FAR Section 52.251-2

FAC 2005–30 FEBRUARY 17, 2009
52.251-1
sel (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 6 U.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) Prices for the items covered by the pre-qualification
designation notice, block designation, or block certification in
the contract were established presuming DHS will issue a
SAFETY Act designation (or SAFETY Act certification) for
those items.
(c) In order to qualify for an equitable adjustment in accordance with paragraph (d) of this clause the Contractor shall in
good faith pursue obtaining—
(1) SAFETY Act designation (or SAFETY Act certification); and
(2) The amount of insurance DHS requires for issuing
any SAFETY Act designation (or SAFETY Act certification).
(d)(1) If DHS denies the Contractor’s SAFETY Act designation (or certification) application, the Contractor may sub52.2-362.2

FEDERAL ACQUISITION REGULATION
mit a request for an equitable adjustment within 30 days of
DHS’s notification of denial.
(2) The Contracting Officer shall either—
(i) Make an equitable adjustment to the contract
price based on evidence of the resulting increase or decrease
in the Contractor’s costs and/or an equitable adjustment to
other terms and conditions based on lack of SAFETY Act designation (or certification); or
(ii) At the sole option of the Government, terminate
this contract for the convenience of the Government in place
of an equitable adjustment.
(3) A failure of the parties to agree on the equitable
adjustment will be considered to be a dispute in accordance
with the “Disputes” clause of this contract.
(4) Unless first terminated, the Contractor shall continue contract performance during establishment of any equitable adjustment.
(End of clause)
52.251-1 Government Supply Sources.
As prescribed in 51.107, insert the following clause in
solicitations and contracts when the contracting officer may
authorize the contractor to acquire supplies or services from
a Government supply source:
GOVERNMENT SUPPLY SOURCES (APR 1984)
The Contracting Officer may issue the Contractor an
authorization to use Government supply sources in the performance of this contract. Title to all property acquired by the
Contractor under such an authorization shall vest in the Government unless otherwise specified in the contract. Such property shall not be considered to be “Government-furnished
property,” as distinguished from “Government property.” The
provisions of the clause entitled “Government Property,”
except its paragraphs (a) and (b), shall apply to all property
acquired under such authorization.
(End of clause)
52.251-2 Interagency Fleet Management System Vehicles
and Related Services.
As prescribed in 51.205, insert the following clause:
INTERAGENCY FLEET MANAGEMENT SYSTEM VEHICLES
AND RELATED SERVICES (JAN 1991)
The Contracting Officer may issue the Contractor an
authorization to obtain interagency fleet management system
(IFMS) vehicles and related services for use in the performance of this contract. The use, service, and maintenance of
interagency fleet management system vehicles and the use of
related services by the Contractor shall be in accordance with
41 CFR 101-39 and 41 CFR 101-38.301-1.
(End of clause)