52.250-4
SAFETY Act Pre-qualification Designation Notice
A SAFETY Act pre-qualification notice can speed DHS designation for anti-terrorism technologies, but offerors must follow the notice exactly and cannot make award contingent on designation unless the solicitation uses an authorized alternate.
Overview
- FAR 52.250-4 notifies offerors when DHS has issued a SAFETY Act pre-qualification designation notice for the technology being solicited. This gives offerors a potential path to seek expedited SAFETY Act designation for qualifying anti-terrorism technologies, but it does not make designation or certification a condition of award unless an alternate provision applies.
- The provision explains key SAFETY Act terms, the purpose of the notice, and how offerors may use the notice if they want liability protections and related benefits under the SAFETY Act.
Key Rules
- Definitions and SAFETY Act framework
- The provision defines core terms such as act of terrorism, Qualified Anti-Terrorism Technology (QATT), SAFETY Act designation, SAFETY Act certification, and pre-qualification designation notice. These definitions establish when a product or service may qualify for DHS review and potential liability protections.
- Contents and effect of the pre-qualification notice
- The solicitation must attach the DHS notice, which includes the covered technology description, statement of technical pre-qualification, DHS processing timeframe, required application portions, submission deadlines, expiration date, and other terms. Offerors should review the notice carefully if they intend to pursue SAFETY Act coverage.
- Designation is optional and separate from solicitation compliance
- DHS decisions on SAFETY Act designation are based on statutory and regulatory factors, not on whether the technology meets the solicitation’s technical requirements. SAFETY Act designation or certification is optional and does not itself satisfy procurement requirements.
- Restrictions on contingent offers and alternate provisions
- Under the basic provision, proposals contingent on SAFETY Act designation or certification will not be considered for award. Alternate I allows offers contingent on designation before award, but award cannot be made until designation is issued. Alternate II allows presumed designation before or after award if the offeror files a limited application within 15 days after proposal submission, pursues it in good faith, and agrees to obtain DHS-required insurance; if designation is not issued before award, the contract must include 52.250-5.
Responsibilities
- Contracting Officers: attach the DHS pre-qualification designation notice to the solicitation; ensure the correct basic provision or alternate is used; under Alternate II, include 52.250-5 in the contract if designation is not issued before award.
- Contractors: review the attached notice; comply with notice terms and application requirements if seeking SAFETY Act benefits; avoid prohibited contingent pricing unless an alternate authorizes it; under Alternate II, file within 15 days, pursue the application in good faith, and obtain required insurance.
- Agencies: coordinate solicitation language with DHS-issued notice terms and preserve the distinction between procurement evaluation and DHS SAFETY Act determinations.
Practical Implications
- This provision exists to encourage use of anti-terrorism technologies by giving offerors a streamlined route to seek DHS liability protections.
- In practice, contractors must treat SAFETY Act status as a separate regulatory process from proposal responsiveness and technical acceptability.
- Common pitfalls include assuming DHS designation guarantees solicitation compliance, missing the notice-specific application deadlines, or submitting impermissibly contingent offers under the basic provision.