Overview
FAR 39.204 identifies specific categories of Information and Communication Technology (ICT) that are exempt from Section 508 accessibility requirements and mandates the administrative process for documenting these exemptions.
Key Rules
- National Security Systems: ICT operated as part of a national security system (per 40 U.S.C 11103(a)) is exempt from accessibility standards.
- Incidental Contract Items: ICT acquired for a contractor’s internal use to perform a contract (and not delivered to the government) does not need to meet accessibility requirements.
- Maintenance or Monitoring Spaces: Status indicators and hardware-based user controls located in areas frequented only by service personnel (e.g., server rooms or repair closets) are exempt.
- Required Documentation: The Contracting Officer must obtain written confirmation from the requiring activity verifying that an exception applies.
- File Maintenance: This written justification must be included in the official contract file and referenced during acquisition planning.
Practical Implications
- Contractors are not required to upgrade their in-house internal systems to Section 508 standards simply because they have been awarded a federal contract.
- Contracting Officers must ensure that any "National Security" or "Incidental" exemption is legally justified and documented early in the acquisition phase to prevent post-award compliance disputes.