50.205-3
Authorization of offers contingent upon SAFETY Act designation or certification before contract award
Contracting officers may only authorize offers contingent on SAFETY Act protections under strict conditions to ensure fair competition and proper liability coverage.
Overview
FAR 50.205-3 outlines the conditions under which contracting officers may authorize offers that are contingent upon a vendor obtaining SAFETY Act designation or certification before contract award. This provision is designed to address situations where vendors require liability protections under the SAFETY Act to participate in government procurements involving anti-terrorism technologies. The regulation sets strict prerequisites for such contingent offers, ensuring they are only permitted when necessary and when prior notice or opportunity for designation/certification was not provided to offerors.
Key Rules
- Authorization of Contingent Offers
- Contracting officers may only authorize offers contingent on SAFETY Act protections if DHS has issued a pre-qualification designation notice, block designation, or block certification, as applicable.
- Advance Notice and Market Research
- Authorization is only allowed if the government did not provide advance notice for offerors to obtain SAFETY Act protections and market research indicates insufficient competition or that the technology would only be offered with such protections.
- Restriction on Certification Contingency
- Offers contingent on SAFETY Act certification (not just designation) are only allowed if a block certification applies to the technology class being procured.
Responsibilities
- Contracting Officers: Must verify DHS notices/certifications, confirm lack of advance notice, conduct market research, and ensure compliance with restrictions on contingent certifications.
- Contractors: Must understand the requirements for SAFETY Act protections and ensure their offers comply with the contingent offer conditions.
- Agencies: Must oversee the process and ensure proper documentation and justification for contingent offers.
Practical Implications
- This section ensures that contingent offers based on SAFETY Act protections are only permitted when absolutely necessary, protecting competition and government interests. Contractors should be aware of the SAFETY Act process and coordinate with DHS early if their technology may require such protections. Failure to meet these requirements can result in disqualification or delays in the procurement process.