52.250-3 SAFETY Act Block Designation/Certification
Source: FAR 52.250-3 on acquisition.gov
SAFETY Act block designation/certification can streamline liability protection for qualifying anti-terrorism technologies, but contractors must follow the solicitation’s specific contingency rules and should never assume DHS approval satisfies the solicitation itself.
Overview
- FAR 52.250-3 is a solicitation provision used when DHS has issued a SAFETY Act block designation or block certification for the technology being acquired. It explains how offerors may seek SAFETY Act protections for qualifying anti-terrorism technologies and clarifies that those protections are generally optional, not a baseline solicitation requirement.
- The provision is intended to streamline DHS review for certain technology classes by allowing applicants to rely on an existing block designation/certification with defined technical standards and reduced application burdens.
Key Rules
- Definitions and SAFETY Act framework
- The provision defines key concepts such as act of terrorism, Qualified Anti-Terrorism Technology (QATT), block designation, block certification, and SAFETY Act designation/certification. These terms determine whether a product or service may qualify for liability protections and related benefits under the SAFETY Act.
- Use of attached block designation/certification
- If DHS has issued a block designation or certification for the solicited technology, the solicitation must include that document. It identifies the covered technology, required portions of the application kit, expiration date, and any special terms.
- Optional nature of SAFETY Act status
- DHS determinations do not establish whether a technology meets solicitation requirements, and SAFETY Act designation/certification is not required unless an alternate provision changes proposal treatment. Offerors decide whether to pursue it.
- Proposal contingency rules and alternates
- Under the basic provision, proposals contingent on obtaining SAFETY Act designation/certification will not be considered for award. Alternate I allows contingent offers, but award cannot be made until DHS approval is issued. Alternate II allows offers presuming later approval, but the offeror must apply within 15 days after proposal submission, pursue approval in good faith, and agree to obtain DHS-required insurance; if approval is still pending at award, the contract includes FAR 52.250-5.
Responsibilities
- Contracting Officers: Attach the applicable block designation/certification to the solicitation; apply the correct basic provision or alternate; and, under Alternate II, include 52.250-5 in the contract if DHS approval is pending at award.
- Contractors: Review the attached block designation/certification carefully, complete and submit the required portions of the SAFETY Act application, avoid impermissible proposal contingencies under the basic provision, and meet Alternate I or II conditions when applicable.
- Agencies: Ensure solicitations accurately communicate whether block designation/certification exists and how SAFETY Act-related proposal conditions will be handled.
Practical Implications
- This provision exists to help contractors access SAFETY Act liability protections for eligible anti-terrorism technologies while preserving normal source selection rules.
- In practice, contractors must distinguish between technical acceptability under the solicitation and DHS SAFETY Act approval, because one does not substitute for the other.
- Common pitfalls include failing to read the attached block designation/certification, submitting a proposal with an unauthorized contingency, missing the 15-day application deadline under Alternate II, or assuming DHS approval guarantees compliance with solicitation requirements.
As prescribed in 50.206(b)(1), insert the following provision:
Safety Act Block Designation/Certification (Feb 2009)
(a) Definitions. As used in this provision-
Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security:
(1) Is unlawful.
(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States.
(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.
Block certification means SAFETY Act certification of a technology class that the Department of Homeland Security (DHS) has determined to be an approved class of approved products for homeland security.
Block designation means SAFETY Act designation of a technology class that the DHS has determined to be a Qualified Anti-Terrorism Technology (QATT).
Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified, procured, or sold for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, for which a SAFETY Act designation has been issued. For purposes of defining a QATT, technology means any product, equipment, service (including support services), device, or technology (including information technology) or any combination of the foregoing. Design services, consulting services, engineering services, software development services, software integration services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may be deemed a technology.
SAFETY Act certification means a determination by DHS pursuant to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section442(d)&num=0&edition=prelim" target="_blank">6 U.S.C. 442(d), as further delineated in 6 CFR 25.9, that a QATT for which a SAFETY Act designation has been issued is an approved product for homeland security, i.e., it will perform as intended, conforms to the seller’s specifications, and is safe for use as intended.
SAFETY Act designation means a determination by DHS pursuant to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section441(b)&num=0&edition=prelim" target="_blank">6 U.S.C. 441(b) and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section443(a)&num=0&edition=prelim" target="_blank">6 U.S.C. 443(a), as further delineated in 6 CFR 25.4, that a particular Anti-Terrorism Technology constitutes a QATT under the SAFETY Act.
