1300 Pennsylvania Avenue NW Washington, DC 20229 U.S.Customs and Border Protection Released through FOIAonline account November 15, 2018 CBP-2017-091929 Austin Evers American Oversight Washington, DC 20005 Dear Mr. Evers: As agreed to in American Oversight v. U.S. Department of Homeland Security, et at., Case No. 1:18-cv-00305-RDM (D.C.), this is the 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 reflecting communications between CBP, and anyone in the White House Office regarding (1) the decision whether to award or not award any contractor a contract to construct a prototype of the wall, fence, or other physical barrier to be constructed along the U.S.Mexico border; (2) any discussion of the evaluation of any submitted proposal to construct such a prototype; or (3) any guidance, direction, or decision regarding whether or how to make such an award. A search of CBP databases produced 137 pages of records responsive to your request. CBP has determined that seven (7) pages will be released in full and no exemptions have been applied, 19 pages will be withheld in full pursuant to Title 5 U.S.C. § 552 (b)(5), and 61 pages are partially releasable pursuant to Title 5 U.S.C. § 552 (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E). Additionally, the following documents totaling 50 pages are publically available at their corresponding links: Buy American Act and FAR (15 pages) available at https://fas.org/sgp/crs/misc/R43140.pdf, Buy American and Hire American (3 pages) https://www.gpo.gov/fdsys/pkg/FR-2017-04-21, and Buy American Domestic Content Restrictions (32 pages) https://fas.org/sgp/crs/misc/R43354.pdf, each link last accessed on November 14, 2018. Uploaded to your FOIAonline account are 87 pages with certain information withheld as described below: FOIA Exemption (b)(5) exempts from disclosure those inter- or intra-agency documents that are normally privileged in the civil discovery context. The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege. After carefully reviewing the responsive documents, I have determined that portions of the responsive documents qualify for protection under the Deliberative Process Privilege: The types of records withheld under this privilege are drafts of documents and briefings and expressions of candid opinions, the release of which would discourage or inhibit the free and frank exchange of information among agency personnel. And Attorney-Client Privilege, the type of information withheld under this privilege is legal advice between the Office of Chief Counsel and members of CBP. FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right privacy. The types of documents and/or information that we have withheld may consist of birth certificates, naturalization certificates, driver license, social security numbers, home addresses, dates of birth, or various other documents and/or information belonging to a third party that are considered personal. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. FOIA Exemption (b)(7)(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. CBP has determined that disclosure could reasonably be expected to risk circumvention of the law This completes CBP’s response to your request. If you have questions or concerns regarding this interim response, you may contact Assistant United States Attorney Brian Field at 202-252-2551 or brian.field@usdoj.gov. Please notate file number CBP-2017-091929 on any future correspondence to CBP related to this request. Sincerely, Jodi Drengson FOIA Analyst, FOIA Division Office of Diversity and Civil Rights From: To: Cc: Subject: Date: SMITH, BRENDA BROCKMAN ALLES, RANDOLPH D FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) RE: National Trade Council Meeting on Buy American Provisions for Border Wall Wednesday, March 15, 2017 3:46:48 PM - I will work with(b) (6) to make sure we have the right people there, and will catch up with you before Friday. Brenda B. Smith Executive Assistant Commissioner Office of Trade US Customs and Border Protection 1400 L St., NW  12th floor Washington, DC  20229 Email: (b)(6) (b)(7)(c) Phone: (b) (6), (b) (7)(C) Please contact (b) (6), (b) (7)(C) or (b)(6) (b)(7)(c) for calendar information. -----Original Message----From: ALLES, RANDOLPH D Sent: Wednesday, March 15, 2017 3:26 PM To: SMITH, BRENDA BROCKMAN (b)(6) (b)(7)(c) Cc: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: National Trade Council Meeting on Buy American Provisions for Border Wall No input from me or C1 to my knowledge.  Please ensure attendance.  Let's talk for a few minutes before Friday. V/R R. D. “Tex” Alles, (b) (6), (b) (7)(C) (O) -----Original Message----From: SMITH, BRENDA BROCKMAN Sent: Wednesday, March 15, 2017 14:57 To: ALLES, RANDOLPH D (b)(6) (b)(7)(c) Cc: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: FW: National Trade Council Meeting on Buy American Provisions for Border Wall Deputy - I assume we had something to do with the scheduling of this meeting - but wanted to be sure that you had visibility.  Who would you recommend attends to represent CBP? Brenda Brenda B. Smith Executive Assistant Commissioner Office of Trade US Customs and Border Protection 1400 L St., NW  12th floor Washington, DC  20229 BW14 FOIA CBP 000001 DHS-17-0426-B-000001 (b)(6) (b)(7)(c) Email: Phone: (b) (6), (b) (7)(C) Please contact (b) (6), (b) (7)(C) -----Original Message----From: Gray, Alexander B. EOP/WHO (b) (6) Sent: Wednesday, March 15, 2017 2:51 PM To: Diaz-Rosillo, Carlos E. EOP/WHO (b) (6) or (b)(6) (b)(7)(c) for calendar information. SMITH, BRENDA BROCKMAN (b)(6) (b)(7)(c) Vaughn, Stephen P. EOP/USTR(b) (6) Griffin, Payne P. EOP/USTR Morrell, David M. EOP/WHO (b) (6) Cc: Navarro, Peter K. EOP/WHO(b) (6) Subject: National Trade Council Meeting on Buy American Provisions for Border Wall (b) (6) All, I'd like to propose a meeting at the White House, facilitated by the National Trade Council, to discuss the Buy American challenges involving the Border Wall. For those who have not followed this closely, CBP requires certain (b) (4) this. This meeting should include the relevant lawyers from your agencies who have worked on this issue and any policy staff you feel should attend. The goal of this meeting is an agreed path forward to ensure that Buy American is the prevailing policy for this project going forward and that all stakeholders are on the same page regarding the legal authorities/waivers required to proceed. Given the impending RFP for the Wall prototype and the urgency of resolving this issue satisfactorily, I would like to schedule this meeting tentatively for this Friday at 2PM in EOB 160A. Please let me know who will be attending from your shop and I will send you a calendar invitation. Thanks, Alex Alexander B. Gray Special Assistant to the President Deputy Director for the Defense Industrial Base White House National Trade Council BW14 FOIA CBP 000002 DHS-17-0426-B-000002 From: To: Cc: Subject: Date: KOLBE, KATHRYN ALLES, RANDOLPH D; FRIEL, MICHAEL J; CALVO, KARL H. FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) RE: First 100 Days Talkers Wednesday, April 19, 2017 9:33:22 PM LOWRY, KIM M Will do, sir     From: ALLES, RANDOLPH D Sent: Wednesday, April 19, 2017 8:13 PM To: FRIEL, MICHAEL J (b)(6) (b)(7)(c) KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) CALVO, KARL H. (b)(6) (b)(7)(c) Cc: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) LOWRY, KIM M (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers Ok, let's pull something together by 0800. S/F R. D. Alles, (b) (6), (b) (7)(C) (Cell) From: FRIEL, MICHAEL J Sent: Wednesday, April 19, 2017 7:58:33 PM To: ALLES, RANDOLPH D; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) M Subject: FW: First 100 Days Talkers LOWRY, KIM Deputy Commissioner, EAC Kolbe, AC Calvo, FYSA, see the below from the WH through DHS OPA requesting TPs for basic milestones achieved so far and next steps with the wall that can be used for POTUS' first 100 day messaging. They need these points by 9 am tomorrow. Seeking Enterprise Services' assistance with these points to ensure they reflect the latest developments. R/S Mike From: (b) (6) BW14 FOIA CBP 000003 DHS-17-0426-B-000003 Sent: Wednesday, April 19, 2017 7:45:22 PM To: (b) (6) Cc: FRIEL, MICHAEL J; (b) (6) Subject: FW: First 100 Days Talkers (b) (6) Can you assist with this one? Customs and Border Protection is the lead for the wall construction. They can provide some details but now that it's in the procurement process, there are some limitations to what they can release. Copying Mike Friel at CBP to direct you to the right people there. Kelly also sent this in a separate email -- any stat that indicates the breakneck speed of the procurement process of the Wall and/or internal dates of completion would be greatly appreciated. We want to show you guys are moving fast on this, as it's one of your top priorities. Thanks again! Thanks, (b) (6) -----Original Message----From: Sadler, Kelly J. EOP/WHO (b) (7)(E) Sent: Wednesday, April 19, 2017 5:19 PM To: (b) (6) Cc: Rateike, Bradley A. EOP/WHO (b) (6) Subject: First 100 Days Talkers Importance: High (b) (6) First, let me introduce myself. I'm Kelly Sadler, and I'm responsible for the White House's talking points for the First 100 Days. I've cc'd Brad, who gave me your contact information. The President wants to emphasize progress on the wall. Do you know how many contractors have bid on it? Where are we in the contracting process? Does the list suggest widespread interest? What are the next steps, and what can you identify as concrete examples of progress being made? Any facts or statistics that can illustrate progress would be much appreciated. If you could get me some talkers no later than 9am tomorrow AM that would be great. My deadline is tomorrow at noon and I want to have the most recent stats available. These will be talkers the President and Sec. Kelly will be using. Any past talkers you've given to Sec. Kelly, if you could also forward me, that would be great. Best, Kelly Kelly Riddell Sadler Special Assistant to the President (b) (6) BW14 FOIA CBP 000004 DHS-17-0426-B-000004 FOIA CBP DHS-17-0426-B-000005   (b)(6) (b)(7)(c) From: MCALEENAN, KEVIN K Sent: Monday, March 13, 2017 12:31 PM To: Navarro, Peter K. EOP/WHO (b) (6) Cc: Nielsen, Kirstjen (b) (6) Subject: Quick update - Buy American issue for Wall   Director Navarro,   (b) (5)   KM   Kevin K. McAleenan Acting Commissioner U.S. Customs and Border Protection (b) (6), (b) (7)(C) We are the guardians of our Nation’s borders. We are America’s frontline. Vigilance • Service • Integrity     BW14 FOIA CBP 000006 DHS-17-0426-B-000006 From: To: Cc: Subject: Date: Attachments: KOLBE, KATHRYN ALLES, RANDOLPH D LOWRY, KIM M; FLANAGAN, PATRICK S FW: First 100 Days Talkers Thursday, April 20, 2017 8:44:39 AM (b) (5) Sir, Draft POTUS Talking Points are attached. VR, KK Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) From (b)(6);(b)(7)(C) Sent: Thursday, April 20, 2017 8:17 AM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc: CALVO, KARL H. (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers Attached please find the requested TPs. Input from OA has been incorporated. Standing by for feedback.   • has cleared. (b)(6);(b)(7) (b)(6);(b)(7)(C) From: KOLBE, KATHRYN Sent: Thursday, April 20, 2017 6:55 AM To: (b)(6) (b)(7)(c) Cc (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - (b)(6);(b)(7)(C) What time should I expect to see a draft? Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection Office (b)(6);(b)(7)(C) BW14 FOIA CBP 000007 DHS-17-0426-B-000007 (b) (6), (b) (7)(C) From:(b) (6), (b) (7)(C) Sent: Wednesday, April 19, 2017 10:24 PM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc: CALVO, KARL H.(b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - Kathryn, (b) (6), We are on it, needs input from OA, Karl saw it and forwarded to them, (b) (7) acknowledged, will push first thing in AM. - (b) (6), (b) (7)(C) From: KOLBE, KATHRYN Sent: Wednesday, April 19, 2017 10:02:48 PM To: (b) (6), (b) (7)(C) Subject: FW: First 100 Days Talkers (b) (6), (b) (7)(C) Just realized that Karl will be out tomorrow on leave & I’m unsure if he received the below note. Please send me your proposed talking points for POTUS before 8am to review & forward to C2. Thanks…VR, KK Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) From: KOLBE, KATHRYN Sent: Wednesday, April 19, 2017 9:39 PM To: CALVO, KARL H. (b)(6) (b)(7)(c) Cc: (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers Karl, Please send these to me before 8am to review & I’ll forward. Thank you…VR, KK BW14 FOIA CBP 000008 DHS-17-0426-B-000008 Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) From: CALVO, KARL H. Sent: Wednesday, April 19, 2017 8:05 PM To: FRIEL, MICHAEL J (b)(6) (b)(7)(c) ALLES, RANDOLPH D (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) KOLBE, KATHRYN Cc: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) LOWRY, KIM M (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) BORKOWSKI, MARK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - All, (b) (6), OFAM will provide talking points on overall progress. I've looped in Mark and (b) (7)(C)to provide messaging on the procurement process referenced below as there would procurement sensitive info we need to be careful in how it's shared. - - (b) (6), (6), (b) Mark(b) Pls send your input to (b) (7) to consolidate. Thx. (7) C) V/r Karl From: FRIEL, MICHAEL J Sent: Wednesday, April 19, 2017 7:58:33 PM To: ALLES, RANDOLPH D; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S;(b) (6), (b) (7)(C) M Subject: FW: First 100 Days Talkers LOWRY, KIM Deputy Commissioner, EAC Kolbe, AC Calvo, FYSA, see the below from the WH through DHS OPA requesting TPs for basic milestones achieved so far and next steps with the wall that can be used for POTUS' first 100 day messaging. They need these points by 9 am tomorrow. Seeking Enterprise Services' assistance with these points to ensure they reflect the latest developments. R/S BW14 FOIA CBP 000009 DHS-17-0426-B-000009 BW14 FOIA CBP 000010 DHS-1 7-0426-B-00001 0 BW14 FOIA CBP 000011 DHS-1 7-0426-B-000011 FOIA CBP 00DD12 DHS-17-0426-B-000012 BWM FOIA CBP DHS-17-0426-B-000013 FOIA CBP DHS-17-0426-B-000014 FOIA CBP 00DD15 DHS-17-0426-B-000015 FOIA CBP 00DD16 DHS-17-0426-B-000016 BW14 FOIA CBP 000017 DHS-1 7-0426-B-00001 7 From: To: Cc: Subject: Date: (b) (6), (b) (7)(C) CALVO, KARL H. (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) RE: First 100 Days Talkers Wednesday, April 19, 2017 9:26:40 PM (b) (5) From: CALVO, KARL H. Sent: Thursday, April 20, 2017 1:15:07 AM To: (b) (6), (b) (7)(C) Subject: FW: First 100 Days Talkers An update on the suspense time. From: ALLES, RANDOLPH D Sent: Wednesday, April 19, 2017 8:13:21 PM To: FRIEL, MICHAEL J; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) M Subject: RE: First 100 Days Talkers LOWRY, KIM Ok, let's pull something together by 0800. S/F R. D. Alles, (b) (6), (b) (7)(C) From: FRIEL, MICHAEL J Sent: Wednesday, April 19, 2017 7:58:33 PM To: ALLES, RANDOLPH D; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) M Subject: FW: First 100 Days Talkers LOWRY, KIM Deputy Commissioner, EAC Kolbe, AC Calvo, FYSA, see the below from the WH through DHS OPA requesting TPs for basic milestones achieved so far and next steps with the wall that can be used for POTUS' first 100 day messaging. BW14 FOIA CBP 000018 DHS-17-0426-B-000018 They need these points by 9 am tomorrow. Seeking Enterprise Services' assistance with these points to ensure they reflect the latest developments. R/S Mike (b) (6) From: Sent: Wednesday, April 19, 2017 7:45:22 PM To: (b) (6) Cc: FRIEL, MICHAEL J; (b) (6) Subject: FW: First 100 Days Talkers (b) (6)   Can you assist with this one? Customs and Border Protection is the lead for the wall construction. They can provide some details but now that it's in the procurement process, there are some limitations to what they can release.  Copying Mike Friel at CBP to direct you to the right people there. Kelly also sent this in a separate email -- any stat that indicates the breakneck speed of the procurement process of the Wall and/or internal dates of completion would be greatly appreciated. We want to show you guys are moving fast on this, as it's one of your top priorities. Thanks again! - Thanks, (b) (6) -----Original Message----From: Sadler, Kelly J. EOP/WHO (b) (6) Sent: Wednesday, April 19, 2017 5:19 PM To: (b) (6) Cc: Rateike, Bradley A. EOP/WHO (b) (6) Subject: First 100 Days Talkers Importance: High (b) (6) First, let me introduce myself. I'm Kelly Sadler, and I'm responsible for the White House's talking points for the First 100 Days. I've cc'd Brad, who gave me your contact information. The President wants to emphasize progress on the wall. Do you know how many contractors have bid on it? Where are we in the contracting process? Does the list suggest widespread interest? What are the next steps, and what can you identify as concrete examples of progress being made? Any facts or statistics that can illustrate progress would be much appreciated. If you could get me some talkers no later than 9am tomorrow AM that would be great. My deadline is tomorrow at noon and I want to have the most recent stats available. These will be talkers the President and Sec. Kelly will be using. Any past talkers you've given to Sec. Kelly, if you could also forward me, that would be great. Best, Kelly BW14 FOIA CBP 000019 DHS-17-0426-B-000019 From: To: Subject: Date: Attachments: ALLES, RANDOLPH D FRIEL, MICHAEL J FW: First 100 Days Talkers Thursday, April 20, 2017 1:28:16 PM 100 Days TPs v2 nkc revKK.docx   V/R (b) (6), (b) (7)(C) R. D. “Tex” Alles,   (b) (5) - From: (b) (6), (b) (7)(C) Sent: Thursday, 20 April, 2017 11:49 To: ALLES, RANDOLPH D (b)(6) (b)(7)(c) Subject: FW: First 100 Days Talkers On behalf of EAC Kolbe here are the revised talking points for POTUS.   Thanks.   (b) (6), (b) (7)(C)   From: (b) (6), (b) (7)(C) Sent: Thursday, April 20, 2017 11:42 AM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) Cc: CALVO, KARL H.(b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers EAC Kolbe – Based on the conversation we had with C2, attached please find the much more abbreviated talking points. Naco is in here, referenced in the last bullet. Same PW as the last set.   (b) (6), (b) (7)(C) (b) (6), (b) (7)(C)   From: (b) (6), (b) (7)(C) Sent: Thursday, April 20, 2017 8:17 AM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc: CALVO, KARL H. (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - (b) (6), Attached please find the requested TPs. Input from OA has been incorporated (b) (7) has cleared. Standing by for feedback. BW14 FOIA CBP 000020 DHS-17-0426-B-000020   (b) (6), (b) (7)(C) (b) (6), (b) (7)(C)   From: KOLBE, KATHRYN Sent: Thursday, April 20, 2017 6:55 AM To:(b)(6) (b)(7)(c) Cc (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - (b) (6), (b) (7)(C)   What time should I expect to see a draft?     Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) (b) (6), (b) (7)(C)   From:(b) (6), (b) (7)(C) Sent: Wednesday, April 19, 2017 10:24 PM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc: CALVO, KARL H. (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - Kathryn, (6), We are on it, needs input from OA, Karl saw it and forwarded to them,(b) acknowledged, (b) (7)(C) will push first thing in AM. - (b) (6), (b) (7)(C) From: KOLBE, KATHRYN Sent: Wednesday, April 19, 2017 10:02:48 PM To: (b) (6), (b) (7)(C) Subject: FW: First 100 Days Talkers (b) (6), (b) (7)(C)   Just realized that Karl will be out tomorrow on leave & I’m unsure if he received the below note.   Please send me your proposed talking points for POTUS before 8am to review & forward to C2.   Thanks…VR, KK BW14 FOIA CBP 000021 DHS-17-0426-B-000021     Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) (b) (6), (b) (7)(C)   From: KOLBE, KATHRYN Sent: Wednesday, April 19, 2017 9:39 PM To: CALVO, KARL H (b)(6) (b)(7)(c) Cc: (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers Karl, Please send these to me before 8am to review & I’ll forward.  Thank you…VR, KK       Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) (b) (6), (b) (7)(C)   From: CALVO, KARL H. Sent: Wednesday, April 19, 2017 8:05 PM To: FRIEL, MICHAEL J (b)(6) (b)(7)(c) ALLES, RANDOLPH D (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) KOLBE, KATHRYN (b)(6) (b)(7)(c) Cc: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) LOWRY, KIM M (b)(6) (b)(7)(c) BORKOWSKI, MARK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers - All, (b) (6), OFAM will provide talking points on overall progress. I've looped in Mark and (b) (7) to provide messaging on the procurement process referenced below as there would procurement sensitive info we need to be careful in how it's shared. - - (6), (6), Mark/ (b) Pls send your input to (b) to consolidate. Thx. (b) (7)(C) (b) (7)(C) BW14 FOIA CBP 000022 DHS-17-0426-B-000022  U.S. Customs and Border Protection (CBP) has developed a strategy to plan, design, and construct border barrier in the areas most critical to the U.S. Border Patrol’s operations.  