Overview
This section prescribes the mandatory requirement for Information and Communication Technology (ICT) acquisitions to meet federal accessibility standards (Section 508) unless specific exceptions or exemptions apply. It details how these requirements apply across different contract types, commercial items, and legacy systems.
Key Rules
- General Mandate: All ICT supplies and services must conform to the accessibility standards at 36 CFR 1194.1 unless an exception (FAR 39.204) or exemption (FAR 39.205) is documented.
- Indefinite-Quantity Contracts: Documentation of exceptions is not required for the base contract award (unless for initial requirements); however, the contract must identify which items are compliant and provide a URL for compliance details.
- Order-Level Enforcement: Compliance must be verified, and any necessary exceptions or exemptions must be documented at the time a task or delivery order is issued.
- Commercial Products/Services: Agencies must comply with the standards that can be met by existing commercial marketplace offerings that best satisfy the agency's requirements.
- Legacy ICT "Safe Harbor": ICT procured or used on or before January 18, 2018, is exempt from current standards if it met earlier Section 508 standards and has not been altered.
- Alteration Trigger: Any post-January 18, 2018, modification to legacy ICT that affects the user interface or access to data requires the component to be updated to current accessibility standards.
Practical Implications
- Contracting Officers and requiring activities must ensure that Section 508 compliance is addressed at the individual order level rather than relying solely on the existence of a base IDIQ contract.
- Vendors should maintain up-to-date Accessibility Conformance Reports (ACRs), such as VPATs, on their websites to ensure their products remain eligible for selection during agency market research.