48 CFR § 50.205-3 - 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award.
---
identifier: "/us/cfr/t48/s50.205-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 50.205-3 - 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "50.205-3"
section_name: "50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "G"
subchapter_name: "CONTRACT MANAGEMENT"
part_number: "50"
part_name: "EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "72 FR 63030, Nov. 7, 2007, unless otherwise noted."
cfr_part: "50"
---
# 50.205-3 50.205-3 Authorization of offers contingent upon SAFETY Act designation or certification before contract award.
(a) Contracting officers may authorize such contingent offers, only if—
(1) DHS has issued—
(i) For offers contingent upon SAFETY Act designation, a pre-qualification designation notice or a block designation; or
(ii) For offers contingent upon SAFETY Act certification, a block certification;
(2) To the contracting officer's knowledge, the Government has not provided advance notice so that potential offerors could have obtained SAFETY Act designations/ certifications for their offered technologies before release of any solicitation; and
(3) Market research shows that there will be insufficient competition without SAFETY Act protections or the subject technology would be sold to the Government only with SAFETY Act protections.
(b) Contracting officers shall not authorize offers contingent upon obtaining a SAFETY Act certification (as opposed to a SAFETY Act designation), unless a block certification applies to the class of technology to be acquired under the solicitation.
[72 FR 63030, Nov. 7, 2007, as amended at 74 FR 2738, Jan. 15, 2009]