1300 Pennsylvania Avenue NW
Washington, DC 20229

August 19, 2017
VIA electronic mail through FOIAonline: foia@americanoversight.org
Austin R. Evers
American Oversight
1030 15th Street NW, Suite B255
Washington, DC 20005
Subject: Freedom of Information Act (FOIA) Request No. CBP-2017-065787
Dear Mr. Evers:
This is a final response to your Freedom of Information Act (FOIA) request to U.S.
Customs and Border Protection (CBP), on behalf of American Oversight, in which you
are seeking records sufficient to identify the contracting officer, source selection official,
members of any contract selection committee, and/or source selection authority for any
issued contracts, solicitations, requests for information (RFI), or requests for proposals
regarding the construction of a wall, fence, or other physical or virtual barrier along the
U.S.-Mexico border.
After careful review of your request, CBP has determined that the records sought are part
of ongoing government procurements and consist of contractor bid or proposal
information or source selection information that CBP is prohibited from releasing
pursuant to Title 5 U.S.C. §552 (b)(3), Other Disclosure Statutes; specifically 41 U.S.C. §
2102(a)(1), Procurement Integrity Act; and 41 U.S.C. § 4702(b), Prohibition on release of
contractor proposals, therefore the records will be withheld in full.
This completes the CBP response to your request. You may contact a FOIA Public
Liaison by sending an email via your FOIAonline account, or call 202-325-0150.
If you are not satisfied with the response to this request, you have a right to appeal the
final disposition. Should you wish to do so, you must file your appeal within 90 days of
the date of this letter following the procedures outlined in the DHS regulations at Title 6
C.F.R. §5.9. Please include as much information as possible to help us understand the
grounds for your appeal. You should submit your appeal via FOIAonline by clicking on
the “Create Appeal” button that appears when you view your initial request. If you do
not have computer access, you may send your appeal and a copy of this letter to: FOIA
Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street,
NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be

 marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at
www.dhs.gov/foia.
Additionally, you have a right to seek dispute resolution services from the Office of
Government Information Services (OGIS) which mediates disputes between FOIA
requesters and Federal agencies as a non-exclusive alternative to litigation. If you are
requesting access to your own records (which is considered a Privacy Act request), you
should know that OGIS does not have the authority to handle requests made under the
Privacy Act of 1974. You may contact OGIS as follows: Office of Government
Information Services, National Archives and Records Administration, 8601 Adelphi
Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at
202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Please notate file number CBP-2017-065787 on any future correspondence to CBP
related to this request.
Sincerely,

Mark S. Borkowski
Assistant Commissioner
Office of Acquisition