FAR 52.250—[Reserved]

Indemnification Under Public Law85-804.

FAR 52.250-1 implements the Government’s indemnification authority under Public Law 85-804 and Executive Order 10789 for contracts involving unusually hazardous or nuclear risks. The clause defines who counts as the contractor’s principal officials, identifies the types of losses the Government may cover, and limits coverage to claims or losses arising from risks specifically defined in the contract as unusually hazardous or nuclear and not otherwise compensated by insurance or other financial protection. It also addresses exclusions for willful misconduct or lack of good faith by principal officials, the ability to extend indemnification to subcontractors with prior written approval, and the Government’s authority to direct or participate in settlement or defense of claims. The clause further explains survival of rights and obligations after contract completion, the requirement for an agency head determination that any payment is just and reasonable, and the Government’s ability to pay claimants directly. In cost-reimbursement contracts, Alternate I adds special rules on insurance cost allowability and clarifies that the Government’s indemnification obligations are not limited by release language or by Limitation of Cost/Funds clauses. In practice, this clause is a high-risk allocation tool used only when the Government has specifically authorized it, and it creates important notice, documentation, and coordination duties for contractors and contracting officers when hazardous or nuclear incidents occur.

SAFETY Act Coverage Not Applicable.

FAR 52.250-2 is a solicitation provision used when the Government wants to make clear that the acquisition is not being treated as a SAFETY Act procurement. It addresses whether the products or services being bought are, or are not, considered to be qualified anti-terrorism technologies under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), 6 U.S.C. 441-444, and it explains the effect of that determination on the competition. In practical terms, the provision tells offerors that they cannot condition their proposal acceptance or pricing on receiving SAFETY Act designation or certification for the offered item or service. It also preserves the ability of technology sellers to seek SAFETY Act protections in other settings, outside this particular solicitation. The provision is important because it prevents offerors from making award contingent on a separate DHS SAFETY Act process and helps the contracting officer evaluate proposals on the basis of the solicitation requirements and price, not on speculative future SAFETY Act status. It also points readers to FAR subpart 50.2, which governs SAFETY Act-related procedures and policy.

SAFETY Act Block Designation/Certification.

FAR 52.250-3 is a solicitation provision used when the government has attached a DHS SAFETY Act block designation or block certification to the acquisition. It explains the key SAFETY Act terms the offeror needs to understand, including act of terrorism, Qualified Anti-Terrorism Technology (QATT), SAFETY Act designation, SAFETY Act certification, block designation, and block certification. It also describes what the SAFETY Act does in practice: it can provide liability protections and other benefits for technologies used to prevent, detect, identify, or deter terrorism or limit its harm. The provision tells offerors that a block designation/certification may reduce the burden of applying to DHS and may allow expedited review, but only for technologies that rely on established performance standards or defined technical characteristics. It also makes clear that the attached block designation/certification contains the controlling details, such as the covered technology, required application-kit portions, expiration date, and any special terms. Importantly, the provision states that DHS’s SAFETY Act determinations are separate from procurement acceptability determinations, that SAFETY Act coverage is optional, and that proposals conditioned on obtaining SAFETY Act designation or certification generally will not be considered for award. In short, this section is about when and how a contractor may seek SAFETY Act benefits for a covered technology, and how that choice affects proposal preparation and pricing.

SAFETY Act Pre-qualification Designation Notice.

FAR 52.250-4 is a solicitation provision used when the Government wants to tell offerors that the technology being acquired has been identified by the Department of Homeland Security (DHS) through a SAFETY Act pre-qualification designation notice. The provision explains the key SAFETY Act terms used in the notice, including act of terrorism, block designation, block certification, pre-qualification designation notice, qualified anti-terrorism technology (QATT), SAFETY Act designation, and SAFETY Act certification. It also describes what the SAFETY Act does in practice: it can provide liability protections and other benefits for technologies used to prevent, detect, identify, deter, or limit harm from terrorism. The provision makes clear that the solicitation includes an attached DHS notice with the detailed technology description, application requirements, deadlines, expiration date, and other conditions for streamlined or expedited SAFETY Act processing. It also emphasizes that DHS makes its own independent determinations under the SAFETY Act and that those determinations do not decide whether a product meets the solicitation’s requirements. Finally, the provision states that SAFETY Act designation or certification is optional, not a requirement of the procurement, and warns offerors not to make pricing or other proposal terms contingent on obtaining SAFETY Act status.

SAFETY ActEquitable Adjustment.

FAR 52.250-5, SAFETY Act–Equitable Adjustment, addresses how contract pricing and performance are handled when a contract item was priced on the assumption that the Department of Homeland Security (DHS) would issue a SAFETY Act designation or SAFETY Act certification, but DHS later denies that application. The clause defines key SAFETY Act terms, including act of terrorism, Qualified Anti-Terrorism Technology (QATT), block designation, block certification, SAFETY Act designation, and SAFETY Act certification, so the parties know exactly what kind of technology and DHS determination are involved. It applies to items covered by a pre-qualification designation notice, block designation, or block certification and states that the contract price was established based on the expectation of DHS approval. The clause requires the contractor to pursue the designation/certification and the insurance amount DHS requires in good faith, and it gives the contractor a limited time to request an equitable adjustment if DHS denies the application. It also gives the contracting officer discretion either to adjust the contract price or other terms and conditions, or to terminate the contract for convenience instead of granting an adjustment. Finally, it preserves the contractor’s duty to continue performance while the adjustment is being worked out and routes unresolved disagreements into the contract’s Disputes clause. In practice, this clause is important because it allocates the financial risk of SAFETY Act denial, sets a process for seeking relief, and protects the Government’s ability to continue or exit performance if the underlying DHS approval does not materialize.