---
kind: "section"
citation: "48 C.F.R. § 50.206"
title: "48"
number: "50.206"
heading: "Solicitation provisions and contract clause."
url: "https://uscodex.org/cfr/48/50.206"
---

# §50.206. Solicitation provisions and contract clause.

- (a) Insert the provision at 52.250-2, SAFETY Act Coverage Not Applicable, in solicitations if—
  - (1) The agency consulted with DHS on a questionable case of SAFETY Act applicability to an acquisition in accordance with 50.205-1(a), and after the consultation, the agency has determined that SAFETY Act protection is not applicable for the acquisition; or
  - (2) **DHS has denied approval of a pre-qualification designation notice.**
- (b)
  - (1) Insert the provision at 52.250-3, SAFETY Act Block Designation/Certification, in a solicitation when DHS has issued a block designation/certification for the solicited technologies.
  - (2) Use the provision at 52.250-3 with its Alternate I when contingent offers are authorized in accordance with 50.205-3.
  - (3) Use the provision at 52.250-3 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4. If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application.
- (c)
  - (1) Insert the provision at 52.250-4, SAFETY Act Pre-qualification Designation Notice, in a solicitation for which DHS has issued a pre-qualification designation notice.
  - (2) Use the provision at 52.250-4 with its Alternate I when contingent offers are authorized in accordance with 50.205-3.
  - (3) Use the provision at 52.250-4 with its Alternate II when offers presuming SAFETY Act designation or certification are authorized in accordance with 50.205-4. If this alternate is used, the contracting officer may increase the number of days within which offerors must submit their SAFETY Act designation or certification application.
- (d) Insert the clause at 52.250-5, SAFETY Act—Equitable Adjustment—
  - (1) In the solicitation, if the provision at 52.250-3 or 52.250-4 is used with its Alternate II; and
  - (2) In any resultant contract, if DHS has not issued SAFETY Act designation or certification to the successful offeror before contract award.

## 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]