Department of Energy(DOE)

November 27, 2020 Dear Rigoberto Tiglao, Greetings! Thank you for your request dated Apr 27, 2020 08:58:25 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. We apologize for the late reply. Your request, SERVICE CONTRACT 28 (Message typo, should be 38). As per your request on data regarding Service Contract (SC) 38, the Department cannot divulge such information. This is due to Exceptions to Right of Access to Information Nos. 2.b, 7.b and 9.a.1, which states that, as recognized by the Constitution, existing laws, or jurisprudence: “2. Privileged information relating to national security, defense or international relations: b. Diplomatic negotiations and other information required to be kept secret in the conduct of foreign affairs; 7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged, including but not limited to the following: b. Matters involved in an Investor-State meditation; 9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations, such as: a. Those deemed confidential pursuant to treaties, executive agreements, other international agreements, or international proceedings, such as: (1) When the disclosure would prejudice legitimate commercial interest or competitive position of investor-states pursuant to investment agreements;” Also, in an Annex for the Exceptions to Right of Access to Information, a List of Exceptions for the Energy Resource Development Bureau (ERDB) is listed: “1. All information/data/reports covered by the ‘Confidentiality Clause’ of the Coal Operating Contracts and Petroleum Service Contracts; 2. All provisions related to the trade, industrial, financial or commercial secrets of the company which are proprietary and confidential in nature; 3. Details of the evaluation process and their corresponding internal memoranda and other forms of communications; 4. Any result derived from any Technical, Financial and Legal evaluations for application for award of contract, revision of work program, transfer of interest, etc. prior to their final approval.” We hope that you understand our conditions for sharing the requested information. Regards, Thank you. Respectfully, Energy Resource Development Bureau FOI Receiving Officer