“The novel coronavirus (“COVID-19”) pandemic has given Department of Veterans Affairs (“VA”) contractors several powerful new tools in their toolbelts, and VA contractors should not leave available protections on the table. VA contractors, including those supplying medical devices under the MSPV-NG bridge contract and pharmaceuticals on a VA Federal Supply Schedule (“FSS”), now can negotiate for extraordinary limitations on liability (in addition to some provided by statute), among other opportunities. Particularly for contractors providing goods and services used in the COVID-19 pandemic response, it is crucial to understand both new protections available and other changes to the rules of VA contracting.”
Public Law 85-804 Indemnity
“Most recently, the President granted the VA authority to extend to vendors the extraordinary indemnity provided by Public Law 85-804, which typically is reserved for nuclear power-related contracts or contracts involving unusually hazardous work…”
PREP Act Immunity
“VA vendors may also be protected from liability under the Public Readiness and Emergency Preparedness (“PREP”) Act provisions of the Public Health Service Act. Manufacturers and distributors of drugs, biological products, medical devices, and certain respiratory protection devices are immune from liability for losses like personal injury and death related to administration and use of those products in the COVID-19 emergency response effort…”
VA COVID-19 Contracting
“Vendors also should be aware of additional flexibilities VA contracting officers now have in awarding COVID-19 related contracts…” Read the full article here.
Source: COVID-19 Changes Contracting at the VA – By Sheppard Mullin Richter & Hampton LLP, April 21, 2020. JDSupra.