To quickly execute this strategy, CBP has initiated three parallel efforts: o Prototyping: CBP is partnering with industry to design and construct wall prototypes in San Diego by August. These new designs will be applied to followon construction efforts. The prototype procurement is the top priority for CBP and a dedicated team is working around the clock to evaluate received concept papers, which is the first stage of the procurement action. o Planning for FY 2017 Construction: CBP is planning to execute construction priorities in the U.S. Border Patrol’s highest priority area of operation – (b) (7)(E) have been identified as priority for FY 2017. These activities include survey, design, real estate and environmental planning, and title searches. The first construction segment is expected to award (pending availability of funds) with construction beginning in (b) (5) (b) (5) (b) (5) . (b) (7)(E) o Replacing Fence in , Arizona: CBP is already constructing replacement (b) (7)(E) border barrier in , Arizona. This construction, which began in December 2017, replaces approximately (b) (7)(E) of sub-standard, legacy landing mat fence. These(b) (7)(E) , which include (b) (7)(E) will enhance USBP operational capability in this critical area. - - BW14 FOIA CBP 000023 DHS-17-0426-B-000023 From: To: Subject: Date: Attachments: BORKOWSKI, MARK S CALVO, KARL H.; (b) (6), (b) (7)(C) FW: Request for Emergency Meeting in Staff Sec"s office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue Tuesday, August 22, 2017 1:59:20 PM (b) (5) mcaleenan UPDATE.pdf Looks like a White House meeting tomorrow to discuss the BAA rescission issue.   From: SMITH, BRENDA BROCKMAN Sent: Tuesday, August 22, 2017 1:40 PM (b) (6) To: Peter.K.Navarro Cc: (b)(6) (b)(7)(c) KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) BORKOWSKI, MARK S Subject: FW: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue   Peter – we would like to join tomorrow’s meeting on CBP’s behalf.  Could someone send us a WAVES link?   Thanks, Brenda   Brenda B. Smith Executive Assistant Commissioner Office of Trade US Customs and Border Protection 1400 L St., NW  12th floor Washington, DC  20229   Email: (b)(6) (b)(7)(c) Phone:(b) (6), (b) (7)(C)       From: (b) (6), (b) (7)(C) Sent: Tuesday, August 22, 2017 1:36 PM To: SMITH, BRENDA BROCKMAN (b)(6) (b)(7)(c) KOLBE, KATHRYN (b)(6) (b)(7)(c) Subject: FW: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue   In case you have not seen this email from Peter Navarro. F   (b) (6), (b) (7)(C) Associate Chief Counsel - Trade and Finance Office of the Chief Counsel U.S. Customs and Border Protection BW14 FOIA CBP 000024 DHS-17-0426-B-000024 (b) (6), (b) (7)(C) ATTORN EY-CLI ENT PRIV ILEGED/ATTORN EY WORK PRODUCT This commun ication might contain commun ications between attorney and client, communications that are part of the agency deliberative process, or attorney-work product , all of which are privileged and not subject to disclosure outside the agency or to the public. Please consult w ith the Office of Chief Counsel, U.S. Customs and Border Protection before disclosing any information conta ined in this email. From: Navarro, Peter K. EOP/WHO (b) (6) Sent: Tuesday, August 22, 2017 12:14 PM To: Staff Secretary ; Lyons, Derek S. EOP/W HO (b) (6) Po rt er, Robert R. EOP/ WH O Cc: Light hizer, Robert E. EOP/ USTR (b)(6) (b) (6) (b) (6), (b) (7)(C) Brembe rg, And rew P. EOP/W HO (b) (6) Miller, Stephen EOP/W HO (b) (6) MCALEENAN, KEVIN K (b)(6) (b)(6) (b)(7)( c) (b)(6) (b)(7)(c) David M . EOP/WHO Hamilto n, Gene (b) (6) Mor rell, (b) (6) Subject: Request fo r Emerge ncy Meet ing in Staff See's office tomo rro w at 10 a.m . o r 11 a.m . to resolve bo rder w all issue Derek, I spo ke w it h Rob about t his and am attach ing docume nt s th at re late to a deadline for inclusio n of Buy Amer ican prov ision in borde r wal l bids. My offi ce has bee n w or king a numbe r of mo nt hs now on t his but we are at an imp asse and a decisio n needs to be made fo rt hw it h. I am request ing an emergency meeting tomorrow morning at StaffSec's off ice at 10 a.m. or 11 a.m. w ith representatives from CBP, USTR,DPC,OTMP, and WHLC. Thanks for yo ur cons ide ratio n. Peter Navarro Attac hments Info rmatio n M emo Var io us docu ments fro m CBP BW 14 FOIA CB P 000025 DHS-17-0426-B-000025 BW14 FOIA CBP 000026 FOIA CBP DHS-17-0426-B-000027 FOIA CBP DHS-17-0426-B-000028 BWM FOIA CBP DHS-17-0426-B-000029 Subj ect : MCALEENAN.KEVIN K Navarro. Peter K. EOP/WHO RE: Trade Enforcement update Date : Tuesday, August 22, 2017 10:35 :04 AM From: To: As you requested, here ar e some highlights about the importan ce of a quick decision on the waiver Constructio n of the Border Wall is a Presidentia l priority an d time is of the essence To the maximum extent, we want walls to be constr11cted with American materials (concrete and steel) We are issuing request sfor bids for the next segments of wall constr11ction on or about Au 1st 31 For your info1m ation, I have pasted a more detailed nairntive and backgro und: fro rrlllilas additional detail CmTent status: The U.S. Trade Representative (USTR) has yet to act to reinstate the Buy American Act (BAA) for Governme nt construction projects , such as the border wall, that exceed $7.3 mill ion in value. As such, the Trade Agree ments Act (TAA) cun ently governs any Governm ent procurement for construction services valued above that threshold . CBP, through its partners at USACE , is nearly ready to issue Requests for Proposa ls (RFP) for th £ FYI 7 £ t • . t h f hi h . lik 1 t d $7 3 "11" . •1 (b) (5) BW14 FOIA CBP 000030 DHS-17-0426-B-000030 From: Navarro,Peter K. EOP/WHO Sent: Tuesday, August 22, 2017 10:28:56 AM To: MCALEENAN, KEVINK Subject: RE: Trade Enforcement update Would love updat ed bulle ts. W ill push th is issue aggressively th is week? Was t his issue ever brough t to General Kelly's atten ti on? Is he read in? peter From:MCALEENAN, KEVIN K [mailto (b) (6), (b) (7)(C) Sent: Tuesday, August 22, 2017 10:24 AM To: Navarro , Peter K. EOP/WHO Subject: RE: Trade Enforcement update (b) (6) We appreciate your ongoing suppo1i on that. Let me know if you need update bullets on where we stand. From: Navarro,Peter K. EOP/WHO Sent: Tuesda , Au ust 22, 2017 8:39:34 AM To: ' Enforcement update Subject: FW: Trade BW14 FOIA CBP 00003 1 DHS-17-0426-B-000031 USTRt eam, Seeyellow below . Kevin and CBPhave been great allies. Peter From: MCALEENAN, KEVINK [mailto Sent: Friday, August 18, 2017 4:17 PM (b) (6), (b) (7)(C) To: Navarro, Peter K. EOP/WHO Cc:SMITH, BRENDA BROCKMAN Subject: Trade Enforcement update Peter, I want to take this opport unity to update you on the recent effo1ts unde1taken by U.S. Customs and Border Protection (CBP) with respect to the appli cation of the Trade Facili tation and Trade Enfor cement Act of 20 15 (TFTEA) , specifica lly, the Enforce and Protect Act (EAPA) and the President's Executive Order on Trade Enfor cemen t. EAP A outl ined a process for the American indu stry to identify potential instan ces where goods have been impo1ted into the Unites States through evasion of antidumping and countervailing duty orders. Workin g together with American indu stry on our initi al cases has produced immedia te results . Specifica lly, the Thailand and Malaysian wire han ger investigatio ns outlined in our recent press release , which you can access via the included link below , highlight how CBP is paitnering with the sole American wire han ger manufa cturer to prot ect American jobs from this tl'ansshipmen t evasion . Bloomberg and others have ah-eady picked up the good news. This is not the only group of investigatio ns we have unde1way , bu t it represents the first comple ted investigatio n and has led to the Ameri can manu facturer filing eight m ore allega tions of tr·ansshipment evasio n that we are investigat ing and have enacted interim measures up on . Thi s paitnership prevents the fmt her evasion of over $33 Inillion in antidumping duties and wi ll allow the American compan y to reinvest its resources to expand produc tion in the Unit ed States. fSP9p I would like to hi hli ht that it has been criti cal to our initial success to be able t~ produ ction or in the se recent cases , lack of produ ction capab ility. That said, TFTEA legislatio n was an authorizati on without explicit appropri ation, unless the tr·ade enforcemen t trust fmids ai·e considered availa ble, and as a result , in order to continue such enfor cemen t efforts CBP continu es to look for solutio ns to ·ow our imp ortan t issue . Thank you, Kevin >> >https ://www .cbp.gov /newsroom/ national-media-rel ease/us-customs -and-borderprotection-exercises-authority-launches << <;; BW14 FOIA CBP 000032 DHS-17-0426-B-000032 From: To: Cc: Subject: Date: (b) (6), (b) (7)(C) Ladowicz, Pete LOWRY, KIM M RE: Appropriations Committee Releases FY18 Homeland Security Bill Tuesday, July 11, 2017 8:10:28 PM Thanks for sharing.  Because the mark is consistent with the president’s budget on wall and agents I wouldn’t expect their questions or our answers to shift significantly.  However, making news over the next few days could certainly bring this issue to the forefront.  Happy to prep any additional Q&As tomorrow based on the budget messaging we’ve done to date. Just let me know what you need.   From: Ladowicz, Pete Sent: Tuesday, July 11, 2017 7:19 PM To: (b)(6) (b)(7)(c) Cc: LOWRY, KIM M (b)(6) (b)(7)(c) Subject: FW: Appropriations Committee Releases FY18 Homeland Security Bill   (b) (6), (b) (7)(C) FYSA. Also, there's already an article in Politico about the wall funding potentially leading to a shutdown. Am guessing any questions on Thursday from Dems will be along the lines of the comments from (b) (6) that DHS personnel really want border tech and not a wall. - Let's chat in the morning about some potential budget Q&A for C1. Thanks Pete From: (b) (6) Sent: Tuesday, July 11, 2017 6:49:06 PM (b) (6) To: (b) (6) Ladowicz, Pete; Subject: FW: Appropriations Committee Releases FY18 Homeland Security Bill Imagine you guys already have?    From: (b) (6) Sent: Tuesday, July 11, 2017 6:17 PM To: (b) (6) Nielsen, Kirstjen (b) (6) (b) (6) Cc:(b) (6) Subject: FW: Appropriations Committee Releases FY18 Homeland Security Bill   WH wants tweet language on the approps bill.  A good sign.    