Overview
FAR Subpart 39.2 implements Section 508 of the Rehabilitation Act of 1973, requiring federal agencies to ensure that Information and Communication Technology (ICT) is accessible to individuals with disabilities. The regulation mandates that federal employees and members of the public with disabilities receive access to information and data comparable to that provided to those without disabilities.
Key Rules
- Accessibility Standards: All ICT acquisitions must meet the standards identified in 36 CFR 1194.1 unless a specific exception or exemption applies.
- Comparable Access: Agencies are legally bound to provide equal access to information for both federal employees and the general public.
- Commercial Products/Services: Agencies must prioritize the purchase of commercial ICT that meets the highest level of accessibility standards available in the marketplace that still meets the agency’s functional needs.
- Legacy ICT "Safe Harbor": ICT procured or used on or before January 18, 2018, is not required to meet current standards if it already complied with earlier Section 508 standards and has not been altered since that date.
- Indefinite-Quantity (IDIQ) Contracts: While full compliance isn't required for the initial umbrella award, it must be verified and documented at the individual task or delivery order level.
- Alternative Means of Access: Even if an exemption (like "undue burden") is granted, the agency is still required to provide the information or data through an alternative accessible format to the individual with a disability.
Responsibilities
- Requiring Activity (Program Managers/Technical Leads):
- Determines the technical requirements and accessibility needs.
- Provides written documentation/justification for any exceptions or exemptions.
- Conducts market research to determine the availability of conforming commercial products.
- Documents the rationale for why a specific product "best meets" standards when full compliance is unavailable.
- Contracting Officers (CO):
- Ensures the contract file contains written confirmation from the requiring activity regarding exceptions (e.g., National Security).
- Obtains and maintains written determinations for exemptions (e.g., Undue Burden or Nonavailability).
- Verifies that task/delivery orders under IDIQs are supported by appropriate accessibility documentation.
- Contractors:
- Must indicate which supplies and services are compliant.
- Must provide specific locations (e.g., URLs) where full details of accessibility compliance (such as VPATs/ACRs) can be found.
Practical Implications
- Market Research is Critical: Agencies cannot simply claim a product is "unavailable" in an accessible format without documented market research. The CO must be able to show a listing of requirements that could not be met and a comparison of products.
- Documentation "Audit Trail": Compliance is not a verbal agreement; it requires a paper trail. If an agency claims an "Undue Burden," they must specifically document the "significant difficulty or expense" relative to the resources available to the program.
- The "Alteration" Trigger: Routine maintenance does not trigger new standards for legacy systems, but any "alteration" (changing the user interface or how data is accessed) after 2018 requires the entire component to be brought up to modern ICT accessibility standards.
- Vendor Transparency: For contractors, having an updated Accessibility Conformance Report (ACR) based on the Voluntary Product Accessibility Template (VPAT) is a prerequisite for being competitive in the federal ICT market.