Select Subcommittee on the Coronavirus Crisis letter to DHS Secretary Alejandro Mayorkas and FEMA Acting Administrator Bob Fenton (March 30, 2021)
Summary
In a letter dated March 30, 2021 to Homeland Security Secretary Alejandro Mayorkas and FEMA Acting Administrator Bob Fenton, the Select Subcommittee on the Coronavirus Crisis says documents recently obtained from other sources raise new questions about how the previous Administration procured personal protective equipment. It cites a March 1, 2020 White House memorandum in which Peter Navarro warned that the response "is NOT fast enough," and says Navarro told an executive of AirBoss Defense Group "everything you requested is ok" hours after a $96 million proposal, with FEMA awarding the $96 million sole-source contract six days later. The letter asks for documents from January 1, 2020 to January 20, 2021 by April 13, 2021, beginning with communications on efforts to import supplies, including Project Airbridge. Chairman James E. Clyburn signed it with other members of Congress.
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Full text
March 30, 2021
The Honorable Alejandro Mayorkas
Secretary
Department of Homeland Security
245 Murray Lane, S.W.
Washington, D.C. 20528
Mr. Bob Fenton
Acting Administrator
Federal Emergency Management Agency
500 C Street, S.W.
Washington, D.C. 20472
Dear Secretary Mayorkas and Acting Administrator Fenton:
The Select Subcommittee on the Coronavirus Crisis is investigating the federal
government’s efforts to procure and distribute personal protective equipment (PPE) and other
supplies that are vital to protecting American lives during the coronavirus pandemic. The Trump
Administration obstructed this inquiry for months, but documents recently obtained from other
sources raise troubling new questions about the previous Administration’s approach to
procurement and its impact on our nation’s response to the pandemic. These documents provide
further evidence that the Trump Administration failed to react quickly to the coronavirus
pandemic in Spring 2020 despite urgent warnings, failed to implement a national strategy to
alleviate critical supply shortages that were putting American lives at risk, and pursued a
haphazard and ineffective approach to procurement in which senior White House officials
steered contracts to particular companies without adequate diligence or competition.
The Select Subcommittee obtained an internal White House memorandum from March 1,
2020, in which then-Assistant to the President Peter Navarro warned President Trump of the
urgent need to “STAY AHEAD OF VIRUS CURVE.” He stated bluntly that the country was
facing “a very serious public health emergency” and explained: “Over the last month, I have
presented the Task Force with action memos to combat the virus swiftly in ‘Trump Time,’ but
movement has been slow.” Mr. Navarro stated that progress on critical elements of the nation’s
response—from strengthening supply chains to increasing testing and treatment options—
“is NOT fast enough.”
Rather than heed this warning and implement a coordinated national strategy,
President Trump asserted just a few weeks later: “The Federal government is not supposed to be
out there buying vast amounts of items and then shipping. You know, we’re not a shipping
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 2
clerk.”1 The President rejected calls from governors to ensure that the country had sufficient
PPE and other supplies to address the crisis, leading to severe shortages and forcing states and
cities to compete on the open market.
In the absence of a coordinated national plan, various White House officials pursued
ineffective, ad hoc approaches to procuring certain supplies. Recently obtained documents show
that White House officials pushed federal agencies to issue non-competitive contracts for certain
pharmaceutical ingredients and other items—some of which would not be ready for many
months or even years—even as acute shortages for surgical masks, nitrile gloves, gowns, and
other items continued.2 For example, documents show that, just hours after receiving a
$96 million proposal from AirBoss Defense Group (ADG), a company offering to supply
powered respirators, Mr. Navarro told a company executive, “everything you requested is ok,”
and instructed the company to “trust your government and begin to execute,” even though no
contract had been negotiated or signed. The Federal Emergency Management Agency (FEMA)
awarded ADG the $96 million sole-source contract just six days later. Several other large
contracts awarded by FEMA were canceled for non-performance, raising questions about
whether the agency conducted adequate diligence prior to granting multi-million-dollar awards.
We are pleased that the Biden Administration is now implementing a coordinated
national strategy to procure supplies, including using the Defense Production Act to ramp up
production and taking steps to strengthen supply chains and restore American manufacturing
capability.3 The Biden Administration’s strategy, along with its commitment to transparency and
to science, will help to bring this crisis to an end. In order to understand what went wrong over
the last year, correct these errors, and prevent them from recurring, the Select Subcommittee is
continuing to investigate critical failures in the previous Administration’s approach to procuring
and distributing supplies.
1
‘We’re Not a Shipping Clerk’: Trump Tells Governors to Step up Efforts to Get Medical Supplies,
Politico (Mar. 19, 2020) (online at www.politico.com/news/2020/03/19/trump-governors-coronavirus-medical-
supplies-137658).
2
HHS Clarifies US Has About 1% of Face Masks Needed for ‘Full-Blown’ Coronavirus Pandemic, CNBC
(Mar. 4, 2020) (online at https://cnbc.com/2020/03/04/hhs-clarifies-us-has-about-1percent-of-face-masks-needed-
for-full-blown-pandemic.html); U.S. Hospital Workers Are Making Masks, Protective Gear from Office Supplies
Amid Equipment Shortage, Time (Mar. 18, 2020) (online at www.time.com/5805557/homemade-medical-face-
mask-shortage/); ‘At War With No Ammo’: Doctors Say Shortage of Protective Gear Is Dire, New York Times
(Mar. 19, 2020) (online at www.nytimes.com/2020/03/19/health/coronavirus-masks-shortage.html).
