FAR 50.202—Authorities.
Plain-English Summary
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.
Key Rules
SAFETY Act authority applies
The Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. 441–444, is one of the governing authorities for this section. It is relevant where anti-terrorism technologies and related protections or procedures are implicated.
Executive Order 13286 included
Executive Order 13286 is listed as an authority because it amended prior executive orders and addressed actions connected with the transfer of certain functions to the Secretary of Homeland Security. Users must look to this order when determining how homeland security-related functions affect contracting authority.
Executive Order 10789 included
Executive Order 10789 is also an authority source. It concerns contracting authority of Government agencies in connection with national defense functions and supports special contracting powers in that context.
6 CFR Part 25 applies
The section also points to 6 CFR Part 25, which contains implementing regulations associated with the SAFETY Act. This means the FAR provision must be read together with DHS regulations, not in isolation.
Authorities are cross-references
This section is not a standalone rule imposing duties or procedures. Its function is to identify the legal basis for actions under Part 50 and to direct users to the controlling external authorities.
Responsibilities
Contracting Officer
Confirm that any extraordinary relief, special contracting action, or authority-based decision under FAR Part 50 is supported by one of the listed authorities and any applicable implementing regulations. The contracting officer must not rely on FAR 50.202 alone as the substantive basis for action.
Contractor
Identify the correct authority when seeking relief or special treatment and ensure any request is tied to the applicable statute, executive order, or regulation. The contractor should not assume Part 50 creates an automatic right to relief.
Agency
Apply the correct external authority and implementing rules when delegating, approving, or administering actions under Part 50. The agency must ensure its internal procedures align with the SAFETY Act, the executive orders, and 6 CFR Part 25.
Department of Homeland Security
Administer and interpret the SAFETY Act implementing framework in 6 CFR Part 25 and related homeland security authorities. DHS is the key source for regulatory guidance where SAFETY Act issues arise.
Practical Implications
This section is mainly a roadmap: it tells you where the real authority lives, so users must consult the cited statute, executive orders, and DHS regulations before taking action.
A common pitfall is treating FAR Part 50 as self-executing; in reality, the section only identifies authorities and does not itself grant relief or contracting power.
Contracting officers should verify whether a matter involves SAFETY Act protections, homeland security function transfers, or national defense contracting authority, because each may trigger different procedures and approvals.
Contractors seeking extraordinary relief should cite the correct authority in their submissions; vague references to FAR Part 50 may slow review or lead to denial for lack of legal support.
Because 6 CFR Part 25 is specifically referenced, users should expect DHS-specific requirements and definitions to matter in SAFETY Act-related cases.
Official Regulatory Text
The following authorities apply: (a) Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), 6 U.S.C. 441 - 444 . (b) Executive Order 13286 of February 28, 2003, Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security. (c) Executive Order 10789 of November 14, 1958, Contracting Authority of Government Agencies in Connection with National Defense Functions. (d) 6 CFR Part 25 .