SAFETY Act Pre-qualification Designation Notice
FAR 52.250-4 informs offerors about SAFETY Act pre-qualification opportunities for anti-terrorism technologies and sets strict rules for proposals contingent on SAFETY Act designation or certification.
Overview
FAR 52.250-4 provides the required solicitation provision for notifying offerors about the Department of Homeland Security (DHS) SAFETY Act pre-qualification designation for certain anti-terrorism technologies. The provision defines key terms, explains the benefits and limitations of SAFETY Act designation and certification, and outlines the process for offerors to seek expedited DHS review for their technologies. It clarifies that seeking SAFETY Act coverage is voluntary and not a requirement for award, and prohibits proposals contingent on SAFETY Act designation or certification unless specific alternates are used. Alternate versions of the provision allow for contingent or presumptive offers under certain conditions, with specific requirements for application submission, good faith pursuit, and insurance obligations.
Key Rules
- Definitions and Scope
- Provides detailed definitions for terms such as "act of terrorism," "Qualified Anti-Terrorism Technology (QATT)," "SAFETY Act designation/certification," and "pre-qualification designation notice."
- SAFETY Act Benefits
- Explains liability protections and other benefits available for QATTs under the SAFETY Act.
- Pre-qualification Designation Notice
- Requires attachment of the DHS notice to the solicitation, detailing the technology, application requirements, deadlines, and terms.
- Offeror Responsibilities
- Offerors must carefully review the notice and comply with its terms to seek SAFETY Act coverage.
- Proposal Contingencies
- Standard provision prohibits proposals contingent on SAFETY Act designation/certification; Alternate I and II allow certain contingencies with strict requirements.
Responsibilities
- Contracting Officers: Must include the provision and attach the DHS notice; ensure compliance with proposal requirements; apply alternates as prescribed.
- Contractors/Offerors: Must review the notice, comply with application requirements and deadlines, and avoid prohibited contingencies unless allowed by alternates.
- Agencies: Oversee proper use of the provision and alternates; ensure solicitations and awards comply with SAFETY Act-related requirements.
Practical Implications
- This provision ensures offerors are informed about SAFETY Act pre-qualification opportunities and the process for seeking liability protections for anti-terrorism technologies. It impacts proposal preparation, especially regarding contingencies tied to SAFETY Act status. Common pitfalls include misunderstanding application deadlines, failing to submit required documentation, or improperly conditioning proposals on SAFETY Act outcomes.