DHS to speed contractors' exemptions from lawsuits

The Homeland Security Department has taken steps to speed up processing of some applications for protection under a 2002 law designed to encourage development of anti-terrorism technology by shielding contractors from lawsuits.

A new, expanded application kit for coverage under the 2002 Support Anti-Terrorism by Fostering Effective Technologies Act incorporates changes based in part on recommendations of companies that found the former process cumbersome, said Brian Finch, an attorney who handles dozens of applications.

The so-called SAFETY Act allows contractors that provide anti-terror technologies to DHS to avoid liability in the event of a terrorist attack. In offering such protection, the department is attempting to make homeland security contracts less of a financial risk for companies.

"[DHS officials are] not going to start rubber-stamping applications," Finch said, "but they do recognize it's a process that needs to be more user-friendly." The new guidelines could allow hundreds of applicants to get an expedited review, he said.

In the updated SAFETY Act application guide, posted online Wednesday afternoon, DHS stated that products already in use by the military, federal government or state and local agencies stand a better chance of getting an expedited review. Products under consideration in an "ongoing procurement," also have a better chance.

Applications for an expedited decision must include the name of the relevant procuring organization, the name of the related government official, the Request for Proposals identification number, any RFP-related deadlines, when the product can be ready, how long it takes to deploy, maintenance data and a very detailed description of insurance information.

DHS said it will continue to accept input on the changed application procedures during the coming months. The department still retains discretion over which requests for hastened consideration are accepted.

Alan Chvotkin, senior vice president of the Professional Services Council, which represents hundreds of government contractors, said that following the draft release of the new SAFETY Act application kit, DHS has been very responsive to the concerns of contractors. Now, the department has drawn clearer lines about what information a company provides will remain classified to protect trade secrets, he said.

But a remaining issue, he said, is how a company already awaiting approval that makes a technological breakthrough can attach its updated product to an existing SAFETY Act application -- or even whether it can, Chvotkin said.

"There still is… concern over that," he said.