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52.250-4SAFETY Act Pre-qualification Designation Notice.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.250-4 — SAFETY Act Pre-qualification Designation Notice.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.250-4 SAFETY Act Pre-qualification Designation Notice. As prescribed in 50.206(c)(1), insert the following provision: Safety Act Pre-Qualification Designation Notice (FEB 2009) (a) Definitions. As used in this provision— Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security: (1) Is unlawful. (2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States. (3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States. Block certification means SAFETY Act certification of a technology class that the Department of Homeland Security (DHS) has determined to be an approved class of approved products for homeland security. Block designation means SAFETY Act designation of a technology class that the DHS has determined to be a Qualified Anti-Terrorism Technology (QATT). Pre-qualification designation notice means a notice in a procurement solicitation or other publication by the Government stating that the technology to be procured either affirmatively or presumptively satisfies the technical criteria necessary to be deemed a qualified anti-terrorism technology. A pre-qualification designation notice authorizes offeror(s) to submit streamlined SAFETY Act applications for SAFETY Act designation and receive expedited processing of those applications. Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified, procured, or sold for the purpose of preventing, detecting, identifying,

Source: eCFR, 48 CFR 52.250-4 (https://www.ecfr.gov/current/title-48/section-52.250-4)

Compliance Checklist

  • (2) This notice is attached to this solicitation and contains essential information, including— (i) A detailed description of and specification for the technology covered by the notice; (ii) A statement that the technology described and specified in the notice satisfies the technical criteria to be deemed a QATT and the offeror's proposed technology either may presumptively or will qualify for the issuance of a designation provided the offeror complies with terms and conditions in the notice and its application is approved; (iii) The period of time within which DHS will take action upon submission of a SAFETY Act application submitted pursuant to the notice; (iv) A listing of those portions of the application that must be completed and submitted by selected awardees and the time periods for such submissions; (v) The date of expiration of the notice; and (vi) Any other terms and conditions concerning the notice.
  • (2) An offeror is eligible for award only if the offeror— (i) Files a SAFETY Act designation application, limited to the scope of the applicable prequalification designation notice, within 15 days after submission of the proposal; (ii) Pursues its SAFETY Act designation application in good faith; and (iii) Agrees to obtain the amount of insurance DHS requires for issuing the offeror's SAFETY Act designation.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.