KEI Sues HHS and the Army over Access to COVID-19 Contracts

On Friday October 16, 2020, KEI filed a lawsuit (under the Freedom of Information Act) against the Department of Health and Human Services (HHS) and the U.S. Army regarding requests for COVID-19 research and development and procurement contracts awarding hundreds of millions of dollars to two billion dollars for the development and advance purchase of COVID-19 vaccines and treatments.  KEI also challenged the unlawful redactions in six COVID-19 R&D contracts provided by HHS.

The complaint is available here: KEI-10162020-HHS-ARMY-FOIA-COMPLAINT

The HHS FOIA Requests

April 9, 2020. FOIA Request No. 2020-00968-FOIA-OS. All COVID-19 Research and Development Contracts (BARDA).

May 12, 2020. FOIA Request (unacknowledged). Phlow Corporation Contract (BARDA).

July 8, 2020. FOIA Request No. 2020-01451-FOIA-OS. Novavax Vaccine Contract. (BARDA)

July 27, 2020. FOIA Request (unacknowledged). Three COVID-19 R&D Contracts (BARDA):

  • 75A50120F33006, a contract between HHS and CIADM at Emergent Biosolutions to develop a plasmid treatment for COVID-19;
  • “W15QKN1691002, a contract with SAb Biotherapeutics, Inc.”; and
  • the contract between HHS and Grifols Shared Services North America, Inc. to develop a plasma-based antibody against COVID-19.

July 28, 2020. FOIA Request (unacknowledged). Moderna Contract Extension (BARDA).

July 28, 2020. FOIA Request No. 2020-01589-FOIA-OS. Pfizer Vaccine Contract (BARDA).

The U.S. Army FOIA Requests

July 8, 2020. FOIA Request (unacknowledged). Novavax Vaccine Contract (JPEO-CBRN).

July 28, 2020. FOIA Request (unacknowledged). Pfizer Vaccine Contract (JPEO-CBRN).

August 13, 2020. FOIA Request No. FA-20-0033. The Moderna Vaccine Procurement Contract.


Note: On October 9, 2020, KEI filed another lawsuit regarding FOIA requests for COVID-19-related documents. The October 9th suit concerned requests made for records held by the National Institutes of Health (NIH).

For more information on COVID-19 related contracts obtained by KEI via FOIA, please see: https://www.keionline.org/contracts