50.204
Policy
Agencies may encourage but cannot require contractors to obtain SAFETY Act protections, and solicitations or awards cannot be contingent on such protections unless specifically authorized.
Overview
FAR 50.204 outlines the policy for federal agencies regarding the consideration and encouragement of SAFETY Act protections in the procurement of anti-terrorism technologies. The section clarifies that while agencies should determine the appropriateness of SAFETY Act protections and encourage offerors to seek them, they cannot require such protections as a condition of acquisition. It also restricts agencies from making solicitations or awards contingent on the Department of Homeland Security (DHS) granting SAFETY Act designation or certification, unless specifically authorized. Importantly, a DHS determination regarding SAFETY Act protections does not equate to meeting solicitation requirements.
Key Rules
- Determination of SAFETY Act Appropriateness
- Agencies should assess if the technology is suitable for SAFETY Act protections and communicate with DHS to support contractor applications when appropriate.
- Encouragement, Not Mandate
- Agencies are to encourage, but not require, offerors to seek SAFETY Act protections for their technologies.
- No Contingent Solicitations or Awards
- Agencies must not make solicitations or awards contingent on SAFETY Act designation or certification unless authorized by specific FAR provisions (50.205-3 or 50.205-4).
- DHS Determination is Not Solicitation Compliance
- DHS's decision to grant SAFETY Act protections does not mean the technology meets the solicitation's requirements.
Responsibilities
- Contracting Officers: Assess SAFETY Act applicability, encourage offerors to seek protections, and ensure solicitations/awards comply with these restrictions.
- Contractors: Decide independently whether to apply for SAFETY Act protections; understand that such protections are not mandatory nor a guarantee of contract compliance.
- Agencies: Oversee adherence to these policies and coordinate with DHS as needed.
Practical Implications
- This policy ensures that the pursuit of SAFETY Act protections remains voluntary for contractors, preventing agencies from making it a procurement requirement. It also clarifies the separation between DHS's SAFETY Act determinations and the agency's own solicitation requirements, reducing confusion and potential disputes during the acquisition process.