Information and Communication Technology
FAR Subpart 39.2 mandates that federal ICT acquisitions meet accessibility standards unless a documented exception or exemption applies.
Overview
FAR Subpart 39.2 establishes the regulatory framework for the acquisition of Information and Communication Technology (ICT) by federal agencies. It outlines the scope, definitions, applicability, exceptions, and exemptions relevant to ICT procurements. The subpart ensures that agencies consider accessibility requirements, particularly those related to Section 508 of the Rehabilitation Act, when acquiring ICT products and services. It clarifies which contracts are subject to these rules, provides definitions for key terms, and identifies circumstances where exceptions or exemptions may apply. This subpart is essential for ensuring that ICT acquisitions are compliant with federal accessibility standards and that contractors understand their obligations regarding accessible technology.
Key Rules
- Scope of Subpart (39.201)
- Defines the boundaries and intent of the subpart, focusing on ICT acquisitions.
- Definition (39.202)
- Provides key definitions, including what constitutes ICT and related terms.
- Applicability (39.203)
- Specifies which contracts and acquisitions must comply with the subpart’s requirements.
- Exceptions (39.204)
- Lists situations where the requirements do not apply, such as national security or undue burden.
- Exemptions (39.205)
- Details specific exemptions from compliance, often based on statutory or regulatory authority.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts for ICT comply with accessibility requirements and properly apply exceptions or exemptions.
- Contractors: Must deliver ICT products and services that meet federal accessibility standards unless a valid exception or exemption applies.
- Agencies: Oversee compliance, maintain documentation for exceptions/exemptions, and ensure accessibility is considered in ICT acquisitions.
Practical Implications
- This subpart exists to promote accessible ICT in federal procurements, supporting inclusivity and legal compliance.
- It impacts daily contracting by requiring careful review of accessibility standards and documentation of any exceptions or exemptions.
- Common pitfalls include failing to properly document exceptions or misunderstanding the scope of applicability.