50.205-2 Pre-qualification designation notice
Source: FAR 50.205-2 on acquisition.gov
FAR 50.205-2 requires agencies to request and document SAFETY Act pre-qualification designation notices for qualifying technologies and mandates contracting officers to include this information in pre-solicitation and solicitation documents.
Overview
FAR 50.205-2 outlines the procedures for obtaining and handling a pre-qualification designation notice for technologies that may qualify for SAFETY Act protection. The section details the responsibilities of both the requiring activity and the contracting officer when a technology being acquired could be designated as a Qualified Anti-Terrorism Technology (QATT) under the SAFETY Act. The process involves requesting a pre-qualification designation notice from the Department of Homeland Security (DHS) once technology specifications are finalized, using a specific form available online. The notice, if granted, allows offerors to submit streamlined applications and receive expedited review for SAFETY Act designation. The contracting officer must then ensure this information is included in pre-solicitation notices and incorporated into the solicitation itself.
Key Rules
- Requiring Activity Request
- The requiring activity must request a pre-qualification designation notice from DHS if the technology may qualify for SAFETY Act protection, using the form at http://www.SAFETYAct.gov after finalizing specifications.
- Documentation and Notification
- Copies of the request and DHS's response (approval or denial) must be provided to the contracting officer.
- Contracting Officer Actions
- The contracting officer must reference the status of the pre-qualification designation notice in pre-solicitation notices and include the notice in the solicitation.
Responsibilities
- Contracting Officers: Must include the status of the pre-qualification designation notice in pre-solicitation notices and incorporate the notice into the solicitation.
- Contractors: Should be aware that a pre-qualification designation notice may allow for streamlined and expedited SAFETY Act applications.
- Agencies/Requiring Activities: Responsible for requesting the notice from DHS and providing all relevant documentation to the contracting officer.
Practical Implications
- This section ensures that technologies with potential SAFETY Act protection are properly identified and processed early in the acquisition cycle, streamlining the application process for offerors and ensuring transparency in solicitations. Failure to follow these procedures can delay or complicate the acquisition and SAFETY Act designation process.
(a) Requiring activity responsibilities.
(1) If the requiring activity determines that the technology to be acquired may qualify for SAFETY Act protection, the requiring activity is responsible for requesting a pre-qualification designation notice from DHS. Such a request for a pre-qualification designation notice should be made once the requiring activity has determined that the technology specifications or statement of work are established and are unlikely to undergo substantive modification. DHS will then determine whether the technology identified in the request either affirmatively or presumptively satisfies the technical criteria for SAFETY Act designation. An affirmative determination means the technology described in the pre-qualification designation notice satisfies the technical criteria for SAFETY Act designation as a QATT. A presumptive determination means that the technology is a good candidate for SAFETY Act designation as a QATT. In either case, the notice will authorize offerors to-
(i) Submit a streamlined application for SAFETY Act designation; and
(ii) Receive expedited review of their application for SAFETY Act designation.
(2) The requiring activity shall make requests using the procurement pre-qualification request form available at http://www.SAFETYAct.gov" target="_blank">http://www.SAFETYAct.gov. The website includes instructions for completing and submitting the form.
(3) The requiring activity shall provide a copy of the request, as well as a copy of the resulting pre-qualification designation notice or DHS denial, to the contracting officer.
(b) Contracting officer responsibilities. Upon receipt of the documentation specified in paragraph (a)(3) of this subsection, the contracting officer shall-
(1) Include in any pre-solicitation notice (subpart 5.2) that a pre-qualification designation notice has been-
(i) Requested and is under review by DHS;
(ii) Denied by DHS; or
(iii) Issued and a copy will be included with the solicitation; and
(2) Incorporate the pre-qualification designation notice into the solicitation.