BW14 FOIA CBP 000033 DHS-17-0426-B-000033 From: Ditto, Jessica E. EOP/WHO (b) (6) Sent: Tuesday, July 11, 2017 5:44 PM To:(b) (6) Short, Michael C. EOP/WHO (b) (6) R. Rinat, Ory S. EOP/W HO EOP/W HO (b) (6) (b) (6) Barger, Lara Karnes, Kate L. EOP/WHO (b)(6) (b)(7)(c) Subject: FW: Appropriations Committee Releases FY18 Home land Security Bill Can we get some word ing for a POTUStweet? Do yo u recommend a press sec st at emen t as we ll? (b) (6) From: Sent: Tuesday, July 11, 2017 5:05 PM To: Short, Marc T. EOP/WHO (b) (6) DL-WHO -OLA Cc:(b) (6) Subject: FW: Appropriations Committee Releases FY18 Home land Security Bill W ith wall f und ing. ouse Appropriations Committee Chairman Rodney Frelinghuysen lwebsite address: >http·Uappropriations housegov/< For Imm ediate Release: Jul Contact: AppropriationsCommitteeReleasesFiscalYear 2018 HomelandSecurity Bill Bill targets funds to security operations, border and immigration enforcement WASHINGT ON, D .C. - The House Appropriations Committee today released its proposed fiscal year 20 18 Department of Homeland Security (DH S) Approp riations bill, which will be considered tomon ow by the subcommittee. The bill targets critical programs such as aviation security, border an d immigratio n enforcement, customs activities, protection against cyberten orism, natural disaster response, and effo1is to stop the smuggling of diugs and people into the U.S . The legislation also includes $1.6 billion for phy sical ban ier construction along the U.S . southern border. BW14 FOIA CBP 000034 DHS-17-0426-B-000034 In total, the legislation directs $44.3 billion in discretionary funding for DHS, an increase of $1.9 billion above the fiscal year 2017 enacted level. In addition, the bill includes $6.8 billion – the same as the President’s request – for disaster relief and emergency response activities through the Federal Emergency Management Agency (FEMA).   “The Committee takes its role in safeguarding our homeland and protecting our citizens seriously.  Globalization, cyber-security, and terrorism are changing our way of life and we need to change with it.  This bill fully supports our men and women on the frontline lines who work tirelessly to keep us safe.  The bill also provides the necessary funding for critical technology and physical barriers to secure our borders.  It is a balanced approach that enhances our capabilities and preparedness,” Appropriations Committee Chairman Rodney Frelinghuysen said.   Homeland Security Subcommittee Chairman John Carter also commented on the bill: I  “Keeping Americans safe by protecting our homeland is a top priority. This funding bill provides the resources to begin building a wall along our southern border, enhance our existing border security infrastructure, hire more border patrol agents, and fund detention operations” Chairman Carter said. “Additionally, this bill will increase funding for Immigration and Customs Enforcement, support grants in cases of emergency and natural disaster, and provide critical resources to protect our cyber networks.”   Bill Highlights:   Securing our Borders and Enforcing our Laws:   ·         Customs and Border Protection (CBP) – The bill contains $13.8 billion in discretionary appropriations for CBP – an increase of $1.6 billion above the fiscal year 2017 enacted level. These resources ensure our borders are protected by putting boots on the ground, improving infrastructure and technology, and helping to stem the flow of illegal goods both into and out of the country. Within this total, the legislation includes:   -          $1.6 billion for physical barrier construction along the Southern border – including bollards and levee improvements – meeting the full White House request; -          $100 million to hire 500 new Border Patrol agents; -          $131 million for new border technology; -          $106 million for new aircraft and sensors; and -          $109 million for new, non-intrusive inspection equipment.   ·         Immigration and Customs Enforcement (ICE) – The bill provides $7 billion for ICE –$619.7 million above the fiscal year 2017 enacted level. Within this total, the legislation includes:   -          $185.6 million to hire 1,000 additional law enforcement officers and 606 support staff; -          $2 billion – an increase of $30 million above the requested level – for domestic and international investigations programs, including efforts to BW14 FOIA CBP 000035 DHS-17-0426-B-000035 combat human trafficking, child exploitation, cybercrime, visa screening, and drug smuggling; -          $4.4 billion for detention and removal programs, including: Ø  44,000 detention beds, an increase 4,676 beds over fiscal year 2017; Ø  129 Fugitive Operations teams; and Ø  Criminal Alien Program operations, including the addition of 26 new communities to the 287(g) program, which partners with local law enforcement to process, arrest, and book illegal immigrants into state or local detention facilities.   ·         Coast Guard – The bill contains $10.5 billion for the U.S. Coast Guard – an increase of $31.7 million above the fiscal year 2017 enacted level. The bill provides for a 2.1 percent military pay increase, and targets resources to improve readiness. Specifically, the bill includes: -          $7.2 billion for operations and training, military personnel costs, aviation and cutter hours, and maintenance of assets required to sustain readiness and response capabilities; and -          $1.3 billion – $95 million above the request – for modernization and recapitalization of vessels, aircraft, and facilities. This includes funding for the Polar Icebreaking Vessel program, the acquisition of an Offshore Patrol Cutter, an HC130-J aircraft, four Fast Response Cutters, and facility improvements at multiple locations throughout the United States.   Transportation Security Administration (TSA) – The bill includes $7.2 billion for TSA – a decrease of $159.8 million below the fiscal year 2017 enacted level. This includes full funding ($3.2 billion) for Transportation Security Officers, privatized screening operations, and passenger and baggage screening equipment, in order to speed processing and wait times for travelers and cargo. This also includes $151.8 million to hire, train, and deploy 1,047 canine teams to further expedite processing time.   Cybersecurity and Protection of Communications – To combat increasingly dangerous and numerous cyber-attacks, the bill includes a total of $1.8 billion for the National Protection and Programs Directorate to enhance critical infrastructure and prevent hacking.   Within this amount, $1.37 billion is provided to help secure civilian (.gov) networks, detect and prevent cyber-attacks and foreign espionage, and enhance and modernize emergency communications. Funds are also included to enhance emergency communications capabilities and to continue the modernization of the Biometric Identification System.   Secret Service – The bill provides $2 billion for the U.S. Secret Service – a decrease of $101 million below the fiscal year 2017 enacted level due to the completion of the 2016 campaign cycle. This funding level includes investments in investigations and cybersecurity, and continue funding for the National Center for Missing and Exploited Children.   Federal Emergency Management Agency (FEMA) – To respond to both natural and manmade disasters, the bill funds FEMA’s disaster relief account (DRF) at $7.3 billion.   The legislation also includes $2.7 billion for FEMA grant programs. This includes: ·         $467 million for the State Homeland Security Grant Program; BW14 FOIA CBP 000036 DHS-17-0426-B-000036 ·         $630 million for the Urban Area Security Initiative, including an increase of $25 million for the Nonprofit Security Grant Program; ·         $690 million for firefighter assistance grants; and ·         $350 million for Emergency Management Performance Grants.   Citizenship and Immigration Services (CIS) – The legislation does not fund most CIS activities, as these are funded outside the appropriations process through the collection of fees However, the bill does contain $131 million for E-Verify, which is funded within CIS and helps companies ensure their employees may legally work in the United States.   Other Provisions – The bill includes several provisions to save taxpayer dollars and increase accountability at DHS. The legislation:   ·         Does NOT include an increase TSA passenger fees; ·         Does NOT includes a redirection of Brand USA Travel Promotion fees; and ·         Requires extensive reporting, including spending plans and benchmarks, to ensure funds are being spent appropriately and as intended.   For the complete text of the FY 2018 Subcommittee Draft Homeland Security Appropriations bill, please visit: >http://docs.house.gov/meetings/AP/AP15/20170712/106241/BILLS-115HR-SC-APFY2018-HSecurity-FY2018HomelandSecurityAppropriationsBill-SubcommitteeDraft.pdf<         ##### BW14 FOIA CBP 000037 DHS-17-0426-B-000037 From: To: Subject: Date: CALVO, KARL H. (b) (6), (b) (7)(C) RE: First 100 Days Talkers Thursday, April 20, 2017 8:01:59 AM 10-4 From (b) (6), (b) (7)(C) Sent: Thursday, April 20, 2017 8:01:15 AM To: CALVO, KARL H.; (b) (6), (b) (7)(C) Subject: RE: First 100 Days Talkers It’s coming. I need another 10 minutes. (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) From: CALVO, KARL H. Sent: Thursday, April 20, 2017 8:00 AM To: (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: First 100 Days Talkers How's this coming along? From: CALVO, KARL H. Sent: Thursday, April 20, 2017 7:08:49 AM To: (b) (6), (b) (7)(C) Subject: FW: First 100 Days Talkers - (b) (6), Here's what (b) (7)(C)forwarded. (b) (6), (b) (7)(C) From Sent: Wednesday, April 19, 2017 9:47:28 PM To: CALVO, KARL H. Subject: RE: First 100 Days Talkers Ok thanks From: CALVO, KARL H. Sent: Thursday, April 20, 2017 2:30:40 AM To: (b) (6), (b) (7)(C) Cc (b) (6), (b) (7)(C) Subject: RE: First 100 Days Talkers Looks good to me. BW14 FOIA CBP 000038 DHS-17-0426-B-000038 From: (b) (6), (b) (7)(C) Sent: Wednesday, April 19, 2017 9:26:39 PM To: CALVO, KARL H.; (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) Cc: Subject: RE: First 100 Days Talkers (b) (5) From: CALVO, KARL H. Sent: Thursday, April 20, 2017 1:15:07 AM To: (b) (6), (b) (7)(C) Subject: FW: First 100 Days Talkers An update on the suspense time. From: ALLES, RANDOLPH D Sent: Wednesday, April 19, 2017 8:13:21 PM To: FRIEL, MICHAEL J; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) M Subject: RE: First 100 Days Talkers LOWRY, KIM Ok, let's pull something together by 0800. S/F R. D. Alles, (b) (6), (b) (7)(C) From: FRIEL, MICHAEL J Sent: Wednesday, April 19, 2017 7:58:33 PM To: ALLES, RANDOLPH D; KOLBE, KATHRYN; CALVO, KARL H. Cc: FLANAGAN, PATRICK S; (b) (6), (b) (7)(C) M Subject: FW: First 100 Days Talkers LOWRY, KIM Deputy Commissioner, EAC Kolbe, AC Calvo, FYSA, see the below from the WH through DHS OPA requesting TPs for basic milestones achieved so far and next steps with the wall that can be used for POTUS' first 100 day messaging. They need these points by 9 am tomorrow. BW14 FOIA CBP 000039 DHS-17-0426-B-000039 From: To: Cc: Subject: Date: KOLBE, KATHRYN MCALEENAN, KEVIN K; FRIEL, MICHAEL J (b) (6), (b) (7)(C) VITIELLO, RONALD D (USBP); FLANAGAN, PATRICK S; BORKOWSKI, MARK S FW: Press Inquiry re: POTUS Evaluation of Border Wall Prototypes Monday, September 25, 2017 2:20:53 PM CALVO, KARL H.; Commissioner, Good idea, have added your remarks – Michael, OTY FYA       From: MCALEENAN, KEVIN K Sent: Monday, September 25, 2017 12:28 PM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) VITIELLO, RONALD D (USBP) (b)(6) (b)(7)(c) Cc: FRIEL, MICHAEL J (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) BORKOWSKI, MARK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: Press Inquiry re: POTUS Evaluation of Border Wall Prototypes Thank you.  (b) (5)   From: KOLBE, KATHRYN Sent: Monday, September 25, 2017 12:16 PM To: MCALEENAN, KEVIN K (b)(6) (b)(7)(c) VITIELLO, RONALD D (USBP) (b)(6) (b)(7)(c) Cc: FRIEL, MICHAEL J (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) BORKOWSKI, MARK S(b)(6) (b)(7)(c) Subject: Press Inquiry re: POTUS Evaluation of Border Wall Prototypes   C1/C2,   The DHS press office forwarded this press inquiry to us this morning.   2. The president said that he will soon take a look at the prototypes and then personally select the best design.  "We are looking at four different samples built by four great companies, four different concepts. They're just about completed," Trump said. "I'm going to go out and look at them personally and pick the right one."   Can you explain what role, if any, the president can legally have in personally choosing a design? Who would otherwise be authorized to choose? BW14 FOIA CBP 000040 DHS-17-0426-B-000040   Below is our proposed CBP response to the press. We would appreciate your feedback & will coordinate with DHS CPO & OMB following your feedback: (b) (5)   VR, KK   Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C)   From: CALVO, KARL H. Sent: Monday, September 25, 2017 11:20 AM (b)(6) (b)(7)(c) To: FRIEL, MICHAEL J (b)(6) (b)(7)(c) BORKOWSKI, MARK S (b)(6) (b)(7)(c) Cc: KOLBE, KATHRYN (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: RE: border wall questions All,   (b) (5)   v/r Karl   From:(b)(6) (b)(7)(c) Sent: Monday, September 25, 2017 10:35 AM To: FRIEL, MICHAEL J (b)(6) (b)(7)(c) BORKOWSKI, MARK S (b)(6) (b)(7)(c) Cc: CALVO, KARL H. (b)(6) (b)(7)(c) Subject: RE: border wall questions KOLBE, KATHRYN (b)(6) (b)(7)(c) BW14 FOIA CBP 000041 DHS-17-0426-B-000041 Hi Mike, thanks.  (b) (5) This is more a program issue but I see that Karl is already on this.   D   (b)(6) (b)(7)(c) Deputy Assistant Commissioner, Acquisition Head of the Contracting Activity   Location: (b) (6), (b) (7)(C) National Place, Washington, DC   Desk (b) (6), (b) (7)(C) Cell (b) (6), (b) (7)(C) Main: (b) (6), (b) (7)(C)     - From: FRIEL, MICHAEL J Sent: Monday, September 25, 2017 9:38 AM To: BORKOWSKI, MARK S (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc: CALVO, KARL H. (b)(6) (b)(7)(c) Subject: FW: border wall questions - KOLBE, KATHRYN (b)(6) (b)(7)(c) (6), (b) Mark, (b) (7)(C)   (b) (5) .   Appreciate your feedback.   R/S   Mike   From: (b) (6) Sent: Monday, September 25, 2017 8:52 AM To: (b) (6) FRIEL, MICHAEL J <(b) (6), (b) (7)(C) Subject: RE: border wall questions Let's make sure to loop in OGC on any draft response from the procurement people. (b) (6) From: Sent: Monday, September 25, 2017 8:49:13 AM To: FRIEL, MICHAEL J BW14 FOIA CBP 000042 DHS-17-0426-B-000042 (b) (5) (b) (5) Thanks, (b) (6) From: Love, Kelly A. EOP/WHO (b) (6) Sent: Sunday, Septembe r 24, 2017 9 :30 PM (b) (6) To Subject: Re: border wa ll questio ns Thank you . Question fror· l'Pf?l! below: Sent from my iPhone On Sep 24, 20 17, at 11 :01 AM , (b) (6) wrote : FYI (b) (6) Deputy Assistant Secreta1y for Media Operations/Pre ss Secretaiy De artment of Homelan d Security (b) (6) From: Se~e mber 24, 2017 10:15:11 AM To ....... Subject: RE: border wall questions Ok thanks. We've had a sto1y online since early yesterday but we can always handle new info. (b) (6) Washington Bureau Chief BW14 FOIA CBP 000043 DHS-17-0426-B-000043 Dallas Morning News (b) (6) (b) (6) mobile (b) (6) (b) (6) - (b) (6) On Sep 24, 2017 10:06 AM, wrote: (b) (6) If not too late for you, I've provided some wall and prototype details to the WH Comms team. Since your questions are about the President's comments, it's more appropriate for the WH to respond. You should be hearing from Kelly Love this morning. (b) (6) (b) (6) Deputy Assistant Secretary for Media Operations/Press Secretary Department of Homeland Security (b) (6) (b) (6) (b) (6) - (o) (m) From: (b) (6) Sent: Saturday, September 23, 2017 10:27:04 AM To: (b) (6) Subject: border wall questions Hey (b) (6) Sorry to bug you on a weekend. The president's comments last night about a border wall raised a few questions. 1. He said he wants the border wall to be "see-through." I know that making sure Border Patrol et al can see what's going on across the border is a goal in the design, but the president made it sound as though he wants the barrier to be entirely see-through. Is that part of the anticipated design? 2. The president said that he will soon take a look at the prototypes and then personally select the best design. "We are looking at four different samples built by four great companies, four different concepts. They're just about completed," Trump said. "I'm going to go out and look at them personally and pick the right one." Can you explain what role, if any, the president can legally have in personally choosing a design? Who would otherwise be authorized to choose? Thanks much. BW14 FOIA CBP 000044 DHS-17-0426-B-000044 (b) (6) Washington Bureau Chief The Dallas Morning News 529 14th Street NW, (b) (6) Washington, DC 20045 (b) (6) (b) (6) cell (b) (6) BW14 FOIA CBP 000045 DHS-17-0426-B-000045 From: To: Cc: Subject: Date: FLANAGAN, PATRICK S (b) (6), (b) (7)(C) SMITH, BRENDA BROCKMAN; KOLBE, KATHRYN; BORKOWSKI, MARK S MCALEENAN, KEVIN K FW: Request for Emergency Meeting in Staff Sec"s office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue Tuesday, August 22, 2017 1:58:17 PM Please see possible questions for tomorrow’s meeting.   V/R Patrick - Patrick Flanagan (b) (6), (b) (7)(C) Notice: FOR OFFICIAL USE ONLY - this transmission contains material covered by the Privacy Act of 1974 and should be viewed only by personnel having an official "need to know." If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify me immediately by email and delete the original message.     From: Hamilton, Gene Sent: Tuesday, August 22, 2017 1:57 PM To: FLANAGAN, PATRICK S (b)(6) (b)(7)(c) Subject: FW: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue   Gene P. Hamilton Senior Counselor to the Secretary U.S. Department of Homeland Security From: Lyons, Derek S. EOP/WHO (b) (6) Sent: Tuesday, August 22, 2017 1:39 PM To: Navarro, Peter K. EOP/WHO (b) (6) Staff Secretary (b) (6) ; Porter, Robert R. EOP/WHO Cc: Lighthizer, Robert E. EOP/USTR (b) (6) MCALEENAN, KEVIN K (b)(6) (b)(7)(c) Bremberg, Andrew P. EOP/WHO (b) (6) Miller, Stephen EOP/WHO (b) (6) Vaughn, Stephen P. EOP/USTR (b) (6) Griffin, Payne P. EOP/USTR (b) (6) >; Hamilton, Gene (b)(6) (b)(7)(c) David M. EOP/WHO (b) (6) Morrell, Lataif, Emily P. EOP/WHO Anderson, Jessica C. EOP/OMB (b) (6) Subject: RE: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue   I am happy convene a meeting tomorrow, if doing so could help the group reach consensus.  Please (b) (6) (b) (6) BW14 FOIA CBP 000046 DHS-17-0426-B-000046 - let (b) (6) copied here, know if you—or a proxy—can attend a meeting tomorrow on this topic in the Staff Secretary’s office at either 10 or 11 am.  We can set up a dial-in for those who may be traveling.   As I understand it, there are several issues that would need to be resolved on a quick time frame to move forward, some of which would likely require Presidential involvement. Therefore, if we can convene a meeting, I would propose to organize the discussion around these 6 questions:   1. (b) (5) 2. 3. 4. 5. 6.   Given possible budgetary implications of any decision, I’ve added OMB to this chain.   Thanks, (b) (6)     From: Navarro, Peter K. EOP/WHO Sent: Tuesday, August 22, 2017 12:14 PM To: Staff Secretary ; Lyons, Derek S. EOP/WHO (b) (6) Porter, Robert R. EOP/WHO(b) (6) Cc: Lighthizer, Robert E. EOP/USTR (b) (6) MCALEENAN, KEVIN K (b) (6) Bremberg, Andrew P. EOP/WHO (b) (6) Miller, Stephen EOP/WHO (b) (6) (b) (6) Vaughn, Stephen P. EOP/USTR Griffin, Payne P. EOP/USTR (b)(6) (b)(7)(c) Morrell, David M. EOP/WHO (b) (6) Subject: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue   Derek,   I spoke with Rob about this and am attaching documents that relate to a deadline for inclusion of Buy American provision in border wall bids.   My office has been working a number of months now on this but we are at an impasse and a decision needs to be made forthwith. (b) (6) BW14 FOIA CBP 000047 DHS-17-0426-B-000047   I am requesting an emergency meeting tomorrow morning at StaffSec’s office at 10 a.m. or 11 a.m. with representatives from CBP, USTR, DPC, OTMP, and WHLC.   Thanks for your consideration.   Peter Navarro   Attachments Information Memo Various documents from CBP BW14 FOIA CBP 000048 DHS-17-0426-B-000048 From: To: Subject: Date: Attachments: LADOWICZ, JOHN P (b) (6), (b) (7)(C) FW: McCaul Bill (HR3548 - Border Security for America Act of 2017) Tuesday, October 03, 2017 2:56:37 PM (b) (5) FYSA.    Pete Ladowicz Assistant Commissioner Office of Congressional Affairs U.S. Customs and Border Protection (b) (6), (b) (7)(C) (phone) (b) (6), (b) (7)(C) (mobile)   From: LADOWICZ, JOHN P Sent: Tuesday, October 3, 2017 2:40 PM To: MCALEENAN, KEVIN K (b)(6) (b)(7)(c) (b) (6), (b) (7)(C) Cc: PATRICK S FLANAGAN KIM M LOWRY (b)(6) (b)(7)(c) Subject: FW: McCaul Bill (HR3548 - Border Security for America Act of 2017)   Commissioner,   FYSA, attached is the draft views letter regarding the McCaul border bill that OGC has sent to Acting (6), (b) (7) COS(b) for clearance prior to submission to OMB.  (b) (5) (C)     I will attend tomorrow morning’s mark up.  (b) (5) -   Please let me know if you require any additional information.   V/r, Pete   Pete Ladowicz BW14 FOIA CBP 000049 DHS-17-0426-B-000049 Assista nt Commiss ioner Office of Congressiona l Aff airs U.S. Customs and Border Protectio n (b) (6) , (b) (7)(C) (phone) (b) (6) , (b) (7)(C) (mo bile) (b) (5) BW14 FOIA CBP 000050 DHS-17-0426-B-000050 From: Ventura, Alexandra EOP/OMB Sent: Monday, October 2, 2017 1:11 PM To: (b) (6) (b) (6) Cc: Kraninger, Kathleen L. EOP/OMB EOP/OMB (b) (6) (b) (6) Patrick J. EOP/OMB(b) (6) (b) (6) (b) (6) Bradlee, Mollie H. EOP/OMB(b) (6) (b) (6) (b) (6) Marten, Lexi N. brams, Andrew D. EOP/OMB (b) (6) Mellon, Holm, Jim S. EOP/OMB Croce,JosephA. EOP/OMB Daumit, Alexander (Jim)J. EOP/OMB Boden,James EOP/OMB (b) (6) ewman, Kimberly A. EOP/OMB • iggs, KyleS. EOP/OMB(b) (6) Dennehy, Laura C. EOP/OMB Fairweather, Rob S. EOP/OMB Pipan, Joseph G. EOP/OMB • BW14 FOIA CBP 000051 DHS-17-0426-B-000051 DLOMB Vanka, Sarita EOP/OMB(b) (6) Gray, John W. EOP/OMB Bishop, Bradley E. EOP/OMB (b) (6) Smalligan,JackA. EOP/OMB Hanson,Jennifer L. EOP/OMB (b) (6) (b) Hanson, Brian J. EOP/OMB (6) (b) (6) Widuch, Brian A. Sciannameo, Maria EOP/OM : (b) (6) EOP/OM Hoef, Jen E. EOP/OMB (b) (6) Bomberger, Melissa B. EOP/OMB (b) (6) Wang, Kan EOP/OMB(b) (6) (b) (6) Theroux, Rich P. EOP/OMB oyce, Shannon M. EOP/OMB (b) (6) Bashadi, Sarah 0 . EOP/OMB (b)(6) Carroll, JamesW. EOP/OMB(b) (6) Hitter, Thomas E. EOP/OMB Nusraty, Tim H. EOP/OMB (b) (6) Slemrod, Jonathan A. EOP/OMB Sugarman, AJJ. EOP/OMB (b) (6) Swonger, Amy H. EOP/WHO (b) (6) Simms, Cindy B. EOP/WHO (b) (6) (b) (6) Winfree, Paul L. EOP/WHO Bash,Zina G. EOP/WHO (b) (6) Zadrozny,John A. EOP/WHO Wetmore, David H. EOP/WHO (b) (6) Anderson, Jessica C. Vaeth, Matt J. EOP/OMB Menard, BarbaraA. EOP/OMB ; Myers, Hayley W. EOP/OMB Burnim, John D. EOP/OMB(b) (6) Bronack, Candice M. EOP/OMB Subject: REMINDER : LRM [OG-115-174] DUE10/2@ 1:00 P.M. -- 0MB Requestfor Views on HR3548 - Border Security for America Act of 2017 Importance: High This is a reminder that agency comments on H.R.3548 were due today at 1PM. Please submit comments ASAP. Thank you. From: Gonzalez, Oscar EOP/OMB Sent:Thursday, September 28, 2017 10:33 AM To: (b) (6) (b) (6) BW14 FOIA CBP 000052 DHS-17-0426-B-000052 (b)(6) Cc: Kraninger, Kathleen L. EOP/OMB (b) (6) Marte n, Lexi N. Abrams, Andrew D. EOP/OMB (b) (6) (b) (6) Mellon, Holm, Jim S. EOP/OMB (b) (6) Patrick J. EOP/OMB Croce, Joseph A. EOP/OMB (b) (6) Daumit, Alexander (Jim) J. EOP/OMB (b) (6) Boden, James EOP/OMB (b) (6) Newman, Kimberly A. EOP/OMB Bradlee, Mo llie H. EOP/OMB(b) (6) (b) (6) Riggs, KyleS. EOP/OMB(b) (6) (b) (6) Blair, Robert B. EOP/OMB Dennehy, Laura C. EOP/OMB (b) (6) Fairweather, Rob S. EOP/OMB (b) (6) Pipan, Joseph G. EOP/OMB (b) (6) (b) (6) Vanka, Sarita EOP/OMB Gray, John W. EOP/OMB Bishop, Bradley E. EOP/OMB(b) (6) Smalligan, JackA. EOP/OMB(b) (6) Hanson, Jennifer L. EOP/OMB (b) (6) Hanson, Brian J. EOP/OMB(b) (6) Sciannameo, Maria EOP/OMB Widuch, Brian A. EOP/OMB (b) (6) Bomberger, Melissa B. EOP/OMB (b) (6) Wang, Kan EOP/OMB(b) (6) Theroux, Rich P. EOP/OMB(b) (6) oyce, Shannon M. EOP/OMB (b) (6) Bashadi, Sarah 0 . EOP/OMB (b) (6) Carroll, JamesW. EOP/OMB (b) (6) Walsh, Heather V. EOP/OMB(b) (6) Hitter, Thomas E. EOP/OMB (b) (6) Nusraty, Tim H. EOP/OMB (b) (6) Slemrod, Jonathan A. EOP/OMB (b) (6) Sugarman, AJJ. EOP/OMB (b) (6) (b) (6) Koenig, Andrew D. EOP/WHO Swonger, Amy H. EOP/WHO (b) (6) (b) (6) Simms, Cindy B. EOP/WHO (b) (6) Winfree, Paul L. EOP/WHO Bash,Zina G. EOP/WHO (b) (6) (b) (7)( E) Zadrozny,John A. EOP/WHO (b) (7)( E) Wetmore , David H. EOP/WHO Whetstone, Trevor D. EOP/WHO EOP/OMB(b) (6) (b) (7)( E) EOP/OMB(b) (6) (b) (6) (b) (6) (b) (6) ; Anderson, Jessica C. Vaeth, Matt J. EOP/OMB Ventura, Alexandra EOP/OMB Menard, BarbaraA. EOP/OMB Myers, Hayley W. EOP/OMB BW14 FOIA CBP 000053 DHS-17-0426-B-000053 Burnim, John D. EOP/OMB (b) (6) Subject: RE: REVISED DEADLINE: LRM [OG-115-174] DUE 10/4 @ 11:00 A.M. -- OMB Request for Views on HR3548 - Border Security for America Act of 2017   In case it is helpful, attached is a redline document comparing the latest bill text to the version that I originally circulated.   Thanks   (b) (6) From: Gonzalez, Oscar EOP/OMB Sent: Thursday, September 28, 2017 9:57 AM To: (b) (6) - ' ; 'DHS' ; (b) (6) Cc: Kraninger, Kathleen L. EOP/OMB ; Marten, Lexi N. EOP/OMB ; Abrams, Andrew D. EOP/OMB ; Holm, Jim S. EOP/OMB ; Mellon, Patrick J. EOP/OMB ; Croce, Joseph A. EOP/OMB ; Daumit, Alexander (Jim) J. EOP/OMB ; Boden, James EOP/OMB ; Bradlee, Mollie H. EOP/OMB ; Newman, Kimberly A. EOP/OMB ; Riggs, Kyle S. EOP/OMB ; Blair, Robert B. EOP/OMB ; Dennehy, Laura C. EOP/OMB ; Fairweather, Rob S. EOP/OMB ; Pipan, Joseph G. EOP/OMB ; Vanka, Sarita EOP/OMB (b) (6) ; Gray, John W. EOP/OMB ; Bishop, Bradley E. EOP/OMB ; Smalligan, Jack A. EOP/OMB ; Hanson, Jennifer L. EOP/OMB ; Hanson, Brian J. EOP/OMB ; Sciannameo, Maria EOP/OMB ; Widuch, Brian A. EOP/OMB ; Hoef, Jen E. EOP/OMB ; Bomberger, Melissa B. EOP/OMB ; Wang, Kan EOP/OMB ; Theroux, Rich P. EOP/OMB ; Joyce, Shannon M. EOP/OMB ; Bashadi, Sarah O. EOP/OMB ; Carroll, James W. EOP/OMB ; Walsh, Heather V. EOP/OMB ; Hitter, Thomas E. EOP/OMB ; Nusraty, Tim H. EOP/OMB ; Slemrod, Jonathan A. EOP/OMB ; Sugarman, AJ J. EOP/OMB ; Koenig, Andrew D. EOP/WHO ; Swonger, Amy H. EOP/WHO ; Simms, Cindy B. EOP/WHO ; Winfree, Paul L. EOP/WHO ; Bash, Zina G. EOP/WHO ; Zadrozny, John A. EOP/WHO ; Wetmore, David H. EOP/WHO ; Whetstone, Trevor D. EOP/WHO ; Salvi, Mary E. EOP/WHO ; (b) (6) • Anderson, Jessica C. EOP/OMB ; Vaeth, Matt J. EOP/OMB ; Ventura, Alexandra EOP/OMB ; Menard, Barbara A. EOP/OMB ; Myers, Hayley W. EOP/OMB ; Burnim, John D. EOP/OMB Subject: REVISED DEADLINE: LRM [OG-115-174] DUE 10/4 @ 11:00 A.M. -- OMB Request for Views on HR3548 - Border Security for America Act of 2017 Importance: High   We’ve just learned that the House Homeland Security Committee is scheduled to mark up this bill on October 4th. As such, we need to move up the deadline for review to 1:00 P.M. Monday, October 2nd. Apologies for the compressed timeframe. Also, the latest version of the bill is attached in Word and PDF formats.   Thanks   From: Gonzalez, Oscar EOP/OMB Sent: Tuesday, September 26, 2017 4:38 PM To: (b) (6) - ; 'DHS' ; (b) (6) ; BW14 FOIA CBP 000054 DHS-17-0426-B-000054 (b) (6) Cc: Kraninger, Kathleen L. EOP/OMB ; Marten, Lexi N. EOP/OMB ; Abrams, Andrew D. EOP/OMB ; Holm, Jim S. EOP/OMB ; Mellon, Patrick J. EOP/OMB ; Croce, Joseph A. EOP/OMB ; Daumit, Alexander (Jim) J. EOP/OMB ; Boden, James EOP/OMB ; Bradlee, Mollie H. EOP/OMB ; Newman, Kimberly A. EOP/OMB ; Riggs, Kyle S. EOP/OMB ; Blair, Robert B. EOP/OMB ; Dennehy, Laura C. EOP/OMB ; Fairweather, Rob S. EOP/OMB ; Pipan, Joseph G. EOP/OMB ; Vanka, Sarita EOP/OMB ;(b) (6) ; Gray, John W. EOP/OMB ; Bishop, Bradley E. EOP/OMB ; Smalligan, Jack A. EOP/OMB ; Hanson, Jennifer L. EOP/OMB ; Hanson, Brian J. EOP/OMB ; Sciannameo, Maria EOP/OMB ; Widuch, Brian A. EOP/OMB ; Hoef, Jen E. EOP/OMB ; Bomberger, Melissa B. EOP/OMB ; Wang, Kan EOP/OMB ; Theroux, Rich P. EOP/OMB ; Joyce, Shannon M. EOP/OMB ; Bashadi, Sarah O. EOP/OMB ; Carroll, James W. EOP/OMB ; Walsh, Heather V. EOP/OMB ; Hitter, Thomas E. EOP/OMB ; Nusraty, Tim H. EOP/OMB ; Slemrod, Jonathan A. EOP/OMB ; Sugarman, AJ J. EOP/OMB ; Koenig, Andrew D. EOP/WHO ; Swonger, Amy H. EOP/WHO ; Simms, Cindy B. EOP/WHO ; Winfree, Paul L. EOP/WHO ; Bash, Zina G. EOP/WHO ; Zadrozny, John A. EOP/WHO ; Wetmore, David H. EOP/WHO ; Whetstone, Trevor D. EOP/WHO ; Salvi, Mary E. EOP/WHO ; (b) (6) ■ Anderson, Jessica C. EOP/OMB ; Vaeth, Matt J. EOP/OMB ; Ventura, Alexandra EOP/OMB ; Menard, Barbara A. EOP/OMB ; Myers, Hayley W. EOP/OMB ; Burnim, John D. EOP/OMB Subject: LRM [OG-115-174] DUE 10/4 @ 11:00 A.M. -- OMB Request for Views on HR3548 - Border Security for America Act of 2017   DEADLINE: 11:00 A.M. Wednesday, October 04, 2017   Attached, please find H.R. 3458, the Border Security for America Act of 2017, which is similar to the first two titles of S. 1757, the Building America's Trust Act. That bill was circulated as LRM OG-115-168. Please submit any comments on the bill by the deadline.   ----------------------------------LRM ID: OG-115-174 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET   LEGISLATIVE REFERRAL MEMORANDUM Tuesday, September 26, 2017   TO: Legislative Liaison Officer - See Distribution   FROM: (b) (6) (for) Assistant Director for Legislative Reference SUBJECT: LRM [OG-115-174] DUE 10/4 @ 11:00 A.M. OMB Request for Views on HR3548 - Border Security for America Act of 2017   OMB CONTACT: Oscar Gonzalez E-Mail: (b) (6) PHONE: (b) (6) BW14 FOIA CBP 000055 DHS-17-0426-B-000055 FAX: (b) (6)     In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject before advising on its relationship to the program of the President. By the deadline above, please reply by e-mail or telephone, using the OMB Contact information above.   Please advise us if this item will affect direct spending or receipts for the purposes of the Statutory Pay-as-You-Go Act of 2010.   Thank you. BW14 FOIA CBP 000056 DHS-17-0426-B-000056 BW14 FOIA CBP 000057 BW14 FOIA CBP 000058 BW14 FOIA CBP 000059 From: To: Holm. Jim S. EOP/OMB BORKOWSKI.MARKS Re: Request for Emergency Meeti ng in Staff Sec"s office tomo rrow at 10 a.m . or 11 a.m. to resolve border wall issue Tuesday, August 22, 2017 2:12:50 PM Subj ect : Date : Yes thanks for the viz . I think Kathy will be invo lved. Jim Holm Office of Management and Budget (b) (6) On Aug 22, 2017 , at 2:06 PM, BORKOWSKI , MARKS (b)(6) (b)(7)(c) wrote : Jim, Are you in the loop on this? Mr. McAl Friday . h b kin "thMI N I ked 1i t da if the decision could wai t until (b) (5) v/r, Mark From: SMITH , BRENDA BROCKMAN Sent: Tuesday , Augt!st 22. 