FAR 50.206—Solicitation provisions and contract clause.
Plain-English Summary
FAR 50.206 tells contracting officers exactly when to include SAFETY Act-related solicitation provisions and contract clauses. It covers four main subjects: the "SAFETY Act Coverage Not Applicable" provision at 52.250-2, the "SAFETY Act Block Designation/Certification" provision at 52.250-3, the "SAFETY Act Pre-qualification Designation Notice" provision at 52.250-4, and the "SAFETY Act-Equitable Adjustment" clause at 52.250-5. It also explains when to use Alternate I and Alternate II for the 52.250-3 and 52.250-4 provisions, including situations involving contingent offers and offers that presume SAFETY Act designation or certification. In practice, this section is a placement rule: it does not decide whether SAFETY Act protection applies, but it tells the contracting officer what language must be inserted based on DHS action and the agency’s consultation outcome. The purpose is to ensure offerors are properly informed about SAFETY Act status, application timing, and the possibility of equitable adjustment when designation or certification is not yet in place at award. For contractors, this section matters because it affects proposal strategy, application deadlines, and contract pricing risk; for agencies, it is a compliance step that must match the DHS posture for the acquisition.
Key Rules
Use 52.250-2 when protection is denied
Insert the "SAFETY Act Coverage Not Applicable" provision when the agency consulted DHS on a questionable SAFETY Act case and determined protection does not apply, or when DHS denied a pre-qualification designation notice. This provision tells offerors that SAFETY Act coverage is not available for the acquisition.
Use 52.250-3 for block designation
Insert the "SAFETY Act Block Designation/Certification" provision when DHS has issued a block designation or certification for the technologies being solicited. This provision is the standard notice for acquisitions covered by a block SAFETY Act action.
Alternate I for contingent offers
Use Alternate I of 52.250-3 when contingent offers are authorized under 50.205-3. This alternate supports offers that depend on later SAFETY Act action rather than requiring the designation or certification to already exist at proposal time.
Alternate II for presumed designation offers
Use Alternate II of 52.250-3 when offers presuming SAFETY Act designation or certification are authorized under 50.205-4. If Alternate II is used, the contracting officer may extend the time allowed for offerors to submit their SAFETY Act application.
Use 52.250-4 for pre-qualification notices
Insert the "SAFETY Act Pre-qualification Designation Notice" provision when DHS has issued a pre-qualification designation notice for the solicitation. This provision alerts offerors that the acquisition is tied to a DHS pre-qualification process rather than an existing designation or certification.
Alternate I and II also apply to 52.250-4
Use Alternate I of 52.250-4 when contingent offers are authorized under 50.205-3, and use Alternate II when offers presuming SAFETY Act designation or certification are authorized under 50.205-4. As with 52.250-3 Alternate II, the contracting officer may increase the application-submission period when Alternate II is used.
Use 52.250-5 when award precedes DHS action
Insert the "SAFETY Act-Equitable Adjustment" clause in the solicitation if 52.250-3 or 52.250-4 is used with Alternate II, and also include it in the resulting contract if DHS has not issued SAFETY Act designation or certification to the successful offeror before award. This clause preserves the possibility of an equitable adjustment if the SAFETY Act status is not finalized on time.
Responsibilities
Contracting Officer
Determine which SAFETY Act provision or clause applies based on DHS action and the agency’s consultation outcome. Insert the correct provision, choose the proper alternate when contingent or presumed-designation offers are authorized, and include the equitable adjustment clause when required. The contracting officer may also extend the deadline for offerors to submit SAFETY Act applications when Alternate II is used.
Agency
Consult DHS in questionable SAFETY Act cases under the related procedures and decide, after consultation, whether SAFETY Act protection is applicable. The agency must ensure the solicitation reflects DHS’s action or denial status accurately.
Department of Homeland Security (DHS)
Issue or deny SAFETY Act block designations, certifications, and pre-qualification designation notices, and provide the underlying SAFETY Act determination that drives which FAR provision or clause the contracting officer must use.
Offerors/Contractors
Review the solicitation to understand whether SAFETY Act protection is available, whether a contingent or presumed-designation offer is allowed, and whether an application must be submitted within the stated timeframe. If the solicitation uses Alternate II, prepare to meet the application deadline and account for any risk that designation or certification may not be in place by award.
Practical Implications
This section is mainly about getting the solicitation language right; using the wrong provision or alternate can create a compliance defect and confuse offerors about SAFETY Act status.
Contractors should pay close attention to whether the solicitation allows contingent offers or presumed-designation offers, because those options change proposal strategy and timing for SAFETY Act applications.
When Alternate II is used, the application deadline may be extended, but that does not guarantee DHS approval before award; contractors should still manage schedule risk carefully.
If DHS has not issued designation or certification before award, the equitable adjustment clause becomes important because it addresses potential contract price or schedule impacts tied to the missing SAFETY Act action.
A common pitfall is assuming that a DHS consultation or pre-qualification notice automatically means coverage applies; FAR 50.206 requires the contracting officer to match the solicitation clause to the actual DHS outcome and the authorized offer structure.
Official Regulatory Text
(a) Insert the provision at 52.250-2 , SAFETY Act Coverage Not Applicable, in solicitations if- (1) The agency consulted with DHS on a questionable case of SAFETY Act applicability to an acquisition in accordance with 50.205-1 (a), and after the consultation, the agency has determined that SAFETY Act protection is not applicable for the acquisition; or (2) DHS has denied approval of a pre-qualification designation notice. (b) (1) Insert the provision at 52.250-3 , SAFETY Act Block Designation/Certification, in a solicitation when DHS has issued a block designation/certification for the solicited technologies. (2) Use the provision at 52.250-3 with its Alternate I when contingent offers are authorized in accordance with 50.205-3 . (3) Use the provision at 52.250-3 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4 . If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application. (c) (1) Insert the provision at 52.250-4 , SAFETY Act Pre-qualification Designation Notice, in a solicitation for which DHS has issued a pre-qualification designation notice. (2) Use the provision at 52.250-4 with its Alternate I when contingent offers are authorized in accordance with 50.205-3 . (3) Use the provision at 52.250-4 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4 . If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application. (d) Insert the clause at 52.250-5 , SAFETY Act-Equitable Adjustment- (1) In the solicitation, if the provision at 52.250-3 or 52.250-4 is used with its Alternate II; and (2) In any resultant contract, if DHS has not issued SAFETY Act designation or certification to the successful offeror before contract award.