Overview
This section prescribes the procedures for integrating the Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act of 2002 into the federal acquisition process. It details the coordination required between the requiring activity, the contracting officer, and the Department of Homeland Security (DHS) to manage liability protections for providers of anti-terrorism technologies.
Key Rules
- Early Consideration: Acquisition officials must consider SAFETY Act implications as early as possible in the acquisition cycle, typically when identifying required capabilities or performance characteristics.
- DHS Coordination: Requiring activities must consult with DHS to determine if "block designations" or "block certifications" exist for a technology; if not, they are responsible for requesting a pre-qualification designation notice.
- Pre-qualification Notices: A pre-qualification notice from DHS (either affirmative or presumptive) allows offerors to submit streamlined applications and receive expedited reviews for SAFETY Act protections.
- Solicitation Requirements: Contracting officers must disclose the status of SAFETY Act pre-qualification (requested, denied, or issued) in pre-solicitation notices and incorporate issued notices into the final solicitation.
- Contingent Offers: Offers contingent upon receiving SAFETY Act protections are permitted only if DHS has issued a pre-qualification or block notice and market research indicates that competition would be insufficient without such protections.
- Post-Award Presumptions: Awards may be made before DHS issues protections only with the approval of the chief of the contracting office and after consulting with DHS regarding evaluation timelines.
- Certification Restrictions: Contracting officers generally cannot authorize offers or awards contingent upon a SAFETY Act certification (the higher level of protection) unless a block certification already applies to that class of technology.
Practical Implications
- Lead Time Management: Because DHS processing times vary based on technical complexity and application volume, agencies must initiate SAFETY Act discussions well before the solicitation release to avoid procurement delays.
- Market Engagement: Agencies use the SAFETY Act as a market-shaping tool; by securing pre-qualification notices, the government encourages participation from innovative firms that would otherwise refuse to bid due to the high liability risks associated with anti-terrorism technologies.