3
See, e.g., Exec. Order No. 14017, 86 Fed. Reg. 11849 (Feb. 24, 2021) (online at
www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/);
Exec. Order No. 14001, 86 Fed. Reg. 7219 (Jan. 21, 2021) (online at www.whitehouse.gov/briefing-
room/presidential-actions/2021/01/21/executive-order-a-sustainable-public-health-supply-chain/).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 3
The Trump Administration’s Failed Approach to Obtaining Critical Supplies
On March 1, 2020, Mr. Navarro wrote a memorandum to President Trump entitled:
“MOVE IN ‘TRUMP TIME’ TO STAY AHEAD OF VIRUS CURVE.” The memo, which
followed other memos warning the President of the potential severity of the coronavirus
outbreak,4 stated:
Since the first news from China of a viral epidemic, I forecast a significant global
pandemic. … Over the last month, I have presented the Task Force with action
memos to combat the virus swiftly in ‘Trump Time,’ but movement has been
slow. There is NO downside risk to taking swift actions as an insurance policy
against what may be a very serious public health emergency. If the COVID-19
crisis quickly recedes, the only thing we will have been guilty of is prudence.5
Mr. Navarro’s memo advocated five specific steps that the Administration could take to
address the looming crisis, including mobilization of supply chains, developing point-of-care
diagnostics, and increasing capacity to develop treatments. The memo emphasized: “In some
cases, there is already SOME movement BUT the movement is NOT fast enough.”6
This memo adds to the growing body of evidence showing that the Trump Administration
failed to execute an effective strategy to procure PPE, leading to severe shortages and forcing
states and cities to compete on the open market for scarce supplies.
A memorandum released by the Committee on Oversight and Reform in July 2020
revealed that Trump Administration officials resisted offers from major manufacturers to assist
in obtaining PPE and other critical supplies as early as January 2020. Oversight Committee staff
conducted interviews with representatives from major medical equipment distribution
companies, who reported that “folks in the industry saw that things were getting worse, and their
requests for guidance was increasing week by week” and that “everyone was asking the same
questions, but guidance wasn’t coming.”7 Although the White House was aware of the potential
4
Navarro Memos Warning of Mass Coronavirus Death Circulated in January, Axios (Apr. 7, 2020)
(online at www.axios.com/exclusive-navarro-deaths-coronavirus-memos-january-da3f08fb-dce1-4f69-89b5-
ea048f8382a9.html).
5
Memorandum from Peter Navarro through NSA O’Brien to the President, Move in ‘Trump Time’ to Stay
Ahead of Virus Curve (Mar. 1, 2020) (PHLOW_SSCC_0017388 – 97) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/PHLOW_SSCC_0017388_Redacted.pdf)
(emphasis in original).
6
Id.
7
Memorandum from Chairwoman Carolyn B. Maloney, Committee on Oversight and Reform, to Chairman
James E. Clyburn, Select Subcommittee on the Coronavirus Crisis, Information Provided by Medical Distribution
Companies on Challenges with White House Supply Chain Task Force and Project Airbridge (July 2, 2020) (online
at https://oversight.house.gov/news/press-releases/chairwoman-maloney-releases-memo-with-new-information-on-
trump-administration-s).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 4
for shortages, the Trump Administration appeared to take little action early in the pandemic to
procure supplies.8
On March 20, 2020—nearly three weeks after the President was warned of the need for
“swift actions”—then-FEMA Administrator Peter Gaynor briefed the Oversight Committee. He
stated that FEMA, the primary federal agency responsible for disaster relief, had not been fully
engaged in the White House Coronavirus Task Force until earlier that week and did not host its
first “interagency synchronization call” until that day.9 FEMA subsequently became responsible
for leading the Supply Chain Stabilization Task Force, one of several different groups tasked by
the Trump Administration with procuring or distributing supplies.10 It is unclear whether and to
what extent these groups coordinated with each other.11
In late March 2020, the White House Coronavirus Task Force formed Project Airbridge
to import PPE and other supplies from overseas manufacturers on trans-continental flights. The
federal government did not take ownership of the supplies.12 Instead, private suppliers
participating in the program were required to sell half of the imported goods to customers in
“hotspot” areas defined by FEMA,13 while retaining discretion to determine where to distribute
the remaining 50 percent of supplies without any guidance from the federal government.14
8
President’s Intelligence Briefing Book Repeatedly Cited Virus Threat, Washington Post (Apr. 27, 2020)
(online at www.washingtonpost.com/national-security/presidents-intelligence-briefing-book-repeatedly-cited-virus-
threat/2020/04/27/ca66949a-8885-11ea-ac8a-fe9b8088e101_story.html).
9
Committee on Oversight and Reform, Press Release: FEMA Briefs Oversight Committee on
Administration’s Coronavirus Response (Mar. 20, 2020) (online at https://oversight.house.gov/news/press-
releases/fema-briefs-oversight-committee-on-administration-s-coronavirus-response).
10
Federal Emergency Management Agency, Press Release: FEMA Supply Chain Task Force Leads Four-
Pronged Approach to Securing Needed Supplies and Equipment in COVID-19 Fight (Apr. 6, 2020) (online at
www.fema.gov/news-release/20200726/fema-supply-chain-task-force-leads-four-pronged-approach-securing-
needed).
