---
kind: "section"
citation: "48 C.F.R. § 50.205-3"
title: "48"
number: "50.205-3"
heading: "Authorization of offers contingent upon SAFETY Act designation or certification before contract award."
url: "https://uscodex.org/cfr/48/50.205-3"
---

# §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.

## Notes

### Amendments

[72 FR 63030, Nov. 7, 2007, as amended at 74 FR 2738, Jan. 15, 2009]

### Authority

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.

### Source

Source: 72 FR 63030, Nov. 7, 2007, unless otherwise noted.

### Amendments

[72 FR 63030, Nov. 7, 2007, as amended at 74 FR 2738, Jan. 15, 2009]