SAFETY Act Block Designation/Certification
FAR 52.250-3 enables contractors to seek SAFETY Act liability protections for qualified anti-terrorism technologies, but strict compliance with application, documentation, and deadline requirements is essential for eligibility.
Overview
FAR 52.250-3 outlines the requirements and procedures for contractors seeking to leverage the liability protections and benefits of the SAFETY Act (Support Anti-terrorism by Fostering Effective Technologies Act of 2002) for technologies acquired under federal contracts. This provision is used when DHS has issued a block designation or certification for a technology class, streamlining the process for contractors to obtain SAFETY Act coverage. It defines key terms, explains the implications of block designations/certifications, and details how offerors can participate in the SAFETY Act program, including the submission of required documentation and compliance with attached terms. Alternate versions of the provision allow for proposals contingent on SAFETY Act status, with specific requirements and deadlines.
Key Rules
- Definitions and Scope
- Provides definitions for key SAFETY Act terms, including "act of terrorism," "block designation/certification," and "Qualified Anti-Terrorism Technology (QATT)."
- Block Designation/Certification
- Explains that DHS may issue block designations/certifications for technology classes, reducing application burdens and expediting review for contractors.
- Solicitation Attachments
- Requires that the block designation/certification, including detailed technology descriptions and application requirements, be attached to the solicitation.
- Offeror Responsibilities
- Offerors must review and comply with the terms of the block designation/certification if seeking SAFETY Act coverage.
- Contingent Proposals
- Standard provision prohibits proposals contingent on SAFETY Act status; Alternate I and II allow such proposals under specific conditions and deadlines.
- DHS Determinations
- Clarifies that DHS decisions on SAFETY Act status are independent of contract award requirements.
- Voluntary Participation
- Participation in the SAFETY Act program is voluntary for offerors.
Responsibilities
- Contracting Officers: Must include the provision and ensure block designation/certification is attached; enforce compliance with proposal requirements.
- Contractors/Offerors: Must review and comply with block designation/certification terms, submit required SAFETY Act application materials, and adhere to deadlines if submitting contingent proposals.
- Agencies: Oversee proper use of the provision and ensure compliance with SAFETY Act procedures.
Practical Implications
- This provision enables contractors to access liability protections for anti-terrorism technologies, but only if they follow the specified procedures and deadlines. Failure to comply with application requirements or deadlines can result in ineligibility for award or loss of SAFETY Act protections. Contractors must carefully review solicitation attachments and understand whether their proposals can be contingent on SAFETY Act status, depending on which version of the provision is used.