11
Memorandum from Chairwoman Carolyn B. Maloney, Committee on Oversight and Reform, to
Chairman James E. Clyburn, Select Subcommittee on the Coronavirus Crisis, Information Provided by Medical
Distribution Companies on Challenges with White House Supply Chain Task Force and Project Airbridge
(July 2, 2020) (online at https://oversight.house.gov/news/press-releases/chairwoman-maloney-releases-memo-with-
new-information-on-trump-administration-s).
12
Federal Emergency Management Agency, FEMA COVID-19 Supply Chain Task Force: Supply Chain
Stabilization (Apr. 8, 2020) (online at www.fema.gov/news-release/2020/04/08/fema-covid-19-supply-chain-task-
force-supply-chain-stabilization).
13
Federal Emergency Management Agency, Press Release: FEMA Phasing Out Project Airbridge
(Jun. 18, 2020) (online at www.fema.gov/news-release/2020/06/18/fema-phasing-out-project-airbridge); Committee
on Oversight and Reform, Press Release: New Document Shows Inadequate Distribution of Personal Protective
Equipment and Critical Medical Supplies to States (Apr. 8, 2020) (online at https://oversight.house.gov/news/press-
releases/new-document-shows-inadequate-distribution-of-personal-protective-equipment-and).
14
White House Pandemic Supply Project Swathed in Secrecy and Exaggerations, Washington Post (May 8,
2020) (online at www.washingtonpost.com/investigations/white-house-pandemic-supply-project-swathed-in-
secrecy-and-exaggerations/2020/05/08/9c77efb2-8d52-11ea-a9c0-73b93422d691_story.html); Memorandum from
Chairwoman Carolyn B. Maloney, Committee on Oversight and Reform, to Chairman James E. Clyburn, Select
Subcommittee on the Coronavirus Crisis, Information Provided by Medical Distribution Companies on Challenges
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 5
Distributors were not required to disclose their prices to the Administration, and no oversight
mechanisms were put in place to ensure prices were reasonable.15
Some distributors also informed Oversight Committee staff that the White House
pressured them to procure supplies from a Chinese company, despite clear red flags, and relied
on an ad hoc group of volunteers called the Private Sector Supply Chain Coalition—rather than
executive branch procurement experts—to source supplies.16
At a Select Subcommittee hearing on July 2, 2020, Trump Administration officials from
FEMA, the Department of Health and Human Services (HHS), and the Department of Defense
were unable to provide information on the projected supply and demand for PPE and testing
supplies. Rear Admiral John Polowczyk, who led FEMA’s Supply Chain Stabilization Task
Force, testified that he had “no visibility” into “what states, local municipalities and private
institutions have bought” and that states were not reporting quantities of PPE on hand to the task
force. Rear Admiral Polowczyk further testified that, despite being responsible for stabilizing
the supply chain, he lacked authority over contracting and acquisition, stating, “I have none of
those authorities.”17
On July 14, 2020, the Select Subcommittee sent requests to four federal agencies,
including the Department of Homeland Security, for information on the projected demand for
critical supplies as well as the country’s ability to meet this demand and address projected
shortages.18 The Trump Administration failed to provide a comprehensive response to these
with White House Supply Chain Task Force and Project Airbridge (July 2, 2020) (online at
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/Project%20Airbridge%20Memo%2
007-02-20.pdf).
15
Participating distributors entered into a memorandum of agreement with the Department of Homeland
Security and FEMA stating that PPE should be sold “at a reasonable price (i.e., the price that a prudent and
competent buyer would be willing to pay given available data on market conditions).” Memorandum from
Chairwoman Carolyn B. Maloney, Committee on Oversight and Reform, to Chairman James E. Clyburn, Select
Subcommittee on the Coronavirus Crisis, Information Provided by Medical Distribution Companies on Challenges
with White House Supply Chain Task Force and Project Airbridge (July 2, 2020) (online at
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/Project%20Airbridge%20Memo%2
007-02-20.pdf).
16
Id.
17
Select Subcommittee on the Coronavirus Crisis, Press Release: At Hearing on Supply Shortages,
Top Officials Acknowledge Country Is Failing to Control Coronavirus (July 2, 2020) (online at
https://coronavirus.house.gov/news/press-releases/hearing-supply-shortages-top-officials-acknowledge-country-
failing-control).
18
Letter from Chairman James E. Clyburn, Select Subcommittee on the Coronavirus Crisis, to
Secretary Alex M. Azar II, Department of Health and Human Services, Secretary Mark T. Esper, Department of
Defense, Secretary Robert Wilkie, Department of Veterans Affairs, and Acting Secretary Chad Wolf, Department of
Homeland Security (July 14, 2020) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/2020-07-
14.Select%20Cmte.%20to%20Azar-HHS%20Esper-DOD%20Wolf-DHS%20Wilkie-
%20VA%20re%20Administration%20PPE%20Contractor%20%281%29.pdf).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 6
requests. It remains unclear whether the previous Administration failed to track supply and
demand of critical supplies or simply refused to share this information with Congress.
The Role of the Trump White House in Federal Procurement
We are concerned that the previous Administration may not have conducted sufficient
diligence prior to awarding multi-million-dollar contracts, and that White House officials may
have placed inappropriate pressure on federal agencies to award contracts to particular
companies. New evidence uncovered by the Select Subcommittee raises questions about
whether White House officials, including Mr. Navarro, exercised inappropriate influence over
contract awards for PPE and medical supplies that should have been handled by career
procurement staff.
