52.250-3
SAFETY Act Block Designation/Certification
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.