Extraordinary Contractual Actions and the safety act
FAR Part 50 provides special authorities and procedures for extraordinary contract relief and SAFETY Act protections, enabling the government to address unique contracting challenges and foster anti-terrorism innovation.
Overview
FAR Part 50 provides the regulatory framework for extraordinary contractual actions and the implementation of the SAFETY Act within federal contracting. It is divided into two main subparts: Subpart 50.1 covers extraordinary contractual actions, which allow the government to provide relief to contractors under certain circumstances (such as mistakes, emergencies, or national defense needs) that are not otherwise addressed by standard contract law. Subpart 50.2 implements the Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act of 2002, which encourages the development and deployment of anti-terrorism technologies by providing certain liability protections and procedures for contractors. This part outlines authorities, policies, procedures, and required documentation for both extraordinary relief and SAFETY Act-related actions.
Key Rules
- Extraordinary Contractual Actions
- Establishes when and how the government can grant contract adjustments or other relief outside normal contract terms, including authorities, limitations, and required records.
- SAFETY Act Implementation
- Provides procedures for recognizing and incorporating SAFETY Act protections into federal contracts, including pre-qualification, solicitation provisions, and contract clauses.
Responsibilities
- Contracting Officers: Must understand when extraordinary relief is appropriate, follow required procedures, maintain records, and ensure proper use of SAFETY Act provisions.
- Contractors: Should be aware of relief options, documentation requirements, and how SAFETY Act protections may affect their contracts.
- Agencies: Oversee the use of extraordinary authorities and ensure compliance with SAFETY Act implementation.
Practical Implications
- FAR Part 50 exists to address rare but critical situations where standard contract remedies are insufficient, and to foster innovation in anti-terrorism technologies by reducing contractor risk. Contractors and contracting officers must be diligent in following the unique procedures and documentation requirements to ensure compliance and proper use of these authorities.