FAR 50.201—Definitions.
Plain-English Summary
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.
Key Rules
Terrorism has a defined meaning
An "act of terrorism" must be unlawful, cause harm in the United States (or in specified cases involving U.S. carriers or U.S.-flag vessels, inside or outside the United States), and involve instrumentalities, weapons, or methods intended to cause mass destruction, injury, or other loss to U.S. citizens or institutions. The definition also allows the Secretary of Homeland Security to specify additional requirements.
QATT requires DHS designation
A Qualified Anti-Terrorism Technology is any technology designed, developed, modified, procured, or sold to prevent, detect, identify, deter, or limit harm from terrorism, but it becomes a QATT only after DHS issues a SAFETY Act designation. Without that designation, the technology does not meet the FAR definition of QATT.
Technology is broadly defined
For SAFETY Act purposes, "technology" includes products, equipment, services, devices, information technology, or any combination of these. The definition expressly includes design, consulting, engineering, software development, software integration, threat assessments, vulnerability studies, and other homeland-security-related analyses when they are relevant to the anti-terrorism purpose.
Designation and certification are different
SAFETY Act designation is DHS’s determination that a particular anti-terrorism technology is a QATT. SAFETY Act certification is a separate, higher-level DHS determination that the designated QATT is an approved product for homeland security, meaning it will perform as intended, conform to specifications, and be safe for intended use.
Block designation and certification apply to classes
A block designation or block certification applies to a technology class, not just a single item or vendor offering. DHS uses these class-based determinations to identify approved or qualified categories of products for homeland security.
Pre-qualification notices support streamlined applications
A pre-qualification designation notice is a Government notice in a solicitation or other publication stating that the technology to be procured either affirmatively or presumptively meets the technical criteria for QATT status. That notice authorizes offerors to submit streamlined SAFETY Act applications and receive expedited processing.
Responsibilities
Department of Homeland Security (DHS)
Determine what constitutes an act of terrorism for SAFETY Act purposes when applicable, issue SAFETY Act designations and certifications, establish block designations and block certifications, and process streamlined applications when a pre-qualification designation notice has been issued.
Contracting Officer
Use the definitions correctly when drafting solicitations, identifying whether a procurement may involve SAFETY Act-eligible technologies, and deciding whether to include a pre-qualification designation notice or other SAFETY Act-related language.
Offeror/Contractor
Assess whether its product, service, or combination of offerings fits the broad SAFETY Act technology definition, determine whether it should seek DHS designation or certification, and use the streamlined application process only when a valid pre-qualification designation notice supports it.
Agency Program or Technical Personnel
Help identify whether the contemplated procurement involves anti-terrorism technology or homeland security analysis services that may qualify as a QATT and provide the technical basis for any pre-qualification notice or solicitation representation.
Practical Implications
This section is foundational: if the definitions are misunderstood, the wrong SAFETY Act path may be pursued, or a solicitation may omit language that could help vendors obtain liability protections.
Contractors should not assume that a homeland-security-related service is automatically a QATT; DHS designation is required, and the technology definition is broad but not self-executing.
Contracting officers should be careful when using terms like "certified," "designated," or "qualified" because SAFETY Act designation and certification are distinct and have different legal effects.
Pre-qualification designation notices can speed vendor applications, but only when the Government has made the required technical judgment in the solicitation or publication.
Because the definition of "act of terrorism" is specific and tied to DHS authority, parties should avoid using ordinary security or criminal-incident assumptions when evaluating SAFETY Act applicability.
Official Regulatory Text
Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security: (1) Is unlawful. (2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States. (3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States. Block certification means SAFETY Act certification of a technology class that the Department of Homeland Security (DHS) has determined to be an approved class of approved products for homeland security. Block designation means SAFETY Act designation of a technology class that the DHS has determined to be a Qualified Anti-Terrorism Technology (QATT). Pre-qualification designation notice means a notice in a procurement solicitation or other publication by the Government stating that the technology to be procured either affirmatively or presumptively satisfies the technical criteria necessary to be deemed a qualified anti-terrorism technology. A pre-qualification designation notice authorizes offeror(s) to submit streamlined SAFETY Act applications for SAFETY Act designation and receive expedited processing of those applications. Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified, procured, or sold for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, for which a SAFETY Act designation has been issued. For purposes of defining a QATT, technology means any product, equipment, service (including support services), device, or technology (including information technology) or any combination of the foregoing. Design services, consulting services, engineering services, software development services, software integration services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may be deemed a technology. SAFETY Act certification means a determination by DHS pursuant to 6 U.S.C. 442(d) , as further delineated in 6 CFR 25.8 and 25.9 , that a QATT for which a SAFETY Act designation has been issued is an approved product for homeland security, i.e. , it will perform as intended, conforms to the seller’s specifications, and is safe for use as intended. SAFETY Act designation means a determination by DHS pursuant to 6 U.S.C. 441 (b) and 6 U.S.C. 443(a) , as further delineated in 6 CFR 25.4 , that a particular Anti-Terrorism Technology constitutes a QATT under the SAFETY Act.