FAR 50.205-2—Pre-qualification designation notice.
Plain-English Summary
FAR 50.205-2 explains the process for obtaining and using a DHS pre-qualification designation notice under the SAFETY Act when a requiring activity believes a technology may qualify for SAFETY Act protection. It covers when the requiring activity should request the notice, the condition that the technology requirements should be stable before making the request, how DHS evaluates the request, and the difference between an affirmative and presumptive determination. It also addresses the required use of the DHS procurement pre-qualification request form, the need to provide the contracting officer with the request and DHS response, and the contracting officer’s duties to disclose the status of the notice in any pre-solicitation notice and to incorporate the notice into the solicitation. In practice, this section is meant to help agencies identify SAFETY Act-eligible technologies early enough to support streamlined applications and expedited DHS review, while ensuring offerors and the acquisition file are properly informed. It matters because it affects solicitation planning, competition messaging, and the timing of SAFETY Act-related protections for anti-terrorism technologies.
Key Rules
Request after requirements stabilize
The requiring activity should request a pre-qualification designation notice only after the technology specifications or statement of work are established and unlikely to undergo substantive modification. This timing helps ensure DHS reviews a stable description of the technology rather than a moving target.
DHS makes the qualification call
DHS determines whether the technology identified in the request affirmatively or presumptively satisfies the technical criteria for SAFETY Act designation as a QATT. An affirmative determination means the technology satisfies the criteria; a presumptive determination means it is a good candidate for designation.
Notice enables streamlined review
If DHS issues the notice, offerors are authorized to submit a streamlined application for SAFETY Act designation and receive expedited review of that application. The notice is therefore a procurement planning tool that can reduce application burden and speed DHS processing.
Use the prescribed request form
The requiring activity must submit the request using the procurement pre-qualification request form available on the SAFETY Act website, following the website’s instructions. This makes the process standardized and ensures DHS receives the information it needs.
Provide the CO the full record
The requiring activity must give the contracting officer a copy of the request and the resulting pre-qualification designation notice or DHS denial. This ensures the contracting officer has the official documentation needed for solicitation planning and disclosure.
Disclose status in pre-solicitation notice
Once the contracting officer receives the documentation, any pre-solicitation notice must state whether the pre-qualification designation notice has been requested and is under DHS review, denied by DHS, or issued and will be included with the solicitation. This keeps the market informed of the SAFETY Act status.
Include the notice in the solicitation
If DHS issues the notice, the contracting officer must incorporate it into the solicitation. The solicitation package should therefore contain the notice so offerors can understand the SAFETY Act opportunity and any related requirements.
Responsibilities
Requiring Activity
Determine whether the technology to be acquired may qualify for SAFETY Act protection; request the pre-qualification designation notice from DHS once the requirements are stable; use the SAFETY Act procurement pre-qualification request form and follow the website instructions; provide the contracting officer a copy of the request and the resulting DHS notice or denial.
Department of Homeland Security (DHS)
Review the request and determine whether the identified technology affirmatively or presumptively satisfies the technical criteria for SAFETY Act designation as a QATT; issue the pre-qualification designation notice or deny the request.
Contracting Officer
Upon receiving the request and DHS response, identify the status of the pre-qualification designation notice in any pre-solicitation notice; state whether it is under review, denied, or issued; and incorporate the issued notice into the solicitation.
Offerors
If a notice is issued, use it to support a streamlined SAFETY Act designation application and seek expedited DHS review when pursuing the procurement.
Practical Implications
This section is mainly about timing: if the requirement is still changing, requesting the notice too early can lead to an unhelpful or outdated DHS review.
Contracting officers should not assume the requiring activity has handled SAFETY Act coordination; they need the request and DHS response in hand before drafting notices and solicitations.
A denial still matters operationally because the pre-solicitation notice must disclose it, which can affect market expectations and acquisition strategy.
If DHS issues the notice, the solicitation should include it so offerors can plan for the streamlined application path and expedited review.
A common pitfall is failing to update the pre-solicitation notice or solicitation after DHS acts; the acquisition file and public notice should match the current DHS status.
Official Regulatory Text
(a) Requiring activity responsibilities. (1) If the requiring activity determines that the technology to be acquired may qualify for SAFETY Act protection, the requiring activity is responsible for requesting a pre-qualification designation notice from DHS. Such a request for a pre-qualification designation notice should be made once the requiring activity has determined that the technology specifications or statement of work are established and are unlikely to undergo substantive modification. DHS will then determine whether the technology identified in the request either affirmatively or presumptively satisfies the technical criteria for SAFETY Act designation. An affirmative determination means the technology described in the pre-qualification designation notice satisfies the technical criteria for SAFETY Act designation as a QATT. A presumptive determination means that the technology is a good candidate for SAFETY Act designation as a QATT. In either case, the notice will authorize offerors to- (i) Submit a streamlined application for SAFETY Act designation; and (ii) Receive expedited review of their application for SAFETY Act designation. (2) The requiring activity shall make requests using the procurement pre-qualification request form available at http://www.SAFETYAct.gov . The website includes instructions for completing and submitting the form. (3) The requiring activity shall provide a copy of the request, as well as a copy of the resulting pre-qualification designation notice or DHS denial, to the contracting officer. (b) Contracting officer responsibilities. Upon receipt of the documentation specified in paragraph (a)(3) of this subsection, the contracting officer shall- (1) Include in any pre-solicitation notice ( subpart 5.2 ) that a pre-qualification designation notice has been- (i) Requested and is under review by DHS; (ii) Denied by DHS; or (iii) Issued and a copy will be included with the solicitation; and (2) Incorporate the pre-qualification designation notice into the solicitation.