Presidential Memorandum Grants VA Authority to Indemnify COVID-19 Contractors

Wiley Rein – On April 10, 2020, the White House issued a Presidential Memorandum authorizing the Secretary of Veterans Affairs (VA) to exercise authority under Public Law 85-804 in connection with contracts awarded by the VA to combat the coronavirus (COVID-19). Public Law 85-804, as amended by 50 U.S.C. §§ 1431 et seq. and Executive Order 10789, provides federal agencies with the authority to grant “extraordinary contractual relief,” including the authority to indemnify contractors against claims resulting from performing work that involves “unusually hazardous” risks. This latest action is one of several protections against liability that may be available to contractors who support the government’s response to the COVID-19 crisis.

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