Overview
This section outlines the specific conditions under which a federal agency may be exempt from full compliance with Information and Communication Technology (ICT) accessibility standards (Section 508) and establishes the mandatory documentation and mitigation requirements for such cases.
Key Rules
- Allowable Exemptions: There are three primary justifications for not fully meeting ICT standards:
- Undue Burden: When compliance would cause significant difficulty or expense relative to the agency resources available.
- Fundamental Alteration: When compliance would change the essential nature of the ICT service or product.
- Nonavailability: When no commercial products or services fully meet the standards, the agency must procure the item that "best meets" the standards.
- Alternative Access Requirement: Even when an exemption is granted, agencies are legally required to provide individuals with disabilities an alternative means of access to the information or data.
- Documentation Standards: The Contracting Officer must obtain a formal written determination from the requiring activity for the contract file.
- Market Research: For nonavailability claims, the documentation must specifically include a description of market research conducted and a list of the specific requirements that could not be met.
Practical Implications
- Contracting Officers cannot unilaterally waive accessibility requirements; they must ensure the program office provides a robust, written justification that stands up to legal and administrative scrutiny.
- The "best meets" rule for nonavailability means that agencies must conduct thorough market research to compare the accessibility features of competing commercial products rather than simply ignoring Section 508 standards.