Thanks very much.
Happy Holidays everyone.
Judy Dixon, Assistant to Thomas L. McGovern III
HOGAN & HARTSON LLP
Columbia Square, 555 Thirteenth Street, NW, Washington, DC 20004
direct +1.202.637.7151 | tel +1.202.637.5600 | fax +1.202.637.5910
jadixon@hhlaw.com | http://www.hhlaw.com
NOTE: Please include your USPS mailing address and phone numbers on your response
CHANGES TO THE SAFETY ACT
At the December 19, 2007 meeting of the ABA Homeland Security Committee, we will be discussing the interim FAR rule to implement the SAFETY Act. (See background at the bottom of this e-mail.) Co-Chair Paul Haseman and Mark Robertson will lead the discussion. Mark Robertson is the former Associate General Counsel for the DHS Science & Technology Directorate and a founding member of Klitenic Robertson PLLC and KR Security LLC. Based on comments received to date, Paul has taken the lead in preparing a draft of the ABA’s comments on the rule, which are attached. (For internal ABA coordination purposes, draft comments must be submitted for ABA/PCL Council review by 24 December.)
Even if you cannot make the meeting on December 19, your written comments on the FAR interim regulation or draft comments are solicited. Also, if you would like to assist in preparing the next draft of the comments, please contact Paul Haseman at pbhaseman@raytheon.com or 303-344-6102.
Best regards,
Co-Chairs Paul Haseman and Tom McGovern
(See attached file: FAR SAFETY Act Regs (Interim 7 Nov 07).doc)
(See attached file: FAR SAFETY Draft Comments)
Date: Wednesday, December 19, 2007
Time: 12:00-12:30 lunch, 12:30–1:30 Program
Location: Hogan and Hartson LLP, 555 - 13th St, NW
(Concourse level – immediately adjacent to the City Club)
Lunch will be served at the price of $7.00 per person. Cash only please.
Dial-in info for those who are unable to attend is as follows:
888-387-2905
Conference Code: 202-637-5784
We look forward to seeing you at the meeting. If anyone wishes to participate by telephone, the dial-in number is 888-387-2905, conference code 202-637-5784; the phone line will be open at approximately 12:15. In addition, if you know of anyone else who would be interested in participating in the Committee, please let us know so that we may invite them as well.
Please RSVP to Judy Dixon at jadixon@hhlaw.com or (202) 637-7151 and let her know whether you will be attending the meeting, or participating by phone.
(If you can’t make the December meeting, the next meeting of the committee will be held at Noon on February 20, 2008 at Hogan and Hartson, LLP.)
Judy Dixon, Assistant to Thomas L. McGovern III
HOGAN & HARTSON LLP
Columbia Square, 555 Thirteenth Street, NW, Washington, DC 20004
direct +1.202.637.7151 | tel +1.202.637.5600 | fax +1.202.637.5910
jadixon@hhlaw.com | http://www.hhlaw.com
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BACKGROUND ON THE SAFETY ACT AND INTERIM RULE
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (“Councils”) have agreed on an interim rule amending the FAR to implement the Department of Homeland Security (DHS) regulations on the Support Antiterrorism by Fostering Effective Technologies (“SAFETY”) Act of 2002, (6 USC 441–444). As part of the Homeland Security Act of 2002, Congress enacted liability protections for providers of certain anti-terrorism technologies. The SAFETY Act provides incentives for the development and deployment of antiterrorism technologies by creating a system of ‘‘risk management’’ and a system of ‘‘litigation management.’’ The SAFETY Act applies to a broad range of technologies, including products, services, and software, or combinations thereof, as long as DHS determines that a technology merits designation. The purpose of the SAFETY Act is to ensure that the threat of liability does not deter potential manufacturers or sellers of anti-terrorism technologies from developing, deploying, and commercializing technologies that could save lives. In June 2006, DHS issued a final rule addressing liability limitations and the establishment of "SAFETY Act designations" and "SAFETY Act certifications" for technology that is Qualified Anti-Terrorism Technology. The interim rule intended to integrate the SAFETY Act’s benefits and DHS's rules into the federal acquisition system so that the Government can procure necessary anti-terrorism technologies. Among other things, the interim rule adds a new FAR Subpart 50.1 (Extraordinary Contractual Actions) and Subpart 50.2 (Support of Anti-terrorism by Fostering Effective Technologies Act of 2002), which includes the policy statement for implementing the SAFETY Act in 50.204 and the SAFETY Act considerations that must be included in acquisition planning, in 50.205.
The interim rule also includes a clause to implement the SAFETY Act rules.
This interim rule impacts 48 CFR Parts 1, 17, 18, 28, 32, 33, 43, 50 and 52. The interim rule was published in 72 Fed. Reg. 63027 on November 7, 2007.
Please review the interim rule to determine whether comments are warranted:
(a) to address perceived issues in the interim rule, or
(b) to support or applaud agency efforts reflected in the interim rule.
In order to meet the deadline for comments of January 7, 2008, Committee intends on taking one of the following actions no later than December 24, 2007: (1) provide draft comments, if any; (2) indicate that the interim rule should receive the Section's affirmative support (in which case we will coordinate on a brief letter); or (3) indicate that no action should be taken.
"EMF
------------------------------------------------------------------------------
This electronic message transmission contains information from this law firm which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure,
copying, distribution or use of the contents of this information is prohibited.
If you have received this electronic transmission in error, please notify us by telephone (+1-202-637-5600) or by electronic mail (PostMaster@HHLAW.COM) immediately.
==============================================================================
No comments:
Post a Comment