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

FAR 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award.

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 allows contracting officers to accept offers that are contingent on the offeror obtaining a SAFETY Act designation or certification before contract award, but only under specific conditions. It matters because it sets strict limits on when such contingent offers can be authorized, affecting how contractors can compete for certain contracts.

Applies to: Contracting officers and offerors in acquisitions involving SAFETY Act protections

Key terms: SAFETY Act designation · SAFETY Act certification · pre-qualification designation notice · block designation · block certification

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

The text

(a) Contracting officers may authorize such contingent offers, only if—

(1) DHS has issued—

(i) For offers contingent upon SAFETY Act designation, a pre-qualification designation notice or a block designation; or

(ii) For offers contingent upon SAFETY Act certification, a block certification;

(2) To the contracting officer's knowledge, the Government has not provided advance notice so that potential offerors could have obtained SAFETY Act designations/ certifications for their offered technologies before release of any solicitation; and

(3) Market research shows that there will be insufficient competition without SAFETY Act protections or the subject technology would be sold to the Government only with SAFETY Act protections.

(b) Contracting officers shall not authorize offers contingent upon obtaining a SAFETY Act certification (as opposed to a SAFETY Act designation), unless a block certification applies to the class of technology to be acquired under the solicitation.

Sections that refer to it

  • 50.204 Policy.
  • 50.205-4 Authorization of awards made presuming SAFETY Act designation or certification after contract award.
  • 50.206 Solicitation provisions and contract clause.

← 50.205-2 Pre-qualification designation notice. · 50.205-4 Authorization of awards made presuming SAFETY Act designation or certification after contract award. →

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 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award · SpendQuery