These documents also raise new questions about the Trump Administration’s use of
unaccountable outside advisors, rather than career federal procurement and public health experts,
to manage the federal government’s pandemic response. Documents show that Mr. Navarro
involved at least one outside advisor in negotiating multi-million-dollar agreements on behalf of
the federal government. Steven Hatfill, an adjunct assistant professor at George Washington
University, appears to have been involved in negotiating FEMA’s contract with ADG as well as
a $354 million contract awarded by HHS.19 Dr. Hatfill is an associate of Stephen Bannon who
endorsed hydroxychloroquine as a coronavirus treatment after the Food and Drug Administration
revoked the drug’s authorization for emergency use—a position Mr. Navarro praised.20
Mr. Navarro and Dr. Hatfill also appear to have been involved in FEMA’s decision to award a
$9.5 million, sole-source contract for N95 masks to Prestige Ameritech after Mr. Bannon
introduced Mr. Navarro and Dr. Hatfill to the company’s CEO.21
19
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani,
Branch Chief, Incident Support and Field Operations, Department of Homeland Security, et al. (Mar. 29, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf);
Email from B. Frank Gupton, Floyd D. Gottwald, Jr. Chair in Pharmaceutical Engineering and Chair of the
Department of Chemical and Life Science Engineering, Virginia Commonwealth University, to Steven Hatfill,
Adjunct Assistant Professor, George Washington University, et al. (Mar. 31, 2020) (PHLOW_SSCC_0010217)
(online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/PHLOW_SSCC_0010217_Redacted.pdf).
20
See An Effective COVID Treatment the Media Continues to Besmirch, RealClear Politics (Aug. 4, 2020)
(online at
www.realclearpolitics.com/articles/2020/08/04/an_effective_covid_treatment_the_media_continues_to_besmirch_1
43875.html); Peter Navarro (@RealPNavarro), Twitter (Aug. 5, 2020) (online at
https://twitter.com/realpnavarro/status/1291085023886675968?lang=en) (“Dr. Steven Hatfill’s clutch hit. Best take
down of anti-Trump Hydroxy Hysteria media this side of @ScottAdams[.] Says CNN might be killing tens of
thousands.”).
21
Want a Mask Contract or Some Ventilators? A White House Connection Helps, NBC News
(Apr. 24, 2020) (online at www.nbcnews.com/politics/white-house/political-influence-skews-trump-s-coronavirus-
response-n1191236); USASpending.gov, Purchase Order 70FB7020P00000018 (online at
www.usaspending.gov/award/CONT_AWD_70FB7020P00000018_7022_-NONE-_-NONE-) (accessed Mar. 23,
2021); Committee on Energy and Commerce, Hearing on Protecting Scientific Integrity in the COVID-19 Response
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 7
Contract with AirBoss Defense Group
ADG, a subsidiary of AirBoss of America Corp., is a Canadian company that
manufactures PPE and military supplies. On March 31, 2020, FEMA awarded ADG a
$96 million sole-source contract for powered respirators and filters, even though these products
are made by multiple manufacturers.22 An entry in a federal procurement database states that the
award was “ordered by the White House.”23 Documents recently obtained by the Select
Subcommittee show that Mr. Navarro bypassed the federal procurement process, accepted
ADG’s proposal, and instructed the company to begin producing respirators and sending
invoices to the federal government before any contract had been awarded. This evidence raises
questions about the process followed to award this contract and whether it was in the best interest
of taxpayers.
On March 22, 2020, retired General John “Jack” Keane—who had been awarded the
Presidential Medal of Freedom by President Trump just days earlier—sent an email to
Mr. Navarro stating, “sent you a catalog of items that ADG can provide, all needed for fight vs
CV19. They can surge,” and providing contact information for ADG’s CEO Patrick Callahan.
Mr. Navarro replied, “On it.”24 Mr. Navarro and members of the White House Coronavirus Task
Force had a call with ADG that same day.25 At the time of this exchange, General Keane was a
paid consultant for ADG who “promotes ADG products and helps ADG build its positive,
effective relationships with key decision-makers.”26
(May 14, 2020) (online at www.congress.gov/116/meeting/house/110749/documents/HHRG-116-IF14-Transcript-
20200514.pdf).
22
See, e.g., Centers for Disease Control and Prevention, NIOSH-Approved Powered Air-Purified
Respirators Meeting CDC Criteria for Ebola (online at
www.cdc.gov/niosh/npptl/topics/respirators/disp_part/paprtables.html) (accessed on Mar. 22, 2021).
23
The White House Pushed FEMA to Give Its Biggest Coronavirus Contract to a Company that Never Had
to Bid, ProPublica (Apr. 10, 2020) (online at www.propublica.org/article/the-white-house-pushed-fema-to-give-its-
biggest-coronavirus-contract-to-a-company-that-never-had-to-bid); USASpending.gov, Purchase Order
70FB7020P00000008 (online at www.usaspending.gov/award/CONT_AWD_70FB7020P00000008_7022_-NONE-
_-NONE-) (accessed Mar. 23, 2021).
24
Email from John Keane, Consultant, AirBoss Defense Group, to Peter Navarro, Director, White House
Office of Trade and Manufacturing Policy (Mar. 22, 2020) (ADG_00009382) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00009382_Redacted.pdf).
25
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani,
Branch Chief, Incident Support and Field Operations, Department of Homeland Security, et al. (Mar. 29, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf).
