Procedures
FAR 50.205 establishes clear procedures for integrating SAFETY Act protections into federal contracts involving anti-terrorism technologies, ensuring proper risk management and compliance.
Overview
FAR 50.205 outlines the procedures for integrating the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) considerations into federal contracting. This section details the steps contracting officers and contractors must follow when dealing with technologies or services that may qualify for SAFETY Act protections. It covers pre-qualification notices, the authorization of offers contingent on SAFETY Act designation or certification, and the process for awarding contracts presuming such designation or certification after award. The procedures are designed to ensure that both government agencies and contractors properly address SAFETY Act requirements during the acquisition process, minimizing liability and encouraging the deployment of anti-terrorism technologies.
Key Rules
- SAFETY Act Considerations
- Contracting officers must evaluate whether SAFETY Act protections apply to the technology or service being procured and incorporate relevant requirements into the acquisition process.
- Pre-qualification Designation Notice
- Contractors may receive notice regarding the pre-qualification of their technology for SAFETY Act designation, which can impact proposal and contract terms.
- Authorization of Offers Contingent Upon SAFETY Act Designation or Certification
- Offers may be authorized contingent on the contractor obtaining SAFETY Act designation or certification before contract award.
- Authorization of Awards Presuming SAFETY Act Designation or Certification After Award
- Awards may be made with the presumption that SAFETY Act designation or certification will be obtained after contract award, subject to specific conditions.
Responsibilities
- Contracting Officers: Must determine SAFETY Act applicability, issue pre-qualification notices, and manage contingent or presumptive awards as appropriate.
- Contractors: Must seek SAFETY Act designation or certification when required and comply with all related procedural requirements.
- Agencies: Oversee compliance with SAFETY Act procedures and ensure proper documentation and risk management.
Practical Implications
- This section exists to facilitate the use of anti-terrorism technologies by providing liability protections and clear procedures for SAFETY Act integration.
- It impacts daily contracting by requiring additional steps and documentation when SAFETY Act technologies are involved.
- Common pitfalls include failing to secure necessary SAFETY Act designations or mismanaging contingent or presumptive contract awards.