52.250-3 SAFETY Act Block

Designation/Certification.

As prescribed in 50.206(b)(1), insert the following provision:

Safety Act Block Designation/Certification (Feb 2009)

(a) Definitions. As used in this provisionAct 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).

Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified,

procured, or sold for the purpose of preventing, detecting, identifying, or deterring acts of terrorism

or limiting the harm such acts might otherwise cause, for which a SAFETY Act designation has been

issued. For purposes of defining a QATT, technology means any product, equipment, service

(including support services), device, or technology (including information technology) or any

combination of the foregoing. Design services, consulting services, engineering services, software

development services, software integration services, threat assessments, vulnerability studies, and

other analyses relevant to homeland security may be deemed a technology.

SAFETY Act certification means a determination by DHS pursuant to 6U.S.C. 442(d), as further

delineated in 6 CFR 25.9, that a QATT for which a SAFETY Act designation has been issued is an

approved product for homeland security, i.e., it will perform as intended, conforms to the seller’s

specifications, and is safe for use as intended.

SAFETY Act designation means a determination by DHS pursuant to 6 U.S.C. 441(b) and 6 U.S.C.

443(a), as further delineated in 6 CFR 25.4, that a particular Anti-Terrorism Technology constitutes

a QATT under the SAFETY Act.

(b) The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), 6

U.S.C. 441-444, creates certain liability limitations for claims arising out of, relating to, or resulting

from an act of terrorism where QATTs have been deployed. It also confers other important benefits.
SAFETY Act designation and SAFETY Act certification are designed to support effective technologies

aimed at preventing, detecting, identifying, or deterring acts of terrorism, or limiting the harm that

such acts might otherwise cause, and which also meet other prescribed criteria. For some classes of

technologies, DHS may issue a block designation/certification in order to lessen the burdens for

filing for SAFETY Act designation or SAFETY Act certifications by not requiring applicants to provide

certain information otherwise required and in order to offer expedited review of any application

submitted pursuant to a block designation/certification. Block designations/certifications will be

issued only for technologies that rely on established performance standards or defined technical

characteristics.

(c)

(1) DHS has issued a block designation or block certification for the technology to be acquired under

this solicitation.

(2) This block designation or block certification is attached to this solicitation and contains essential

information, including-

(i) A detailed description of and specification for the technology covered by the block designation or

block certification;

(ii) A listing of those portions of the SAFETY Act application kit that must be completed and

submitted by applicants;

(iii) The date of its expiration; and

(iv) Any other terms and conditions.

(3) Offerors should read this block designation or block certification carefully to make sure they

comply with its terms if they plan to take advantage of SAFETY Act coverage for their

technology(ies).

(d) All determinations by DHS are based on factors set forth in the SAFETY Act and its implementing

regulations. A determination by DHS to issue a SAFETY Act designation, or not to issue a SAFETY

Act designation for a particular technology as a QATT is not a determination that the technology

meets, or fails to meet, the requirements of any solicitation issued by any Federal, State, local or

tribal governments. Determinations by DHS with respect to whether to issue a SAFETY Act

designation for technologies submitted for DHS review are based on the factors identified in 6 CFR

25.4(b).

(e) Neither SAFETY Act designation nor certification is in any way a requirement of this action.

Whether to seek the benefits of the SAFETY Act for a proposed product or service is entirely up to

the offeror. Additional information about the SAFETY Act and this block designation/certification

may be found at the SAFETY Act website at http://www.SAFETYAct.gov or requests may be mailed

to:

Directorate of Science and Technology SAFETY Act/Room 4320 Department of Homeland Security

Washington, DC 20528

(f) Proposals in which pricing or any other terms or conditions are offered contingent upon SAFETY

Act designation or SAFETY Act certification of the proposed product(s) or service(s) will not be

considered for award.
(End of provision)

Alternate I (Feb 2009). As prescribed in 50.206 (b)(2), substitute the following paragraph (f):

(f)(1) Offerors are authorized to submit proposals made contingent upon SAFETY Act designation (or

SAFETY Act certification, if a block certification exists) before award. When an offer is made

contingent upon SAFETY Act designation or certification, the offeror also may submit an alternate

offer without the contingency.

(2) If an offer is submitted contingent upon receipt of SAFETY Act designation (or SAFETY Act

certification, if a block certification exists) prior to contract award, then the Government may not

award a contract based on such offer unless the offeror demonstrates prior to award that DHS has

issued a SAFETY Act designation (or SAFETY Act certification, if a block certification exists) for the

offeror’s technology.

(3) The Government reserves the right to award the contract based on a noncontingent offer, prior

to DHS resolution of the offeror’s application for SAFETY Act designation (or SAFETY Act

certification, if a block certification exists).

Alternate II ( Feb 2009). As prescribed in 50.206 (b)(3), substitute the following paragraph (f):

(f)(1) Offerors are authorized to submit offers presuming that SAFETY Act designation (or SAFETY

Act certification, if a block certification exists) will be obtained before or after award.

(2) An offeror is eligible for award only if the offeror-

(i) Files a SAFETY Act designation (or SAFETY Act certification) application, limited to the scope of

the applicable block designation (or block certification), within 15 days after submission of the

proposal;

(ii) Pursues its SAFETY Act designation (or SAFETY Act certification) application in good faith; and

(iii) Agrees to obtain the amount of insurance DHS requires for issuing the offeror’s SAFETY Act

designation (or SAFETY Act certification).

(3) If DHS has not issued a SAFETY Act designation (or SAFETY Act certification) to the successful

offeror before contract award, the contracting officer will include the clause at 52.250-5 in the

resulting contract.

Parent topic: 52.250 [Reserved]