52.250-2
SAFETY Act Coverage Not Applicable
Proposals contingent on SAFETY Act designation or certification will not be considered for award under this solicitation.
Overview
- FAR 52.250-2 informs offerors that the products or services being solicited are not eligible for pre-determined SAFETY Act coverage as qualified anti-terrorism technologies. The provision clarifies that the government will not consider proposals that make acceptance or pricing contingent on receiving SAFETY Act designation or certification for the offered products or services.
Key Rules
- No Presumptive or Actual SAFETY Act Coverage
- The government has determined that the items solicited do not qualify for pre-determined SAFETY Act protections.
- Contingent Proposals Not Considered
- Proposals that require SAFETY Act designation or certification as a condition for acceptance or pricing will be rejected.
- Independent Application Still Permitted
- Sellers may still apply for SAFETY Act protections independently, outside the context of this solicitation.
Responsibilities
- Contracting Officers: Must include this provision in applicable solicitations and ensure proposals contingent on SAFETY Act coverage are not considered.
- Contractors: Must not condition their proposals on SAFETY Act designation or certification for the products or services offered in response to this solicitation.
- Agencies: Must enforce this provision and ensure compliance during the solicitation and evaluation process.
Practical Implications
- This provision exists to clarify that the government is not offering or presuming SAFETY Act protections for the solicited products or services, streamlining the evaluation process and avoiding conditional proposals. Contractors should not base their pricing or acceptance on the expectation of SAFETY Act coverage for this procurement. Common pitfalls include submitting proposals that are contingent on such coverage, which will result in disqualification.