From: (b) (6)

To: ADAMS, ROWDY ( ; (b) (6)

Cc: (b) (6)
Subject: Re: KBH letter to Chertoff on Levee Fence
Date: Thursday, March 20, 2008 8:45:39 AM

I'm boarding a plane back to Dallas now. Scheduled to arrive around 1015 Central.
(b) is in the air this morning. Not sure on times.
(6)
-----Original Message-----
From: ADAMS, ROWDY D (b) (6)
To: (b) (6)

CC: (b) (6)

Sent: Thu Mar 20 07:33:22 2008
Subject: FW: KBH letter to Chertoff on Levee Fence

(b) (6) b

Here is the excerpt from the options paper developed over the last week.

I think we need a quick telecom to work the details. How about 9am (b) I know Dallas is behind 1 or
2 hrs from EST)? (6)

Rowdy

________________________________

From: (b) (6)

Sent: Thursday, March 20, 2008 8:16 AM
To: ADAMS, ROWDY D
Subject: RE: KBH letter to Chertoff on Levee Fence

Option 1a: (b)(5), (b)(6)

The Economy Act, 31 U.S.C. § 1535, provides agencies with the authority to acquire goods or services
from other federal agencies. One of the factors that must be satisfied is that the agency that is asked
to provide the goods or services (referred to as the “servicing agency”) is able to provide the goods or
services in-house or via contract. 31 U.S.C. § 1535(a)(3); see also FAR 17.503(b).

(b)(5), (b)(6)
(b)(5), (b)(6)

Ordinarily, a federal entity can award such a contract only after “full and open competition.” 41 U.S.C.
§ 253(a)(1). There are certain exceptions to this rule, however, that permit agencies to award contracts
using less than full and open competition (e.g., sole source). See 41 U.S.C. § 253(b) and (c); FAR
6.302-1 to 6.302-7. The most defensible exception in this case is the “public interest exception,” which
states that full and open competition need not be provided for when the agency head determines that it
is not in the public interest in a particular acquisition. See FAR 6.302-7(a)(2).[1] An alternative
exception may be available if the needs of are unusual or compelling urgency and delay would result in
serious injury, financial or other, to the Government. FAR 6.302-2.

(b)(5), (b)(6)

CBP Comments: (b)(5), (b)(6)

(b)(5), (b)(6)

________________________________

From: ADAMS, ROWDY D

Sent: Thursday, March 20, 2008 7:41 AM
To: AHERN, JAYSON P; (b) (6)
Subject: RE: KBH letter to Chertoff on Levee Fence
Jay

I am engaging Counsel and ACoE for response ASAP.

Rowdy

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________________________________

________________________________

[1] A request to use this exception must be prepared in writing by the contracting officer and submitted
through the Head of Contracting Activity (“HCA”) and the Chief Procurement Officer (“CPO”) for review
and transmittal to the Secretary for approval. See HSAR 3006.302-7. Further, this exception requires
written notice to Congress at least 30 days before award of the contract. FAR 6.302-7(c)(2). The
Secretary must issue a written determination, FAR 6.302-7(c), that includes “[f]indings that detail
particular circumstances, facts, or reasoning essential to support the determination.” FAR 1.704 (d),
(e). The Secretary’s determination would be judicially reviewable for whether it was a clear and
convincing justification. Spherix, Inc. v. United States, 58 Fed. Cl. 351, 358 (2003).