50.205-4 Authorization of awards made presuming SAFETY Act designation or certification after contract award
Source: FAR 50.205-4 on acquisition.gov
Contracting officers may only presume post-award SAFETY Act designation or certification if strict criteria, approvals, and DHS coordination are met, with additional restrictions on certification presumption.
Overview
FAR 50.205-4 outlines the conditions under which contracting officers may award contracts presuming that the Department of Homeland Security (DHS) will grant SAFETY Act designation or certification to a contractor after contract award. This provision is intended for situations where it is necessary to proceed with an award before DHS has completed its evaluation and issued the relevant protections. The regulation sets strict prerequisites, including compliance with criteria in FAR 50.205-3(a), approval from the chief of the contracting office (or a designated official), and required coordination with DHS regarding award timelines and evaluation completion. Additionally, it restricts the presumption of SAFETY Act certification (as opposed to designation) unless a block certification applies to the technology class being acquired.
Key Rules
- Presumption of SAFETY Act Protections
- Contracts may be awarded presuming future SAFETY Act designation/certification only if specific criteria and approvals are met.
- Approval Requirement
- The chief of the contracting office or a designated official must approve the action before proceeding.
- DHS Coordination
- Contracting officers must inform DHS of potential award timelines and consult on the expected completion of SAFETY Act evaluations.
- Restriction on Certification Presumption
- Offers presuming SAFETY Act certification are not allowed unless a block certification applies to the technology class.
Responsibilities
- Contracting Officers: Ensure all criteria are met, obtain required approvals, and coordinate with DHS before awarding contracts under this presumption.
- Contractors: Must be aware that award is contingent on subsequent DHS action and may be subject to additional requirements.
- Agencies: Must designate officials for approval and ensure compliance with procedural safeguards.
Practical Implications
- This section allows urgent procurements to proceed while awaiting DHS SAFETY Act decisions, but only under controlled circumstances.
- Failure to follow these steps can result in unauthorized awards or compliance issues.
- Contractors should understand the risks and obligations if their award is contingent on post-award SAFETY Act protections.
(a) When necessary to award a contract prior to DHS issuing SAFETY Act protections, contracting officers may award contracts presuming that DHS will issue a SAFETY Act designation/certification to the contractor after contract award only if-
(1) The criteria of 50.205-3(a) are met;
(2) The chief of the contracting office (or other official designated in agency procedures) approves the action; and
(3) The contracting officer advises DHS of the timelines for potential award and consults DHS as to when DHS could reasonably complete evaluations of offerors’ applications for SAFETY Act designations or certifications.
(b) Contracting officers shall not authorize offers presuming that SAFETY Act certification will be obtained (as opposed to a SAFETY Act designation), unless a block certification applies to the class of technology to be acquired under the solicitation.