50.201 Definitions
Source: FAR 50.201 on acquisition.gov
FAR 50.201 defines essential terms for SAFETY Act procurements, ensuring clarity and compliance in acquiring anti-terrorism technologies.
Overview
FAR 50.201 provides definitions for key terms related to the Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act of 2002, which governs the procurement and use of anti-terrorism technologies by the federal government. This section clarifies the meaning of terms such as "act of terrorism," "Qualified Anti-Terrorism Technology (QATT)," "SAFETY Act designation," and related certifications and notices. Understanding these definitions is essential for contractors and contracting officers involved in the acquisition, development, or deployment of technologies intended to prevent or mitigate acts of terrorism.
Key Rules
- Definition of Act of Terrorism
- Specifies criteria for what constitutes an act of terrorism, including unlawfulness, harm caused, and use of methods intended for mass destruction.
- Qualified Anti-Terrorism Technology (QATT)
- Defines QATT as technology designed to prevent or limit harm from terrorism, and details what types of products and services may qualify.
- SAFETY Act Designation and Certification
- Explains the process and meaning of receiving a SAFETY Act designation or certification from DHS, which impacts liability protections and procurement eligibility.
- Block Certification/Designation and Pre-qualification Notice
- Describes mechanisms for streamlining the approval and procurement of classes of anti-terrorism technologies.
Responsibilities
- Contracting Officers: Must use these definitions to determine eligibility and compliance for anti-terrorism technology procurements.
- Contractors: Should ensure their products or services meet the definitions and criteria for QATT and related SAFETY Act protections.
- Agencies: Oversee and enforce the correct application of these definitions in solicitations and awards.
Practical Implications
- This section ensures all parties have a common understanding of key terms, reducing ambiguity in anti-terrorism technology procurements.
- Accurate application of these definitions is critical for eligibility for SAFETY Act protections and streamlined procurement processes.
- Misunderstanding or misapplying these terms can result in ineligibility for liability protections or procurement opportunities.
Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security:
(1) Is unlawful.
(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States.
(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.
Block certification means SAFETY Act certification of a technology class that the Department of Homeland Security (DHS) has determined to be an approved class of approved products for homeland security.
Block designation means SAFETY Act designation of a technology class that the DHS has determined to be a Qualified Anti-Terrorism Technology (QATT).
Pre-qualification designation notice means a notice in a procurement solicitation or other publication by the Government stating that the technology to be procured either affirmatively or presumptively satisfies the technical criteria necessary to be deemed a qualified anti-terrorism technology. A pre-qualification designation notice authorizes offeror(s) to submit streamlined SAFETY Act applications for SAFETY Act designation and receive expedited processing of those applications.
Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified, procured, or sold for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, for which a SAFETY Act designation has been issued. For purposes of defining a QATT, technology means any product, equipment, service (including support services), device, or technology (including information technology) or any combination of the foregoing. Design services, consulting services, engineering services, software development services, software integration services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may be deemed a technology.
SAFETY Act certification means a determination by DHS pursuant to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section442(d)&num=0&edition=prelim" target="_blank">6 U.S.C. 442(d), as further delineated in 6 CFR 25.8 and 25.9, that a QATT for which a SAFETY Act designation has been issued is an approved product for homeland security, i.e., it will perform as intended, conforms to the seller’s specifications, and is safe for use as intended.
SAFETY Act designation means a determination by DHS pursuant to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section441&num=0&edition=prelim" target="_blank">6 U.S.C. 441 (b) and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section443(a)&num=0&edition=prelim" target="_blank">6 U.S.C. 443(a), as further delineated in 6 CFR 25.4, that a particular Anti-Terrorism Technology constitutes a QATT under the SAFETY Act.