26
According to counsel for ADG, General Keane has been a “key strategic advisor” to the company since
May 2019. ADG reported to the Select Subcommittee that General Keane has helped ADG “identify new
opportunities, improve operations, assist with regard to the direction of ADG products and technologies, and plan
and implement strategies to secure sustained success.” See Letter from Stephen Ryan, Partner, McDermott Will &
Emery LLC, to Chairman James E. Clyburn, Select Subcommittee on the Coronavirus Crisis (Sept. 25, 2020)
(online at https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/2020.09.25%20-
%20MWE%20Ltr%20to%20Subcommittee%20re%20ADG_Redacted.pdf).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 8
On March 23, 2020, ADG submitted a $96.4 million proposal to Mr. Navarro’s deputy at
the White House, Christopher Abbott.27 The next day, Mr. Navarro wrote to Mr. Callahan that
the proposal would be “sent forthwith for swift approval up the chain” and they could “consider
it done.”28 Mr. Navarro specified that the federal government would place an order for 100,000
powered air-purifying respirators (PAPRs), even though no contract had been executed and
Mr. Navarro had no authority to issue federal contracts. He instructed the company to coordinate
delivery of items as soon as they were ready and to send the invoice to FEMA.29
On March 25, 2020, ADG submitted an updated proposal to Mr. Navarro’s staff.30
An ADG executive later sent an email to FEMA staff describing a call the company received
from Mr. Navarro in response to this proposal:
I received a call from Mr. Navarro and Dr. Hatfield [sic] telling me that “your
government appreciates what you can do, and now we need you to trust your
government and begin to execute.” “We will get you on contract as quick as we
can. Everything you have requested is ok.”31
ADG made an initial delivery of 50 respirators on March 26, 2020.32 A packing slip
accompanying this shipment was addressed to the White House and stated: “Verbal order of
27
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Christopher
Abbott, Deputy Director, White House Office of Trade and Manufacturing Policy, et al. (Mar. 23, 2020)
(ADG_0000941 – 56) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000941_Redacted.pdf).
28
Email from Peter Navarro, Director, White House Office of Trade and Manufacturing Policy, to Patrick
Callahan, Chief Executive Officer, AirBoss Defense Group, Brian McCormack, Associate Director, Office of
Management and Budget, and Robert Kadlec, Assistant Secretary for Preparedness and Response, Department of
Health and Human Services (Mar. 24, 2020) (ADG_00000898) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000898_Redacted.pdf).
29
Id. Email from Sam Ansani, Branch Chief, Incident Support and Field Operations, Department of
Homeland Security, to Michael McCormack, Chief Strategy Officer, AirBoss Defense Group (Mar. 30, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf).
30
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani,
Branch Chief, Incident Support and Field Operations, Department of Homeland Security, et al. (Mar. 29, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf);
AirBoss Defense Group, Initial Firm Fixed Pricing Proposal (Mar. 25, 2020) (ADG_00009087 – 94) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00009087_Redacted.pdf).
31
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani,
Branch Chief, Incident Support and Field Operations, Department of Homeland Security, et al. (Mar. 29, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf).
32
Id.
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 9
Peter Navarro, Asst to President for Trade & Manufacturing Policy.”33 Contracting professionals
from FEMA appear to have been brought into this process only after ADG completed this
delivery.34
White House officials then pushed FEMA to finalize the contract. Joanna Miller, a
White House policy analyst, wrote to FEMA officials on March 26, 2020:
I was called about 4 times yesterday by the CEO and senior executives (after
reaching out to the team at FEMA/NRCC three times yesterday). Nobody has
made contact or even let these folks know what’s going on. Any updates?35
FEMA officials then drafted the contract, incorporating the terms to which White House officials
had previously agreed.36
On March 31, 2020, FEMA executed the final contract as a sole-source award, agreeing
to pay the full $96.4 million requested by ADG.37 This award contributed to a 327 percent
increase in ADG’s net sales between April and June 2020 over the previous year and to a more
than $12 million increase in gross profit for ADG’s parent company for the same period.38
33
Immediate Response Technologies, LLC d/b/a AirBoss Defense Group, Packing Slip 12973 (shipped on
Mar. 25, 2020) (ADG_00001753) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00001753_Redacted.pdf).
34
Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani,
Branch Chief, Incident Support and Field Operations, Department of Homeland Security, et al. (Mar. 29, 2020)
(ADG_00000661 – 76) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-676_Redacted.pdf).
35
Email from Joanna Miller, Policy Analyst, The White House, to Peter Navarro, Director, White House
Office of Trade and Manufacturing Policy, et al. (Mar. 26, 2020) (ADG_ 00000888 – 91) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000888-895_Redacted.pdf);
see also Email from Michael McCormack, Chief Strategy Officer, AirBoss Defense Group, to Sam Ansani, Branch
Chief, Incident Support and Field Operations, Department of Homeland Security (Mar. 29, 2020) (ADG_00000654)
(online at https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000644-
660_Redacted.pdf).
36
Email from Sam Ansani, Branch Chief, Incident Support and Field Operations, Department of Homeland
Security, to Michael McCormack, Chief Strategy Officer, AirBoss Defense Group (Mar. 30, 2020) (ADG_00000661
– 76) (online at https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/ADG_00000661-
676_Redacted.pdf).
37
USASpending.gov, Contract Summary: Immediate Response Technologies, LLC (online at
www.usaspending.gov/award/CONT_AWD_70FB7020C00000007_7022_-NONE-_-NONE-) (accessed Mar. 30,
2021).