2017 1:40 PM To : Peter .K.Navan· Cc : (b)(6) (b)(7)(c) KATHR KOLBE, ORKOWSKI, MARKS (b)(6) (b)(7)(c) Subject: FW: Request for Emergency Mee ting in Staff See's office tomo1rnw at 10 a.m. or 11 a.m. to resolve border wal l issue Peter - we would like to join tomon-ow's meeting on CBP's behalf. Could someone send us a WAVES link? Thanks , Brenda Brenda B. Smith Executive Assistan t Commissioner Office of Trade US Cust oms and Border Protection 1400 L St., NW 12th floor Washington , DC 20229 (b) (6), (b) (7)(C) From: Sent: Tuesday , August 22, 201 7 1:36 PM To : SMITH. BRENDA BROCKMAN (b)(6) (b)(7)(c) BW14 FOIA CB P 000060 DHS-17-0426-B-000060 KOLBE, KATHRYN (b)(6) (b)(7)(c) Subject: FW: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue - In case you have not seen this email from Peter Navarro. F (b) (6), (b) (7) (C) Associate Chief Counsel - Trade and Finance Office of the Chief Counsel U S Customs and Border Protection (b) (6), (b) (7)(C)             ATTORNEY-CLIENT PRIVILEGED/ATTORNEY WORK PRODUCT This communication might contain communications between attorney and client, communications that are part of the agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside the agency or to the public. Please consult with the Office of Chief Counsel, U.S. Customs and Border Protection before disclosing any information contained in this email. From: Navarro, Peter K. EOP/WHO (b) (6) Sent: Tuesday, August 22, 2017 12:14 PM To: Staff Secretary >; Lyons, Derek S. EOP/WHO(b) (6) Porter, Robert R. EOP/WHO (b) (6) Cc: Lighthizer, Robert E. EOP/USTR (b) (6) (b) (6), (b) (7)(C) P. EOP/WHO (b) (6) EOP/WHO (b) (6) EOP/USTR(b) (6) EOP/USTR (b) (6) MCALEENAN, KEVIN K ; Bremberg, Andrew Miller, Stephen Vaughn, Stephen P. Griffin, Payne P. (b)(6) (b)(7)(c) Hamilton, Gene(b) (6) Morrell, David M. EOP/WHO (b) (6) Subject: Request for Emergency Meeting in Staff Sec's office tomorrow at 10 a.m. or 11 a.m. to resolve border wall issue Derek, I spoke with Rob about this and am attaching documents that relate to a deadline for inclusion of Buy American provision in border wall bids. My office has been working a number of months now on this but we are at an impasse and a decision needs to be made forthwith. I am requesting an emergency meeting tomorrow morning at StaffSec's office at 10 a m. or 11 a m. with representatives from CBP, USTR, DPC, OTMP, and WHLC. BW14 FOIA CBP 000061 DHS-17-0426-B-000061 Thanks for your consideration. Peter Navarro Attachments Information Memo Various documents from CBP BW14 FOIA CBP 000062 DHS-17-0426-B-000062 From: MCALEENAN, KEVIN Sent: Monday, September 25, 2017 5:23:02 PM To: KOLBE, VITIELLO USBP -: BORKOWSKI, Su -ject: RE: Press Inquiryr re: POTUS Evaluation of Border Wall Prototypes Than l: you. (5) FOIA CBP 0004363 DHS-17-0426-B-000063 (b)(5) From: KOLBE,KATHRYN Sent: Mo nday, September 25, 2017 12:16 PM To: MCALEENAN, KEVIN K Cc: FRIEL, MICHAELJ VITIELLO,RONALD D (USBP) (b)(6) (b)(7)( c) (b)(6) (b)(7)(c) BORKOWSKI, MARKS(b)(6) (b)(7)(c) Subject: PressInquiry re: POTUSEvaluation of Border Wall Prototypes C1/C2, The OHS press office forwarded this press inquiry to us this morning . 2. The president said that he will soon take a look at the prototypes and then personall y select the best design. "We are looking at four different samples built by four great companies, four different concepts. They're ju st about completed," Trump said. "I'm going to go out and look at them personall y and pick the right one." Can you explain what role, if any, the president can legally have in per sonally choosing a design ? Who would otherwise be authorized to choose? Below is our proposed CBP respo nse to the press . We wo uld appreciate your feedback & will coordinate with DHS CPO & 0MB following your feedback: VR , KK Kathryn L. Kolbe Executive Ass istant Commiss ione r Enterpr ise Services U.S. Customs and Border Protect ion (b) (6), (b) (7)(C) Office (b) (6), (b) (7)(C) Cell From: CALVO, KARLH. Sent: Mo nda , Se tembe r 25, 2017 11:20 AM To: FRIEL, MICHAELJ BW14 FOIA CBP 000064 DHS-17-0426-B-000064 (b)(6) (b)(7)(c) BORKOWSK I, MARKS Cc: KOLBE,KATHRYN(b)(6) (b)(6) (b)(7)(c) (b)(7)( c) (b)(6) (b)(7)(c) (b)(6) (b)(7)( c) Subject: RE: border wall questions All, v/ r Karl From:(b) (6), (b) (7)(C) Sent: Mo nday, September 25, 2017 10:35 AM To: FRIEL, MICHAELJ (b)(6) (b)(7)(c) BORKOWSK I, MARKS (b)(6) (b)(7)( c) Cc:CALVO,KARL H. (b)(6) (b)(7)(c) Subject: RE: border wall questions KOLBE,KATHRYN(b)(6) (b)(7)(c) (b) (5) Hi Mike, t hanks. This is more a program issue but I see that Karl is already on th is. (b) (6), (b) (7)(C) Deputy Assist ant Commissioner, Acquisit ion Head of the Cont racting Activity Locat ion: Pf Pf National Place, Washington, DC (b) (6), (b) (7)(C) Desk: Cell: (b) (6), (b) (7)(C) Main: (b) (6), (b) (7)(C) From:FRIEL, MICHAELJ Sent: Mo nday, September 25, 2017 9:38 AM To: BORKOWSK I, MARKS(b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Cc:CALVO,KARL H. (b)(6) (b)(7)( c) (b)(6) (b)(7)(c) KOLBE, KATHRYN BW14 FOIA CBP 000065 DHS-17-0426-B-000065 Subject: FW: borde r wa ll questio ns (b) (5) Appreciate you r feedback. R/S M ike (b) (6) From: Sent: Mo nday, Septembe r 25, 2017 8 :52 AM To: Subject: RE: border wall questio ns FRIEL, MICHAELJ (b)(6) (b)(7)(c) Let's m ake sure to loop in OGC on any draft response fr om th e procurement people. From: (b) (6) Sent: Monday, September 25, 2017 8:49:13 AM To: FRIEL MICHAELJ Cc: (b) (6) Subject: FW: border wall questions (b) (5) - Thanks, From: Love, Kelly A. EOP/WHO (b) (6) Sent: Sunday, Septembe r 24, 2017 9:30 PM To: (b) (6) Subject: Re: border wa ll questions Thank you . Question fror f!IP: -low: (b) (5) BW14 FOIA CBP 000066 DHS-17-0426-B-000066 - (b) (5) Sent from my iPhone On Sep 24, 2017, at 11:01 AM, (b) (6) wrote: FYI (b) (6) Deputy Assistant Secretary for Media Operations/Press Secretary Department of Homeland Security (b) (6) (b) (6) (b) (6) From: (b) (6) Sent: Sunday, September 24, 2017 10:15:11 AM To: (b) (6) Subject: RE: border wall questions Ok thanks. We've had a story online since early yesterday but we can always handle new info.   (b) (6) Washington Bureau Chief Dallas Morning News (b) (6) (b) (6) (b) (6) mobile (b) (6)   (b) (6) On Sep 24, 2017 10:06 AM, wrote: (b) (6) If not too late for you, I've provided some wall and prototype details to the WH Comms team. Since your questions are about the President's comments, it's more appropriate for the WH to respond. You should be hearing from Kelly Love this morning. (b) (6) (b) (6) Deputy Assistant Secretary for Media Operations/Press Secretary Department of Homeland Security (b) (6) (b) (6) (b) (6) (o) (m) BW14 FOIA CBP 000067 DHS-17-0426-B-000067 (b) (6) From: Sent: Saturday, September 23, 2017 10:27:04 AM To: (b) (6) Subject: border wall questions - Hey (b) (6) , Sorry to bug you on a weekend. The president's comments last night about a border wall raised a few questions. 1. He said he wants the border wall to be "see-through." I know that making sure Border Patrol et al can see what's going on across the border is a goal in the design, but the president made it sound as though he wants the barrier to be entirely see-through. Is that part of the anticipated design?   2. The president said that he will soon take a look at the prototypes and then personally select the best design.  "We are looking at four different samples built by four great companies, four different concepts. They're just about completed," Trump said. "I'm going to go out and look at them personally and pick the right one."   Can you explain what role, if any, the president can legally have in personally choosing a design? Who would otherwise be authorized to choose?   Thanks much.   (b) (6) Washington Bureau Chief The Dallas Morning News 529 14th Street NW, (b) (6) Washington, DC 20045 (b) (6) (b) (6) cell - (b) (6)   BW14 FOIA CBP 000068 DHS-17-0426-B-000068 From: To: BORKOWSKI MARK S Subj ect : (b) (6), (b) (7)(C) KOLBE, KAT HRYN RE: Press I nquiry re: POTUS Evaluatio n of Border Wall Prototypes Date : T uesday, September 26, 2017 1:34 :11 PM (b) (5) (b) (5) I kind of liked what the lawyers offered . From:(b) (6), (b) (7)(C) Sent: Monday, September 25, 2017 2:50 PM (b)(6) (b)(7)(c) To: KOLBE,KATHRYN BORKOWSKI , MARKS (b)(6) (b)(7)(c) Subject: RE: PressInquiry re: POTUSEvaluat ion of Border Wall Prot ot ypes (b) (5) From: KOLBE, KATHRYN Sent: Monday,September 25 2017 6·03·50 PM To: BORKOWSKI, MARK S; (b) (6), (b) (7)(C) Subject: FW: Press I nquiry re: POTUS Evaluation of Border Wall Prototypes From:MCALEENAN, KEVIN K Sent: Monday, September 25, 2017 12:28 PM (b)(6) (b)(7)(c) To: KOLBE,KATHRYN VITIELLO, RONALDD (USBP) (b)(6) (b)(7)(c) BORKOWSK I, MARKS(b)(6) (b)(7)(c) (b)(6) (b)(7)( c) Subject: RE: PressInquiry re: POTUSEvaluat ion of Border Wall Prot ot ypes Thank you. (b) (5) BW14 FOIA CBP 000069 DHS-17-0426-B-000069 (b) (5) From: KOLBE,KATHRYN Sent: Mo nday, September 25, 2017 12:16 PM To: MCALEENAN, KEVIN K (b)(6) (b)(7)(c) VITIELLO,RONALD D (USBP) (b)(6) (b)(7)(c) Cc: FRIEL, MICHAELJ (b)(6) (b)(7)( c) (b)(6) (b)(7)(c) BORKOWSKI, MARKS(b)(6) (b)(7)( c) Subject: PressInquiry re: POTUSEvaluation of Border Wall Prototypes C1/C2, The OHS press office forwarded this press inquiry to us this morning . 2. The president said that he will soon take a look at the prototypes and then personall y select the best design. "We are looking at four different samples built by four great companies, four different concepts. They're ju st about completed," Trump said. "I'm going to go out and look at them personall y and pick the right one." Can you explain what role, if any, the president can legally have in personally choosing a design ? Who would otherwise be authorized to choose? Below is our proposed CBP respo nse to the press . We wo uld appreciate your feedback & will coordinate with DHS CPO & 0MB following your feedback: VR , KK Kathryn L. Kolbe Executive Ass istant Commiss ione r Enterpr ise Services U.S. Customs and Border Protect ion ~:: .~..- From: CALVO, KARLH. Sent: Mo nday, September 25, 2017 11:20 AM To: (b)(6) (b)(7)(c) FRIEL,MICHAELJ BW14 FOIA CBP 000070 DHS-17-0426-B-000070 BORKOWSK I, MARKS (b)(6) (b)(6) (b)(7)(c) Cc: KOLBE,KATHRYN(b)(6) (b)(7)(c) (b)(7)(c) Subject: RE: border wall questions All, v/ r Karl From:(b) (6), (b) (7)(C) Sent: Mo nday, September 25, 2017 10:35 AM To: FRIEL, MICHAELJ (b)(6) (b)(7)(c) BORKOWSK I, MARKS (b)(6) (b)(7)(c) Cc:CALVO,KARL H. (b)(6) (b)(7)( c) Subject: RE: border wall questions KOLBE,KATHRYN(b)(6) Hi Mike, t hanks (b) (5) (b)(7)(c) (b) (6), (b) (7)(C) Deputy Assist ant Commissioner, Acquisit ion Head of the Cont racting Activity Locat ion: Pf Pf National Place, Washington, DC ~= ~k.... Main: (b) (6), (b) (7)(C) From:FRIEL, MICHAELJ Sent: Mo nday, September 25, 2017 9:38 AM To: BORKOWSK I, MARKS(b)(6) (b)(7)( c) (b)(6) (b)(7)( c) Cc:CALVO,KARL H. (b)(6) (b)(7)(c) KOLBE, KATHRYN(b)(6) (b)(7)( c) BW14 FOIA CBP 000071 DHS-17-0426-B-000071 Subject: FW: border wall questions - (6), (b) Mark, (b) (7)(C)   (b) (5) .   