(b) The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section441&num=0&edition=prelim" target="_blank">6 U.S.C. 441-http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section444&num=0&edition=prelim" target="_blank">444, creates certain liability limitations for claims arising out of, relating to, or resulting from an act of terrorism where QATTs have been deployed. It also confers other important benefits. SAFETY Act designation and SAFETY Act certification are designed to support effective technologies aimed at preventing, detecting, identifying, or deterring acts of terrorism, or limiting the harm that such acts might otherwise cause, and which also meet other prescribed criteria. For some classes of technologies, DHS may issue a block designation/certification in order to lessen the burdens for filing for SAFETY Act designation or SAFETY Act certifications by not requiring applicants to provide certain information otherwise required and in order to offer expedited review of any application submitted pursuant to a block designation/certification. Block designations/certifications will be issued only for technologies that rely on established performance standards or defined technical characteristics.
(c)
(1) DHS has issued a block designation or block certification for the technology to be acquired under this solicitation.
(2) This block designation or block certification is attached to this solicitation and contains essential information, including-
(i) A detailed description of and specification for the technology covered by the block designation or block certification;
(ii) A listing of those portions of the SAFETY Act application kit that must be completed and submitted by applicants;
(iii) The date of its expiration; and
(iv) Any other terms and conditions.
(3) Offerors should read this block designation or block certification carefully to make sure they comply with its terms if they plan to take advantage of SAFETY Act coverage for their technology(ies).
(d) All determinations by DHS are based on factors set forth in the SAFETY Act and its implementing regulations. A determination by DHS to issue a SAFETY Act designation, or not to issue a SAFETY Act designation for a particular technology as a QATT is not a determination that the technology meets, or fails to meet, the requirements of any solicitation issued by any Federal, State, local or tribal governments. Determinations by DHS with respect to whether to issue a SAFETY Act designation for technologies submitted for DHS review are based on the factors identified in 6 CFR 25.4(b).
(e) Neither SAFETY Act designation nor certification is in any way a requirement of this action. Whether to seek the benefits of the SAFETY Act for a proposed product or service is entirely up to the offeror. Additional information about the SAFETY Act and this block designation/certification may be found at the SAFETY Act website at http://www.SAFETYAct.gov" target="_blank">http://www.SAFETYAct.gov or requests may be mailed to:
Directorate of Science and Technology SAFETY Act/Room 4320 Department of Homeland Security Washington, DC 20528
(f) Proposals in which pricing or any other terms or conditions are offered contingent upon SAFETY Act designation or SAFETY Act certification of the proposed product(s) or service(s) will not be considered for award.
(End of provision)
Alternate I (Feb 2009). As prescribed in 50.206 (b)(2), substitute the following paragraph (f):
(f)(1) Offerors are authorized to submit proposals made contingent upon SAFETY Act designation (or SAFETY Act certification, if a block certification exists) before award. When an offer is made contingent upon SAFETY Act designation or certification, the offeror also may submit an alternate offer without the contingency.
(2) If an offer is submitted contingent upon receipt of SAFETY Act designation (or SAFETY Act certification, if a block certification exists) prior to contract award, then the Government may not award a contract based on such offer unless the offeror demonstrates prior to award that DHS has issued a SAFETY Act designation (or SAFETY Act certification, if a block certification exists) for the offeror’s technology.
(3) The Government reserves the right to award the contract based on a noncontingent offer, prior to DHS resolution of the offeror’s application for SAFETY Act designation (or SAFETY Act certification, if a block certification exists).
Alternate II ( Feb 2009). As prescribed in 50.206 (b)(3), substitute the following paragraph (f):
(f)(1) Offerors are authorized to submit offers presuming that SAFETY Act designation (or SAFETY Act certification, if a block certification exists) will be obtained before or after award.
(2) An offeror is eligible for award only if the offeror-
(i) Files a SAFETY Act designation (or SAFETY Act certification) application, limited to the scope of the applicable block designation (or block certification), within 15 days after submission of the proposal;
(ii) Pursues its SAFETY Act designation (or SAFETY Act certification) application in good faith; and
(iii) Agrees to obtain the amount of insurance DHS requires for issuing the offeror’s SAFETY Act designation (or SAFETY Act certification).
(3) If DHS has not issued a SAFETY Act designation (or SAFETY Act certification) to the successful offeror before contract award, the contracting officer will include the clause at 52.250-5 in the resulting contract.