The FAR Council has issued changes to the FAR in the form of Federal Acquisition Change 2005-21. Two significant changes include:

SAFETY Act. Effective Nov. 7, the FAR is amended to implement Department of Homeland Security regulations on the Support Antiterrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act). The SAFETY Act provides a system of “risk management” and “litigation management” that is intended to encourage development of antiterrorism technologies by limiting the liability of companies that provide these technologies that are either “designated” or “certified” by DHS as eligible for the act’s protection. Several sections of FAR Part 50 have been revised to implement the SAFETY Act. For example, a new FAR Section 50.204 sets the “overarching policy” where it states agencies should (1) determine whether the technology to be procured is appropriate for SAFETY Act protection (2) encourage offerors to seek SAFETY Act protection for their offered technologies even before the solicitation is issued and (3) not mandating SAFETY Act protections recognizing that such protection should be a choice of the offeror.  Also, a new section in 50.2051 provides that sufficient time in acquisition planning be given to ensure SAFETY Act considerations be made an integral part of any acquisition.

The DHS rule provides a streamlined review procedure for extending the act’s liability protection to well defined categories of anti-terrorism technologies by allowing for “block designations” or “block certifications” and it allows an agency to seek a “pre-qualification designation notice” which is a preliminary determination of SAFETY act applicability.  New sections of the FAR that address these procedures are at FAR 50.205-1 (Fed. Reg. 63027).

Patents, Data and Copywrite Rewrite. Effective Dec. 7, the FAR will be amended to “clarify, streamline and update text and clauses on patents, data rights and copyrights.” The rewrite of FAR Part 27 and associated clauses in Part 52 is intended to provide “plain language.” The rewrite is not intended to substantially change the FAR except to bring them up to date to reflect current statutory and regulatory changes, executive orders and to resolve any internal inconsistencies (Fed. Reg. 63045)

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