38
AirBoss of America Corp., 2020 Second Quarter Interim Report (Aug. 10, 2020) (online at
https://airboss.com/wp-content/uploads/2020/09/2020_Second_Quarter_Interim_Report.pdf).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 10
Questionable Contracts Awarded by FEMA
The Select Subcommittee’s July 14, 2020, letter sought information about other troubling
contracts awarded by FEMA during the coronavirus pandemic, some of which were ultimately
canceled because of the company’s failure to perform.39 Despite repeated follow-up efforts by
Select Subcommittee staff, the Trump Administration refused to produce requested
communications, vetting materials, and other information necessary to determine why the
Administration provided lucrative awards to these contractors despite red flags.
Contract with Fillakit, LLC
Fillakit, LLC was formed in May 2020 and received a $10 million contract from FEMA
to provide testing supplies just seven days later. Fillakit ultimately provided the government
with three million plastic tubes that were both contaminated and the wrong size for standard
laboratories.40 These contaminated supplies may have further limited the availability of
coronavirus testing at a time when testing resources were already scarce.41
Contract with Panthera Worldwide, LLC
In April 2020, FEMA awarded a $55 million contract for N95 masks to Panthera
Worldwide, LLC (Panthera), but was forced to cancel the contract after the company failed to
deliver the masks. Panthera had no history of producing medical equipment prior to obtaining
this contract and had only received one other unrelated federal award in its entire history.
Panthera’s contract was awarded without competition, even though Panthera charged $5.50 per
mask, significantly more than the manufacturer’s list prices of $0.68 to $3.40. Panthera’s parent
company had filed for bankruptcy on September 13, 2019, more than seven months before the
contract was awarded.42
39
Letter from Chairman James E. Clyburn, Select Subcommittee on the Coronavirus Crisis, to
Secretary Alex M. Azar II, Department of Health and Human Services, Secretary Mark T. Esper, Department of
Defense, Secretary Robert Wilkie, Department of Veterans Affairs, and Acting Secretary Chad Wolf, Department of
Homeland Security (July 14, 2020) (online at
https://coronavirus.house.gov/sites/democrats.coronavirus.house.gov/files/2020-07-
14.Select%20Cmte.%20to%20Azar-HHS%20Esper-DOD%20Wolf-DHS%20Wilkie-
%20VA%20re%20Administration%20PPE%20Contractor%20%281%29.pdf).
40
USASpending.gov, Delivery Order 70FB7020F00000113 (online at
www.usaspending.gov/#/award/CONT_AWD_70FB7020F00000113_7022_70FB7020D00000029_7022) (accessed
Mar. 23, 2021); The Trump Administration Paid Millions for Test Tubes — and Got Unusable Mini Soda Bottles,
ProPublica (June 18, 2020) (online at www.propublica.org/article/the-trump-administration-paid-millions-for-test-
tubes-and-got-unusable-mini-soda-bottles).
41
The Trump Administration Paid Millions for Test Tubes — and Got Unusable Mini Soda Bottles,
ProPublica (June 18, 2020) (online at www.propublica.org/article/the-trump-administration-paid-millions-for-test-
tubes-and-got-unusable-mini-soda-bottles).
42
FEMA Cancels $55 Million Contract for N95 Masks, CNN (May 14, 2020) (online at
www.cnn.com/2020/05/13/politics/fema-ppe-contract-cancelled-coronavirus/index.html); In Coronavirus Scramble
for N95 Masks, Trump Administration Pays Premium to Third-Party Vendors, Washington Post (Apr. 15, 2020)
(online at www.washingtonpost.com/national/coronavirus-trump-masks-contracts-prices/2020/04/15/9c186276-
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 11
Contract with Federal Government Experts
The Select Subcommittee also has concerns about FEMA’s award of a third contract,
issued on April 15, 2020, to a company called Federal Government Experts (FGE). This
$3.5 million contract for N95 masks followed a separate $35 million contract awarded to FGE by
the Department of Veterans Affairs. Both contracts were ultimately canceled due to FGE’s
“non-delivery of N95 masks.”43 On February 3, 2021, FGE’s CEO, Robert Stewart, Jr., pleaded
guilty to fraud charges related to these contracts and other benefits he obtained.44
* * *
For all these reasons, the Select Subcommittee respectfully requests that you produce by
April 13, 2021, the following documents covering the period from January 1, 2020, to January
20, 2021:
1. All documents and communications regarding any effort to import supplies to the
United States in response to the coronavirus pandemic, including but not limited
to all communications related to Project Airbridge.
2. All policies, protocols, or guidance, whether formal or informal, related to
Project Airbridge, including but not limited to any guidance on the price of goods
to be sold.
3. All documents and communications related to the Private Sector Supply Chain
Coalition or any other formal or informal task force or group convened to obtain
supplies necessary to respond to the coronavirus, including but not limited to
communications to or from Dennis Robb, Jared Kushner, or any other participant
in this group.
4. All documents and communications regarding any proposals or plans for the
procurement or distribution of supplies in response to the coronavirus pandemic,
including requests for guidance on priority locations for distribution of supplies.
7f20-11ea-8de7-9fdff6d5d83e_story.html); USASpending.gov, Contract Summary: Panthera Worldwide LLC
(online at www.usaspending.gov/#/award/CONT_AWD_70FB7020C00000006_7022_-NONE-_-NONE-) (accessed
Mar. 23, 2021).
43
USASpending.gov, Spending by Prime Award: Federal Government Experts, LLC (online at
www.usaspending.gov/search/a6484cd07116ad5a33a42c06746a9001) (accessed Mar. 16, 2021); USASpending.gov,
Contract Summary: Purchase Order (PO) 70FBR320P00000014 (online at
www.usaspending.gov/award/CONT_AWD_70FBR320P00000014_7022_-NONE-_-NONE-) (accessed Mar. 19,
2021).
