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Overview

This section establishes that FAR Subpart 50.2 implements the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), which provides critical liability protections for providers of anti-terrorism technologies.

Key Rules

  • Implementation of Statutory Law: Formally integrates the SAFETY Act of 2002 into the Federal Acquisition Regulation framework.
  • Liability Protections: Establishes the basis for legal liability limits or immunities for contractors in the event of an act of terrorism.
  • Incentivization: Specifically aims to encourage the private sector to develop, deploy, and utilize innovative anti-terrorism products and services.

Practical Implications

  • Risk Mitigation: Contractors can significantly reduce their financial exposure to third-party claims if their technology is "designated" or "certified" by the Department of Homeland Security (DHS) under this subpart.
  • Contractual Protections: This scope allows for the inclusion of specific clauses in government contracts that recognize and apply SAFETY Act protections to the items or services being procured.

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