50.206 Solicitation provisions and contract clause
Source: FAR 50.206 on acquisition.gov
FAR 50.206 mandates the inclusion of specific SAFETY Act-related provisions and clauses in solicitations and contracts based on DHS determinations, ensuring all parties are informed about liability protections for anti-terrorism technologies.
Overview
FAR 50.206 prescribes the use of specific solicitation provisions and contract clauses related to the SAFETY Act, which provides liability protections for certain anti-terrorism technologies. This section details when to include provisions and clauses in solicitations and contracts, depending on the status of SAFETY Act coverage as determined by the Department of Homeland Security (DHS). It ensures that offerors and contractors are properly informed about the applicability or non-applicability of SAFETY Act protections and the procedures for contingent offers or pre-qualification notices.
Key Rules
- Provision 52.250-2 (SAFETY Act Coverage Not Applicable)
- Insert when DHS has determined that SAFETY Act protection does not apply or has denied pre-qualification designation.
- Provision 52.250-3 (SAFETY Act Block Designation/Certification)
- Use when DHS has issued a block designation/certification for the solicited technologies; use Alternate I for contingent offers and Alternate II for offers presuming designation/certification, with possible extension of application submission days.
- Provision 52.250-4 (SAFETY Act Pre-qualification Designation Notice)
- Insert when DHS has issued a pre-qualification designation notice; use Alternate I for contingent offers and Alternate II for offers presuming designation/certification, with possible extension of application submission days.
- Clause 52.250-5 (SAFETY Act-Equitable Adjustment)
- Insert in solicitations and resultant contracts when certain SAFETY Act provisions are used with Alternate II and DHS has not issued designation/certification before award.
Responsibilities
- Contracting Officers: Must determine the correct SAFETY Act provision or clause to include based on DHS determinations and acquisition circumstances.
- Contractors: Must review solicitation provisions to understand SAFETY Act applicability and comply with any requirements for submitting designation/certification applications.
- Agencies: Must consult with DHS as required and ensure accurate communication of SAFETY Act status in solicitations and contracts.
Practical Implications
- Ensures clarity for offerors regarding the availability of SAFETY Act protections.
- Reduces risk of disputes by clearly stating the status of liability protections.
- Requires careful coordination with DHS and timely communication in solicitations and contracts.
(a) Insert the provision at 52.250-2, SAFETY Act Coverage Not Applicable, in solicitations if-
(1) The agency consulted with DHS on a questionable case of SAFETY Act applicability to an acquisition in accordance with 50.205-1(a), and after the consultation, the agency has determined that SAFETY Act protection is not applicable for the acquisition; or
(2) DHS has denied approval of a pre-qualification designation notice.
(b)
(1) Insert the provision at 52.250-3, SAFETY Act Block Designation/Certification, in a solicitation when DHS has issued a block designation/certification for the solicited technologies.
(2) Use the provision at 52.250-3 with its Alternate I when contingent offers are authorized in accordance with 50.205-3.
(3) Use the provision at 52.250-3 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4. If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application.
(c)
(1) Insert the provision at 52.250-4, SAFETY Act Pre-qualification Designation Notice, in a solicitation for which DHS has issued a pre-qualification designation notice.
(2) Use the provision at 52.250-4 with its Alternate I when contingent offers are authorized in accordance with 50.205-3.
(3) Use the provision at 52.250-4 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4. If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application.
(d) Insert the clause at 52.250-5, SAFETY Act-Equitable Adjustment-
(1) In the solicitation, if the provision at 52.250-3 or 52.250-4 is used with its Alternate II; and
(2) In any resultant contract, if DHS has not issued SAFETY Act designation or certification to the successful offeror before contract award.