
|      | that fosters and promotes uninhibited          |           |   |
|      |                                                |           |   |
|      | transmission of confidential material. In      |           |   |
|      | short, public disclosure of this information   |           |   |
|      | would undermine the integrity of the federal   |           |   |
|      | procurement process.                           |           |   |
|      |                                                |           |   |
|      | The integrity of the procurement process would |           |   |
|      | clearly be compromised if the Government were  |           |   |
|      | to disclose information such as that contained |           |   |
|      | in the exempted items outlined above. The      |           |   |
|      | disclosure of such information would dissuade  |           |   |
|      | companies from submitting confidential         |           |   |
|      |                                                |           |   |
|      | information with sufficient levels of detail,  |           |   |
|      | or indeed, from participating in future        |           |   |
|      |                                                |           |   |
|      | procurements at all. Because of the importance |           |   |
|      | to the procurement process of maximizing       |           |   |
|      | competition, the Government's needs would be   |           |   |
|      | frustrated.                                    |           |   |
|      |                                                |           |   |
|      | In addition to protecting the Government\'s    |           |   |
|      | ability to obtain necessary information,       |           |   |
|      | (b)(4) protects the competitive position of    |           |   |
|      | submitters. Disclosure of the redacted         |           |   |
|      | information could cause substantial            |           |   |
|      | competitive injury to submitters because it    |           |   |
|      | would reveal insights into their business      |           |   |
|      | practices. In short, public disclosure of this |           |   |
|      | information would undermine the integrity of   |           |   |
|      | the federal procurement process.               |           |   |
|      |                                                |           |   |
|      | Except as noted above the following documents  |           |   |
|      | are enclosed:                                  |           |   |
|      |                                                |           |   |
|      | -   Original SOW                               |           |   |
|      |                                                |           |   |
|      | -   Modifications 8, 10, and 11 through 28,    |           |   |
|      |     except the SOW's contained in              |           |   |
|      |     Modifications 10, 16 and 23                |           |   |
|      |                                                |           |   |
|      | The itemized charges for furnishing you this   |           |   |
|      | material are as follows:                       |           |   |
|      |                                                |           |   |
|      | Duplication: \$ 38.00 380 pages @ \$.10/pg.)   |           |   |
|      |                                                |           |   |
|      | Review Time: 105.00 (3 1/2 hrs @\$7.50/1/4 hr- |           |   |
|      | 2 Professionals)                               |           |   |
|      |                                                |           |   |
|      | Legal Review [33.75]{.underline} (3/4 hr. @    |           |   |
|      | \$11.25/1/4 hr.)                               |           |   |
|      |                                                |           |   |
|      | Total \$ 176.75                                |           |   |
|      |                                                |           |   |
|      | A check for the charges due should be made     |           |   |
|      | payable to the National Aeronautics and Space  |           |   |
|      | Administration. Please forward the check to:   |           |   |
|      |                                                |           |   |
|      | NASA Glenn Research Center                     |           |   |
|      |                                                |           |   |
|      | Attn: Cheri Seiler                             |           |   |
|      |                                                |           |   |
|      | 21000 Brookpark Road, M.S. 500-303             |           |   |
|      |                                                |           |   |
|      | Cleveland, OH 44135                            |           |   |
|      |                                                |           |   |
|      | Please be advised that the amount due must be  |           |   |
|      | paid in full 30 days after receipt of this     |           |   |
|      | letter. The 30-day period will begin three     |           |   |
|      | days after the date of the letter. In          |           |   |
|      | remitting your payment, please reference       |           |   |
|      | request number 02-036.                         |           |   |
|      |                                                |           |   |
|      | You may appeal this initial determination to   |           |   |
|      | the NASA Administrator. Your appeal must (1)   |           |   |
|      | be addressed to the Administrator, National    |           |   |
|      | Aeronautics and Space Administration,          |           |   |
|      | Washington, DC 20546, (2) be clearly           |           |   |
|      | identified on the envelope as an \"Appeal      |           |   |
|      | under the Freedom of Information Act,\" (3)    |           |   |
|      | include a copy of this initial determination,  |           |   |
|      | (4) to the extent possible, state the reasons  |           |   |
|      | why you believe this decision should be        |           |   |
|      | reversed, and (5) be sent to the Administrator |           |   |
|      | within 30 days of the receipt of this initial  |           |   |
|      | determination.                                 |           |   |
|      |                                                |           |   |
|      | If you need further assistance, please contact |           |   |
|      | Virginia A. Bittinger, GRC FOIA Officer, at    |           |   |
|      | (216) 433-2755 or FAX (216) 433-5489.          |           |   |
|      |                                                |           |   |
|      | Original Signed By:                            |           |   |
|      |                                                |           |   |
|      | John M. Hairston, Jr.                          |           |   |
|      |                                                |           |   |
|      | Director of External Programs                  |           |   |
|      |                                                |           |   |
|      | Enclosures                                     |           |   |
|      |                                                |           |   |
|      | cc:                                            |           |   |
|      |                                                |           |   |
|      | 0222/V.L. Hagerman                             |           |   |
+------+------------------------------------------------+-----------+---+