50.000 Scope of part
Source: FAR 50.000 on acquisition.gov
FAR 50.000 tells contractors and agencies that Part 50 is a limited, special-authority framework for extraordinary national defense contract actions and SAFETY Act protections—not a general contract administration or advance payment rule.
Overview
- FAR 50.000 defines the scope of Part 50, which governs extraordinary contractual actions used to support the national defense under Public Law 85-804 and Executive Order 10789.
- It explains that this part covers special authority to enter into, amend, or modify contracts when normal contracting rules may be insufficient during extraordinary emergencies, and it also addresses SAFETY Act-related indemnification and liability protections.
Key Rules
- Extraordinary Contractual Actions for National Defense
- Part 50 prescribes policies and procedures for using emergency authority to facilitate national defense through contract actions under Pub. L. 85-804 and E.O. 10789.
- Exclusion for Advance Payments
- This part does not cover advance payments; those are addressed separately in FAR Subpart 32.4.
- SAFETY Act Indemnification and Liability Protections
- Part 50 implements indemnification authority and liability protections for technologies that have been, or could be, designated by the Secretary of Homeland Security as qualified anti-terrorism technologies under the SAFETY Act.
Responsibilities
- Contracting Officers: determine when Part 50 authorities may apply and distinguish them from advance payment rules under FAR 32.4.
- Contractors: understand that Part 50 may provide extraordinary relief or indemnification mechanisms in limited national defense and anti-terrorism contexts.
- Agencies: apply Pub. L. 85-804, E.O. 10789, and SAFETY Act authorities consistently when extraordinary contractual actions are justified.
Practical Implications
- This section is primarily an organizational scope provision that tells contracting professionals what Part 50 covers.
- It matters because it identifies when agencies may use exceptional contractual authorities and when SAFETY Act protections may be relevant.
- A common pitfall is assuming Part 50 applies to advance payments or to ordinary contract administration; it does not.
This part-
(a)
(1) Prescribes policies and procedures for entering into, amending, or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim" target="_blank">50 U.S.C. 1431-1434) and Executive Order 10789, dated November 14, 1958. It does not cover advance payments (see subpart 32.4); and
(2) Implements indemnification authority granted by Pub. L. 85-804 and paragraph 1 A of E.O. 10789 with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act); and
(b) Implements SAFETY Act liability protections to promote development and use of anti-terrorism technologies.