FAR 50.2—Subpart 50.2

Scope of subpart.

FAR 50.200 is a short scope provision that tells readers what Subpart 50.2 is about: implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, commonly called the SAFETY Act, and its liability protections for anti-terrorism technologies. The section does not create the protections itself; instead, it explains that this subpart exists to carry out the statute within the Federal Acquisition Regulation system. In practical terms, it signals that the subpart is intended to encourage the development, deployment, and use of technologies designed to prevent, detect, identify, or respond to acts of terrorism by reducing certain liability risks. For contracting professionals and contractors, this means the subpart is a gateway to understanding when SAFETY Act protections may be relevant in acquisition planning, solicitation language, contract performance, and risk management. Because the text is limited to scope, it does not prescribe procedures, eligibility criteria, or approval steps, but it frames the policy purpose behind the later provisions in the subpart.

Definitions.

FAR 50.201 is a definitions section for the SAFETY Act-related provisions in FAR Part 50, so it does not impose operating procedures by itself; instead, it establishes the meaning of the terms that control when a contractor may seek SAFETY Act protections and how the Government describes or procures anti-terrorism technologies. The section defines "act of terrorism," "Qualified Anti-Terrorism Technology (QATT)," "technology" for SAFETY Act purposes, "SAFETY Act designation," "SAFETY Act certification," "block designation," "block certification," and "pre-qualification designation notice." These definitions matter because they determine whether a product, service, or combination of technologies can qualify for DHS SAFETY Act treatment and what level of review or protection may apply. In practice, the definitions affect solicitation language, offeror eligibility to use streamlined application processes, DHS’s evaluation of technologies, and the legal and liability framework surrounding homeland security procurements. For contracting officers and contractors, the section is important because it tells them what kinds of offerings can be treated as anti-terrorism technologies, what counts as a terrorism-related event, and how a solicitation may signal that a technology is likely to meet SAFETY Act criteria.

Authorities.

FAR 50.202 is an authorities cross-reference section for the FAR Part 50 extraordinary contractual relief framework. It identifies the legal and regulatory sources that govern or support the Government’s authority in this area: the SAFETY Act (6 U.S.C. 441–444), Executive Order 13286, Executive Order 10789, and 6 CFR Part 25. In practical terms, this section does not itself create a substantive relief procedure or entitlement; instead, it tells readers where the Government’s authority comes from when dealing with special contracting actions tied to anti-terrorism technologies, transferred homeland security functions, and national defense contracting authority. For contractors and contracting officers, the significance is that any relief, delegation, or special action under Part 50 must be grounded in these external authorities, not just in the FAR text alone. It also signals that some Part 50 matters may involve Department of Homeland Security implementation rules and legacy authorities affecting agency contracting powers. Understanding these authorities helps users determine whether a particular request, action, or delegation is legally supportable and which non-FAR sources must be consulted.

General.

FAR 50.203 is a short policy and reference provision that explains the purpose of the SAFETY Act and points readers to the Department of Homeland Security for implementation guidance. It covers the Act’s two core goals: encouraging the development and use of anti-terrorism technologies that improve national protection, and providing liability, risk-management, and litigation-management protections for sellers of qualified anti-terrorism technologies (QATTs) and others in the supply and distribution chain. It also states that SAFETY Act protections are complementary to the Terrorism Risk Insurance Act of 2002, meaning the two statutes operate alongside each other rather than replacing one another. Finally, it identifies DHS’s Office of SAFETY Act Implementation (OSAI) as the contact point for questions and directs users to the SAFETYAct.gov website, where block designations and block certifications are published. In practice, this section matters because contractors, subcontractors, and other technology providers need to know where to seek SAFETY Act coverage information and how the statute fits into broader terrorism-risk protection frameworks.

Policy.

FAR 50.204 sets the government’s policy for how agencies should handle the SAFETY Act when acquiring technologies that may help prevent, detect, or respond to acts of terrorism. It covers four main topics: whether agencies should identify technologies that may be appropriate for SAFETY Act protections and communicate that to DHS; whether agencies should encourage offerors to seek SAFETY Act protections even before a solicitation is issued; the prohibition on requiring SAFETY Act protections as a condition of competing for an award; and the prohibition on assuming DHS will grant SAFETY Act designation or certification after award unless a specific exception applies. It also clarifies that a DHS decision to extend SAFETY Act protections is not the same as a finding that the technology satisfies the solicitation’s technical requirements. In practice, this section is meant to preserve offeror choice, avoid improper solicitation conditions, and prevent agencies from treating SAFETY Act status as a substitute for source selection or technical evaluation. It helps contracting personnel coordinate with DHS without turning SAFETY Act protections into a mandatory procurement requirement.

Procedures.

Solicitation provisions and contract clause.

FAR 50.206 tells contracting officers exactly when to include SAFETY Act-related solicitation provisions and contract clauses. It covers four main subjects: the "SAFETY Act Coverage Not Applicable" provision at 52.250-2, the "SAFETY Act Block Designation/Certification" provision at 52.250-3, the "SAFETY Act Pre-qualification Designation Notice" provision at 52.250-4, and the "SAFETY Act-Equitable Adjustment" clause at 52.250-5. It also explains when to use Alternate I and Alternate II for the 52.250-3 and 52.250-4 provisions, including situations involving contingent offers and offers that presume SAFETY Act designation or certification. In practice, this section is a placement rule: it does not decide whether SAFETY Act protection applies, but it tells the contracting officer what language must be inserted based on DHS action and the agency’s consultation outcome. The purpose is to ensure offerors are properly informed about SAFETY Act status, application timing, and the possibility of equitable adjustment when designation or certification is not yet in place at award. For contractors, this section matters because it affects proposal strategy, application deadlines, and contract pricing risk; for agencies, it is a compliance step that must match the DHS posture for the acquisition.