FAR 50.205—Procedures.

SAFETY Act Considerations.

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.

Pre-qualification designation notice.

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.

Authorization of offers contingent upon SAFETY Act designation or certification before contract award.

FAR 50.205-3 explains when a contracting officer may allow an offeror to submit a proposal that is contingent on obtaining a DHS SAFETY Act designation or certification before contract award. It covers the threshold conditions for authorizing these contingent offers, including the type of DHS action that must already exist (pre-qualification designation notice, block designation, or block certification), whether the Government gave advance notice that would have allowed vendors to obtain SAFETY Act protection before the solicitation was issued, and whether market research shows that competition would otherwise be inadequate or that the Government will only buy the technology if SAFETY Act protections are in place. It also draws a critical distinction between designation and certification, making clear that contingent offers for certification are generally prohibited unless a block certification applies to the class of technology being acquired. In practice, this section is meant to prevent agencies from creating avoidable procurement barriers while still allowing use of SAFETY Act protections where the market and DHS framework support them. For contractors, it signals when they may structure an offer around later obtaining SAFETY Act protection; for contracting officers, it sets a narrow, evidence-based gatekeeping standard before permitting that approach.

Authorization of awards made presuming SAFETY Act designation or certification after contract award.

FAR 50.205-4 explains when a contracting officer may move forward with an award before the Department of Homeland Security (DHS) has actually issued SAFETY Act protections, by treating the award as if a designation or certification will be granted after award. It covers the limited conditions for making that kind of presumption, including the need to satisfy the underlying criteria in FAR 50.205-3(a), obtain approval from the chief of the contracting office or another agency-designated official, and coordinate timing with DHS so the agency can reasonably complete its review of offerors’ applications. The section also draws an important distinction between presuming a SAFETY Act designation and presuming a SAFETY Act certification, and it generally prohibits the latter unless a block certification applies to the technology class being acquired. In practice, this provision is about balancing mission urgency and acquisition schedule needs against the risk of awarding before DHS protections are in place. It gives agencies a controlled path to proceed when waiting for DHS would delay the procurement, while still requiring senior approval and DHS consultation to avoid unrealistic award assumptions.