Appreciate your feedback.   R/S   Mike   From: (b) (6) Sent: Monday, September 25, 2017 8:52 AM To: (b) (6) FRIEL, MICHAEL J (b)(6) (b)(7)(c) Subject: RE: border wall questions Let's make sure to loop in OGC on any draft response from the procurement people. (b) (6) From: Sent: Monday, September 25, 2017 8:49:13 AM To: FRIEL, MICHAEL J (b) (6) Cc: Subject: FW: border wall questions (b) (5) (b) (5)   Thanks, (b) (6)   From: Love, Kelly A. EOP/WHO (b) (6) Sent: Sunday, September 24, 2017 9:30 PM To: (b) (6) Subject: Re: border wall questions - Thank you. Question from (b) (6) below: (b) (5) BW14 FOIA CBP 000072 DHS-17-0426-B-000072 - (b) (5) Sent from my iPhone On Sep 24, 2017, at 11:01 AM, (b) (6) wrote: FYI (b) (6) Deputy Assistant Secretary for Media Operations/Press Secretary Department of Homeland Security (b) (6) (b) (6) (o) (m) (b) (6) (b) (6) From: Sent: Sunday, September 24, 2017 10:15:11 AM (b) (6) To: Subject: RE: border wall questions Ok thanks. We've had a story online since early yesterday but we can always handle new info. (b) (6) Washington Bureau Chief Dallas Morning News (b) (6) (b) (6) mobile (b) (6) (b) (6) - On Sep 24, 2017 10:06 AM, (b) (6) > wrote: (b) (6) If not too late for you, I've provided some wall and prototype details to the WH Comms team. Since your questions are about the President's comments, it's more appropriate for the WH to respond. You should be hearing from Kelly Love this morning. (b) (6) (b) (6) Deputy Assistant Secretary for Media Operations/Press Secretary Department of Homeland Security (b) (6) (b) (6) (b) (6) (o) (m) BW14 FOIA CBP 000073 DHS-17-0426-B-000073 From: (b) (6) Sent: Saturday, September 23, 2017 10:27:04 AM To: (b) (6) Subject: border wall questions - Hey (b) (6) , Sorry to bug you on a weekend. The president's comments last night about a border wall raised a few questions. 1. He said he wants the border wall to be "see-through." I know that making sure Border Patrol et al can see what's going on across the border is a goal in the design, but the president made it sound as though he wants the barrier to be entirely see-through. Is that part of the anticipated design? 2. The president said that he will soon take a look at the prototypes and then personally select the best design. "We are looking at four different samples built by four great companies, four different concepts. They're just about completed," Trump said. "I'm going to go out and look at them personally and pick the right one." Can you explain what role, if any, the president can legally have in personally choosing a design? Who would otherwise be authorized to choose? Thanks much. (b) (6) Washington Bureau Chief The Dallas Morning News 529 14th Street NW, (b) (6) Washington, DC 20045 (b) (6) (b) (6) cell - (b) (6) BW14 FOIA CBP 000074 DHS-17-0426-B-000074 From: To: Subject: Date: CALVO, KARL H. KOLBE, KATHRYN RE: CBP Buy American Update Tuesday, April 11, 2017 10:02:04 PM Kathryn, (b) (5) V/r Karl From: KOLBE, KATHRYN Sent: Tuesday, April 11, 2017 9:58:54 PM To: CALVO, KARL H. Subject: RE: CBP Buy American Update OK, what’s the plan to award RGV?       Kathryn L. Kolbe Executive Assistant Commissioner Enterprise Services U.S. Customs and Border Protection (b) (6), (b) (7)(C) Office (b) (6), (b) (7)(C) Cell   From: CALVO, KARL H. Sent: Tuesday, April 11, 2017 9:58 PM To: KOLBE, KATHRYN (b)(6) (b)(7)(c) Subject: RE: CBP Buy American Update   Kathryn, (b) (5) V/r Karl   From: KOLBE, KATHRYN Sent: Tuesday, April 11, 2017 9:53:19 PM To: CALVO, KARL H. Subject: FW: CBP Buy American Update Karl,   (b) (5) BW14 FOIA CBP 000075 DHS-17-0426-B-000075 (b) (5) (b) (5) From: (b) (6), (b) (7)(C) Sent: Tuesday, April 11, 2017 9:47 PM To : KOLBE,KATHRYN•• • LVO, KARLH. (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) BORKOWSK I, MARK S Subject: FW: CBPBuy American Update Fyi From: SMITH, BRENDA BROCKMAN Sent: Wednesday, To: '" _."..rrr · :55:40 AM Gray, Alexander B. EOP/WHO Cc: Subject: CBPBuy American Update Peter and Alex, (b) (5) BW14 FOIA CBP 000076 DHS-17-0426-B-000076 (b) (5)   (b) (5)   (b) (5)   (b) (5)   (b) (5)   Please let me know if this raises any additional questions.  We are also working to find the answer on how much foreign content could still be allowed under the provisions of BAA.   Have a good evening, Brenda   BW14 FOIA CBP 000077 DHS-17-0426-B-000077     Brenda B. Smith Executive Assistant Commissioner Office of Trade US Customs and Border Protection 1400 L St., NW  12th floor Washington, DC  20229   (b)(6) (b)(7)(c) Email: Phone: (b) (6), (b) (7)(C)   Please contact (b) (6), (b) (7)(C) information.   or (b)(6) (b)(7)(c) for calendar BW14 FOIA CBP 000078 DHS-17-0426-B-000078 From: To: CALVO, KARL H. Cc: Subject: (b) (6) Date: Atta chments: Th ursday, May 18, 2017 7:30:49 AM Buy American Act and FAR.PDF Buy American Domestic Content Restrictions .pdf Buy American and Hire American .pdf FW CBP Buy American Update .msg KOLBE KATHRYN FW: FOR WALL I PT: Update on Buy Amer ican Act Katlnyn, ((b )(6).(b )(7)(C) Below is a ve1y detailed status BAA from We'll attempt to boil down to salient points for the Wall IPT. Suffice it to say, ve1y complicated. V/r Karl Karl H. Calvo, CFM, PMP Assistant Commissioner Office of Facilities and Asset Management BW14 FOIA CBP 000079 DHS-17-0426-B-000079 FOIA CBP DHS-17-0426-B-000080 ATTORNEY-CLIENT PRIVILEGED/ATTORNEY WORK PRODUCT This communication might contain communications between attorney and client, communications that are part of the agency deliberative process, or attorney-work product, all of which are privileged and not BW 14 FOIA CBP 00008 1 DHS-17-0426-B-000081 subject to disclosure outside the agency or to the public. Please consult with the Office of Chief Counsel, U.S. Customs and Border Protection before disclosing any information contained in this email.   (b) (6), (b) (7)(C) From: Sent: Tuesday, May 16, 2017 2:28 PM To: (b)(6) (b)(7)(c) Cc: (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) (b)(6) (b)(7)(c) Subject: FOR WALL IPT: Update on Buy American Act   - (b) (6), (b) (7) (C) We’re working on the Wall IPT slides for the meeting Thursday and I know that EAC Kolbe is interested in any updates on the Buy American Act. Do you have a few bullets we can include in the deck?  Can you send me something by 10:00 AM tomorrow (5/17)?   Thanks, (b) (6), (b) (7)(C)   (b) (6), (b) (7)(C) Special Projects Analyst Agile Group Office of Facilities and Asset Management U.S. Customs and Border Protection Mobile: (b) (6), (b) (7)(C) (b)(6) (b)(7)(c)   (b) (5) BW14 FOIA CBP 000082 DHS-17-0426-B-000082 BW14 FOIA CBP 000083 BW14 FOIA CBP 000084 HSBP1017R0022 Section H - Special Contract Requirements 3052.215-70 Key Personnel or Facilities (Dec 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on his contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract are: Contractor’s Construction Superintendent Contractor's Project Manager Contractor’s Lead Designer However, additional Key Personnel may be added at the task order level per the TO RFP. Disclosure of Information (Mar 2003) (a) General: Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons, except as may be necessary in the performance of the contract. Technical Data Rights: The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information. (b) Privacy Act: In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees. (c) Post Award Evaluation of Contractor Performance (Jul 2014) A. Contractor Performance Evaluations Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order. Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments. The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS. The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal 10 BW14 FOIA CBP 000085 DHS-17-0426-B-000085 HSBP1017R0022 statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete and the decision is final. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions. B. Designated Contractor identify a primary representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award. C. Electronic Access to Contractor Performance Evaluations The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP). The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS. The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed. Government Consent of Publication/Endorsement (Mar 2003) Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Ordering Procedures Ordering of design and build services under this contract shall be accomplished through the issuance of written fixed price task orders. In accordance with FAR 16.505(b)(1), the Contracting Officer will ensure that all Contractors (IDIQ contract holders) receive a fair opportunity to compete for task orders issued under this contract. When there is a requirement for a task order to be fulfilled, the Government will issue a Request for Proposals (RFP) to all Contractors under the IDIQ contract. Each TO RFP will define and include the requirements, proposal instructions, evaluation criteria, and clauses unique to the award of the individual task order, including an explicit designation of the applicable FAR Part 25 clauses. Unless otherwise specified, all applicable clauses in the IDIQ contract shall apply at the task order level, The TO RFPs will define the bonding requirements for each task order. Future TO RFPs will require Offerors to bond for the full value of the awarded task orders in accordance with the values set forth in FAR 52.216-9, “Order Limitation.” All offerors shall be able to bond for the full value of any future task order in order to be considered eligible in the evaluation and award of such task orders under the IDIQ contract. After the Government has completed an evaluation of the submitted proposals, the CO may conduct discussions with the Contractors, as needed, to resolve and/or understand any concerns within their RFP proposals. Following any discussions with the Contractors, the CO will issue a written task order to the Contractor who provides the best value to the Government, as defined in each task order. 11 BW14 FOIA CBP 000086 DHS-17-0426-B-000086 HSBP1017R0022 All task orders issued under this contract shall conform to the provisions of the contract clauses FAR 52.21618 "Ordering," and FAR 52.216-9, “Order Limitation,” contained in the contract. The only office(s) authorized to issue task orders under this contract are: U.S. Customs and Border Protection Office of Acquisition [END OF SECTION H] 12 BW14 FOIA CBP 000087 DHS-17-0426-B-000087