44
Contractor Who Was Awarded $34.5 Million in Government Money and Provided Zero Masks Pleads
Guilty to Fraud, ProPublica (Feb. 3, 2021) (online at www.propublica.org/article/contractor-masks-guilty-plea).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 12
5. All documents and communications, including email communications, between
any federal official, employee, or agent and any employee or other representative
of Cardinal Health, Concordance Healthcare Solutions, Henry Schein, McKesson,
Medline, and Owens & Minor, relating to the acquisition or distribution of
personal protective equipment, medical supplies, or testing supplies to address the
coronavirus pandemic.
6. All documents and communications regarding manufacturers offering supplies for
purchase in connection with the coronavirus pandemic, including but not limited
to communications regarding whether to purchase supplies from BYD or any
other Chinese state-run business.
7. The complete contract files, including but not limited to all solicitations,
contracts, task orders, justifications for other than full and open competition,
responsibility determinations, documentation of acceptance or performance, and
verification of price reasonableness for any contract for personal protective
equipment, medical equipment, or testing supplies, with any of the following
entities:
a. AirBoss Defense Group or any of its affiliates, including but not limited to
Immediate Response Technologies, LLC;
b. Fillakit, LLC;
c. Panthera Worldwide, LLC; and
d. Federal Government Experts, LLC.
8. For each entity listed in Request 7, all documents and communications regarding
the contract award and the company’s performance under the contract, including
but not limited to internal agency communications and communications with the
White House, other federal agencies, the company, or others.
9. All documents and communications with Peter Navarro, Christopher Abbott, or
any personnel from the White House Office of Trade and Manufacturing Policy
related to the federal government’s response to the coronavirus pandemic,
including but not limited to memoranda related to pandemic preparation or
response or any efforts to obtain personal protective equipment, pharmaceutical
products, or other medical supplies in response to the coronavirus crisis.
The House of Representatives established the Select Subcommittee on the Coronavirus
Crisis “to conduct a full and complete investigation” of “issues related to the coronavirus crisis,”
including the “preparedness for and response to the coronavirus crisis” and “executive branch
policies, deliberations, decisions, activities, and internal and external communications related to
the coronavirus crisis.”45
45
H.R. 935, 116th Cong. (2020); H.R. 8, sec. 4(f).
The Honorable Alejandro Mayorkas
Mr. Bob Fenton
Page 13
An attachment to this letter provides additional instructions for responding to the Select
Subcommittee’s request. If you have any questions regarding this request, please contact Select
Subcommittee staff at (202) 225-4400. Thank you for your attention to this matter.
Sincerely,
__________________________ __________________________
Rep. James E. Clyburn Rep. Maxine Waters
Chairman
Select Subcommittee on the Coronavirus Crisis
__________________________ __________________________
Rep. Carolyn B. Maloney Rep. Nydia M. Velázquez
__________________________ __________________________
Rep. Bill Foster Rep. Jamie Raskin
__________________________
Rep. Raja Krishnamoorthi
Enclosure
cc: The Honorable Steve Scalise, Ranking Member
Select Subcommittee on the Coronavirus Crisis
Responding to Oversight Committee Document Requests
1. In complying with this request, produce all responsive documents that are in your
possession, custody, or control, whether held by you or your past or present agents,
employees, and representatives acting on your behalf. Produce all documents that you
have a legal right to obtain, that you have a right to copy, or to which you have access, as
well as documents that you have placed in the temporary possession, custody, or control
of any third party.
2. Requested documents, and all documents reasonably related to the requested documents,
should not be destroyed, altered, removed, transferred, or otherwise made inaccessible to
the Committee.
3. In the event that any entity, organization, or individual denoted in this request is or has
been known by any name other than that herein denoted, the request shall be read also to
include that alternative identification.
4. The Committee’s preference is to receive documents in electronic form (i.e., CD,
memory stick, thumb drive, or secure file transfer) in lieu of paper productions.
5. Documents produced in electronic format should be organized, identified, and indexed
electronically.
6. Electronic document productions should be prepared according to the following
standards:
a. The production should consist of single page Tagged Image File (“TIF”), files
accompanied by a Concordance-format load file, an Opticon reference file, and a
file defining the fields and character lengths of the load file.
b. Document numbers in the load file should match document Bates numbers and
TIF file names.
c. If the production is completed through a series of multiple partial productions,
field names and file order in all load files should match.
d. All electronic documents produced to the Committee should include the following
fields of metadata specific to each document, and no modifications should be
made to the original metadata:
BEGDOC, ENDDOC, TEXT, BEGATTACH, ENDATTACH, PAGECOUNT,
CUSTODIAN, RECORDTYPE, DATE, TIME, SENTDATE, SENTTIME,
BEGINDATE, BEGINTIME, ENDDATE, ENDTIME, AUTHOR, FROM, CC,
TO, BCC, SUBJECT, TITLE, FILENAME, FILEEXT, FILESIZE,
DATECREATED, TIMECREATED, DATELASTMOD, TIMELASTMOD,
INTMSGID, INTMSGHEADER, NATIVELINK, INTFILPATH, EXCEPTION,
BEGATTACH.
7. Documents produced to the Committee should include an index describing the contents
of the production. To the extent more than one CD, hard drive, memory stick, thumb
drive, zip file, box, or folder is produced, each should contain an index describing its
contents.
8. Documents produced in response to this request shall be produced together with copies of
file labels, dividers, or identifying markers with which they were associated when the
request was served.
