Overview
This section identifies the statutory and regulatory foundations that govern the implementation of the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) within the federal acquisition process. It establishes the legal framework for providing liability protections to contractors who develop and deploy anti-terrorism technologies.
Key Rules
- SAFETY Act (6 U.S.C. 441-444): The primary legislative authority that creates liability limitations and risk management incentives for providers of "Qualified Anti-Terrorism Technologies."
- Executive Order 13286: Facilitates the transfer of specific functions to the Secretary of Homeland Security, ensuring the Department of Homeland Security (DHS) has the oversight necessary to administer these protections.
- Executive Order 10789: Grants agencies the authority to utilize extraordinary contractual actions and indemnification for national defense purposes, providing a broader context for the SAFETY Act’s application.
- 6 CFR Part 25: The specific Department of Homeland Security regulations that provide the administrative procedures for designating and certifying technologies under the SAFETY Act.
Practical Implications
- Legal Safe Harbor: These authorities collectively allow contractors to mitigate massive "enterprise-crushing" liability risks that might otherwise prevent them from selling anti-terrorism solutions to the government.
- Interagency Coordination: Contracting officers must look to these specific DHS-managed authorities to determine if a procurement qualifies for SAFETY Act protections, ensuring that the legal benefits are correctly integrated into the contract terms.