SpendQueryBeta

FAR and DFARS › FAR Part 50: Extraordinary Contractual Actions and the Safety Act › Subpart 50.2

FAR 50.204 Policy.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells agencies how to handle SAFETY Act protections in acquisitions. Agencies should encourage offerors to seek protections but cannot require them, and they generally cannot make contract awards contingent on the Department of Homeland Security (DHS) issuing a designation or certification. A DHS decision on SAFETY Act protections does not determine whether a technology meets solicitation requirements.

Applies to: Government agencies conducting acquisitions

What it requires

  • Encourage offerors to seek SAFETY Act protections for their offered technologies, even before a solicitation is issued.
  • Not mandate SAFETY Act protections for acquisitions.
  • Not solicit offers contingent upon SAFETY Act designation or certification occurring before contract award unless authorized under 50.205-3.
  • Not solicit offers or award contracts presuming DHS will issue a SAFETY Act designation or certification after contract award unless authorized under 50.205-4.

Key terms: SAFETY Act · DHS · designation · certification · offeror

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Agencies should—

(1) Determine whether the technology to be procured is appropriate for SAFETY Act protections and, if appropriate, formally relay this determination to DHS for purposes of supporting contractor application(s) for SAFETY Act protections in relation to criteria (b)(viii) of 6 CFR 25.4, Designation of Qualified Anti-Terrorism Technologies;

(2) Encourage offerors to seek SAFETY Act protections for their offered technologies, even in advance of the issuance of a solicitation; and

(3) Not mandate SAFETY Act protections for acquisitions because applying for SAFETY Act protections for a particular technology is the choice of the offeror.

(b) Agencies shall not solicit offers contingent upon SAFETY Act designation or certification occurring before contract award unless authorized in accordance with 50.205-3.

(c) Agencies shall not solicit offers or award contracts presuming DHS will issue a SAFETY Act designation or certification after contract award unless authorized in accordance with 50.205-4.

(d) The DHS determination to extend SAFETY Act protections for a particular technology is not a determination that the technology meets, or fails to meet, the requirements of a solicitation.

Sections it refers to

  • 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award.
  • 50.205-4 Authorization of awards made presuming SAFETY Act designation or certification after contract award.

← 50.203 General. · 50.205 Procedures. →

Rule changes for FAR Part 50

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 50.204 Policy · SpendQuery