FAR 50.205-1—SAFETY Act Considerations.
Plain-English Summary
FAR 50.205-1 tells acquisition personnel how to handle SAFETY Act issues when buying technologies that may prevent, detect, identify, or deter terrorism or reduce the harm caused by terrorist acts. It covers four main topics: identifying potentially covered technologies, consulting with DHS when applicability is uncertain, checking for existing block designations or block certifications and notifying offerors when one exists, considering SAFETY Act issues early in the acquisition cycle, including SAFETY Act information in industry outreach, and the special rule that the Government is not treated as a customer for purposes of the reciprocal waiver of claims requirement in 6 CFR 25.5(e). In practice, this section is meant to make sure agencies spot SAFETY Act opportunities early enough for vendors to seek protections and for the acquisition strategy to account for them. It also helps avoid missed schedule impacts, incomplete market research, and avoidable confusion during solicitation development. For contractors, the section signals that SAFETY Act protections may be relevant to the solution being offered and that agency outreach may raise those issues before proposal submission. For contracting officers and requiring activities, it creates an early-screening and coordination obligation rather than a late-stage compliance check.
Key Rules
Screen for SAFETY Act technologies
Requiring activities should review requirements to identify technologies that may prevent, detect, identify, or deter terrorism, or limit the harm from terrorist acts. If the technology may be covered, the agency should treat SAFETY Act applicability as a live acquisition issue rather than an afterthought.
Consult DHS when uncertain
If there is any question about whether the technology falls within the SAFETY Act, the agency must consult with DHS. This ensures the government gets authoritative guidance on whether the technology is a candidate for SAFETY Act protection.
Check for block designations
For acquisitions involving potentially covered technologies, the requiring activity should ask DHS whether a block designation or block certification already exists for the technology being acquired. If one exists, the contracting officer should notify offerors so they know the protection may already be available.
Use pre-qualification notice if none exists
If DHS confirms that no block designation or block certification exists, the agency should follow FAR 50.205-2 on the pre-qualification designation notice. This keeps the acquisition aligned with the SAFETY Act process for technologies that may need individual consideration.
Address SAFETY Act early
Acquisition officials must consider SAFETY Act issues as early as possible in the acquisition cycle, usually when defining required capabilities or performance characteristics. Early attention matters because DHS processing times vary and can affect acquisition planning and schedule.
Include in industry outreach
When applicable, acquisition officials should raise SAFETY Act considerations in market research and industry communications, including RFIs, draft RFPs, and industry conferences. This helps industry understand whether SAFETY Act protections may be relevant and allows vendors to plan accordingly.
No reciprocal waiver from Government
For purposes of 6 CFR 25.5(e), the Government is not a customer from which a contractor must request a reciprocal waiver of claims. This removes a potential procedural barrier when the Government is the buyer in a SAFETY Act-related acquisition.
Responsibilities
Requiring Activity
Review the requirement to identify technologies that may qualify for SAFETY Act protection; consult DHS when applicability is unclear; determine whether a block designation or block certification exists; and coordinate with the contracting officer so offerors are notified when appropriate.
Contracting Officer
When informed that a block designation or block certification exists, notify offerors as requested by the requiring activity; incorporate SAFETY Act-related information into the solicitation and acquisition planning as needed; and ensure the acquisition timeline accounts for SAFETY Act considerations.
Acquisition Officials
Consider SAFETY Act issues as early as possible in the acquisition cycle, typically during definition of capabilities or performance characteristics; and include SAFETY Act topics in industry outreach when the acquisition involves potentially covered technologies.
Department of Homeland Security (DHS)
Provide consultation and determinations regarding SAFETY Act applicability, including whether a block designation or block certification exists for the technology under consideration.
Offerors/Industry
Pay attention to SAFETY Act references in outreach and solicitations, and evaluate whether their technologies may benefit from SAFETY Act protections or whether additional DHS action may be needed.
Practical Implications
Agencies should not wait until solicitation release to think about SAFETY Act issues; late identification can delay the procurement if DHS review is needed.
A common pitfall is failing to ask DHS whether a block designation or block certification already exists, which can leave offerors uninformed about available protections.
Industry outreach is an important trigger point: if the acquisition may involve anti-terrorism or harm-mitigation technology, SAFETY Act language should appear in RFIs, draft solicitations, and conferences.
Contracting officers should coordinate closely with the requiring activity because the initial technical review usually happens before the contracting office fully shapes the solicitation.
The Government’s special status under 6 CFR 25.5(e) means contractors should not expect the same reciprocal waiver process they would use with private customers, so acquisition teams should avoid applying that requirement incorrectly.
Official Regulatory Text
(a) SAFETY Act applicability . Requiring activities should review requirements to identify potential technologies that prevent, detect, identify, or deter acts of terrorism or limit the harm such acts might cause, and may be appropriate for SAFETY Act protections. In questionable cases, the agency shall consult with DHS. For acquisitions involving such technologies, the requiring activity should ascertain through discussions with DHS whether a block designation or block certification exists for the technology being acquired. (1) If one does exist, the requiring activity should request that the contracting officer notify offerors. (2) If one does not exist, see 50.205-2 , Pre-qualification designation notice. (b) Early consideration of the SAFETY Act . Acquisition officials shall consider SAFETY Act issues as early in the acquisition cycle as possible (see 7.105 (b)(20)(v)). Normally, this would be at the point where the required capabilities or performance characteristics are addressed. This is important because the processing times for issuing determinations on all types of SAFETY Act applications vary depending on many factors, including the influx of applications to DHS and the technical complexity of individual applications. (c) Industry outreach . When applicable, acquisition officials should include SAFETY Act considerations in all industry outreach efforts including, but not limited to, requests for information, draft requests for proposal, and industry conferences. (d) Reciprocal waiver of claims . For purposes of 6 CFR 25.5 (e), the Government is not a customer from which a contractor must request a reciprocal waiver of claims.