Authorizing the Exercise of Authority Under Public Law 85-804

This memorandum authorizes the Secretary of Veterans Affairs to exercise emergency contracting authority under Public Law 85-804 for VA contracts directly supporting COVID-19 response efforts, treating the VA's pandemic activities as connected to national defense. The authorization expires on September 30, 2020.

Federal Register Open PDF 85 FR 21735

Impact dates

Sep 30, 2020
Memorandum termination date

Key directives

Authorize VA Secretary to exercise Public Law 85-804 authority for COVID-19 contracts
Limit authority to transactions directly responsive to COVID-19 national emergency
Terminate authorization on September 30, 2020
Publish memorandum in Federal Register

Who is ordered

Secretary of Veterans Affairs · Department of Veterans Affairs

Timeline

Immediate

VA Secretary authorized to use Public Law 85-804 contracting authority for COVID-19 response contracts

Near term (90d)

VA may enter into emergency contracts under expanded authority through September 30, 2020

Long term

—

Risks & tensions

Emergency contracting authority may reduce normal competitive bidding oversight
Narrow scope limited to COVID-19 response may constrain VA flexibility for other needs
Short expiration date (less than 6 months) creates uncertainty for longer-term contracts