9. When you produce documents, you should identify the paragraph(s) or request(s) in the
Committee’s letter to which the documents respond.
10. The fact that any other person or entity also possesses non-identical or identical copies of
the same documents shall not be a basis to withhold any information.
11. The pendency of or potential for litigation shall not be a basis to withhold any
information.
12. In accordance with 5 U.S.C.§ 552(d), the Freedom of Information Act (FOIA) and any
statutory exemptions to FOIA shall not be a basis for withholding any information.
13. Pursuant to 5 U.S.C. § 552a(b)(9), the Privacy Act shall not be a basis for withholding
information.
14. If compliance with the request cannot be made in full by the specified return date,
compliance shall be made to the extent possible by that date. An explanation of why full
compliance is not possible shall be provided along with any partial production.
15. In the event that a document is withheld on the basis of privilege, provide a privilege log
containing the following information concerning any such document: (a) every privilege
asserted; (b) the type of document; (c) the general subject matter; (d) the date, author,
addressee, and any other recipient(s); (e) the relationship of the author and addressee to
each other; and (f) the basis for the privilege(s) asserted.
16. If any document responsive to this request was, but no longer is, in your possession,
custody, or control, identify the document (by date, author, subject, and recipients), and
explain the circumstances under which the document ceased to be in your possession,
custody, or control.
17. If a date or other descriptive detail set forth in this request referring to a document is
inaccurate, but the actual date or other descriptive detail is known to you or is otherwise
apparent from the context of the request, produce all documents that would be responsive
as if the date or other descriptive detail were correct.
2
18. This request is continuing in nature and applies to any newly-discovered information.
Any record, document, compilation of data, or information not produced because it has
not been located or discovered by the return date shall be produced immediately upon
subsequent location or discovery.
19. All documents shall be Bates-stamped sequentially and produced sequentially.
20. Two sets of each production shall be delivered, one set to the Majority Staff and one set
to the Minority Staff. When documents are produced to the Committee, production sets
shall be delivered to the Majority Staff in Room 2157 of the Rayburn House Office
Building and the Minority Staff in Room 2105 of the Rayburn House Office Building.
21. Upon completion of the production, submit a written certification, signed by you or your
counsel, stating that: (1) a diligent search has been completed of all documents in your
possession, custody, or control that reasonably could contain responsive documents; and
(2) all documents located during the search that are responsive have been produced to the
Committee.
Definitions
1. The term “document” means any written, recorded, or graphic matter of any nature
whatsoever, regardless of how recorded, and whether original or copy, including, but not
limited to, the following: memoranda, reports, expense reports, books, manuals,
instructions, financial reports, data, working papers, records, notes, letters, notices,
confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers,
prospectuses, communications, electronic mail (email), contracts, cables, notations of any
type of conversation, telephone call, meeting or other inter-office or intra-office
communication, bulletins, printed matter, computer printouts, teletypes, invoices,
transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates,
projections, comparisons, messages, correspondence, press releases, circulars, financial
statements, reviews, opinions, offers, studies and investigations, questionnaires and
surveys, and work sheets (and all drafts, preliminary versions, alterations, modifications,
revisions, changes, and amendments of any of the foregoing, as well as any attachments
or appendices thereto), and graphic or oral records or representations of any kind
(including without limitation, photographs, charts, graphs, microfiche, microfilm,
videotape, recordings and motion pictures), and electronic, mechanical, and electric
records or representations of any kind (including, without limitation, tapes, cassettes,
disks, and recordings) and other written, printed, typed, or other graphic or recorded
matter of any kind or nature, however produced or reproduced, and whether preserved in
writing, film, tape, disk, videotape, or otherwise. A document bearing any notation not a
part of the original text is to be considered a separate document. A draft or non-identical
copy is a separate document within the meaning of this term.
2. The term “communication” means each manner or means of disclosure or exchange of
information, regardless of means utilized, whether oral, electronic, by document or
otherwise, and whether in a meeting, by telephone, facsimile, mail, releases, electronic
3
message including email (desktop or mobile device), text message, instant message,
MMS or SMS message, message application, or otherwise.
3. The terms “and” and “or” shall be construed broadly and either conjunctively or
disjunctively to bring within the scope of this request any information that might
otherwise be construed to be outside its scope. The singular includes plural number, and
vice versa. The masculine includes the feminine and neutral genders.
4. The term “including” shall be construed broadly to mean “including, but not limited to.”
5. The term “Company” means the named legal entity as well as any units, firms,
partnerships, associations, corporations, limited liability companies, trusts, subsidiaries,
affiliates, divisions, departments, branches, joint ventures, proprietorships, syndicates, or
other legal, business or government entities over which the named legal entity exercises
control or in which the named entity has any ownership whatsoever.
6. The term “identify,” when used in a question about individuals, means to provide the
following information: (a) the individual’s complete name and title; (b) the
individual’s business or personal address and phone number; and (c) any and all
known aliases.
7. The term “related to” or “referring or relating to,” with respect to any given subject,
means anything that constitutes, contains, embodies, reflects, identifies, states, refers to,
deals with, or is pertinent to that subject in any manner whatsoever.
8. The term “employee” means any past or present agent, borrowed employee, casual
employee, consultant, contractor, de facto employee, detailee, fellow, independent
contractor, intern, joint adventurer, loaned employee, officer, part-time employee,
permanent employee, provisional employee, special government employee,
subcontractor, or any other type of service provider.
9. The term “individual” means all natural persons and all persons or entities acting on
their behalf.
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