FAR 50.000—Scope of part.
Plain-English Summary
FAR 50.000 explains the scope of FAR Part 50, which is the government’s special authority for extraordinary contractual actions in support of national defense and homeland security. This section tells readers that Part 50 covers policies and procedures for entering into, amending, or modifying contracts under Public Law 85-804 and Executive Order 10789 when necessary to facilitate the national defense during an extraordinary emergency. It also makes clear that Part 50 does not cover advance payments, which are handled separately under FAR subpart 32.4. In addition, the section extends Part 50 to indemnification authority under Pub. L. 85-804 and E.O. 10789 for matters that have been, or could be, designated as qualified anti-terrorism technologies under the SAFETY Act. Finally, it states that Part 50 implements SAFETY Act liability protections to encourage the development and use of anti-terrorism technologies. In practice, this part is a narrow, exceptional toolset for unusual national security or anti-terrorism situations, not a routine contracting mechanism.
Key Rules
Extraordinary emergency authority
Part 50 applies to contract actions taken under Public Law 85-804 and Executive Order 10789 when needed to facilitate the national defense in an extraordinary emergency. These authorities are exceptional and are intended for unusual circumstances, not ordinary procurement needs.
Covers contract changes
The part governs entering into, amending, or modifying contracts under the special authority. It provides the policy and procedures for these unusual contract actions when standard contracting authority is not sufficient.
Advance payments excluded
This part does not cover advance payments. Advance payment authority and procedures are addressed separately in FAR subpart 32.4, so users should not look to Part 50 for guidance on that topic.
SAFETY Act indemnification
Part 50 also implements indemnification authority under Pub. L. 85-804 and E.O. 10789 for matters that have been, or could be, designated as qualified anti-terrorism technologies under the SAFETY Act. This connects the part to liability protection for certain anti-terrorism technologies.
Liability protection purpose
The part implements SAFETY Act liability protections to encourage the development and use of anti-terrorism technologies. The policy goal is to reduce risk barriers that might otherwise discourage innovation and deployment.
Responsibilities
Contracting Officer
Use Part 50 only when the action falls within the extraordinary authority described here, and apply the specific policies and procedures for contract entry, amendment, or modification under Pub. L. 85-804 and E.O. 10789. The contracting officer must also avoid using this part for advance payments and must coordinate any SAFETY Act-related indemnification or liability protection issues through the proper channels.
Agency
Determine when extraordinary emergency authority or SAFETY Act-related protections are appropriate and ensure internal procedures support lawful use of these special authorities. The agency must distinguish Part 50 actions from advance payment matters and ensure decisions align with national defense or anti-terrorism objectives.
Contractor
Recognize that Part 50 is a special, limited authority and not a general entitlement. Contractors seeking relief, modification, indemnification, or liability protection must understand that eligibility depends on the specific statutory and executive authority and the agency’s determination.
Secretary of Homeland Security
Designate, or determine the potential designation of, matters as qualified anti-terrorism technologies under the SAFETY Act, which is the trigger referenced in this section for indemnification-related coverage.
Practical Implications
This part is for exceptional situations, so contractors and contracting officers should not treat it as a routine contract administration tool.
If the issue is advance payment, look to FAR subpart 32.4 instead of Part 50; mixing the two can lead to using the wrong authority.
SAFETY Act-related protections are tied to qualified anti-terrorism technologies, so the designation status matters and should be verified early.
Because these authorities are narrow and sensitive, documentation and legal/policy coordination are especially important before any contract action is taken.
A common pitfall is assuming that national defense or security concerns automatically justify Part 50 relief; the action must fit the specific statutory and executive authority.
Official Regulatory Text
This part- (a) (1) Prescribes policies and procedures for entering into, amending, or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 ( 50 U.S.C. 1431 -1434) and Executive Order 10789, dated November 14, 1958. It does not cover advance payments (see subpart 32.4 ); and (2) Implements indemnification authority granted by Pub. L. 85-804 and paragraph 1 A of E.O. 10789 with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act); and (b) Implements SAFETY Act liability protections to promote development and use of anti-terrorism technologies.