39.203 Applicability
Source: FAR 39.203 on acquisition.gov
All federal ICT acquisitions must meet accessibility standards unless a documented exception or exemption applies, with special rules for legacy systems and commercial items.
Overview
FAR 39.203 outlines when and how federal acquisitions for Information and Communication Technology (ICT) supplies and services must comply with accessibility standards, specifically referencing 36 CFR 1194.1. The section details requirements for different contract types, including indefinite-quantity contracts and task/delivery orders, and addresses special considerations for commercial products/services and legacy ICT systems. It also clarifies when exceptions or exemptions apply and the documentation required for noncompliant ICT acquisitions.
Key Rules
- General Applicability
- All ICT acquisitions must meet accessibility standards unless an exception (39.204) or exemption (39.205) applies.
- Indefinite-Quantity Contracts
- Exceptions/exemptions are not required before award (except for initial requirements), but contracts must specify which items are compliant and where compliance details can be found.
- Task/Delivery Orders
- Compliance must be ensured at the order level, with documentation for any exceptions or exemptions for noncompliant items.
- Commercial Products/Services
- Agencies must comply with accessibility standards that can be met by commercially available products/services, with reference to 39.205(a)(3) for further guidance.
- Legacy ICT
- Existing ICT (as of January 18, 2018) is exempt from current standards if it complies with earlier standards and has not been altered since that date.
- Alterations of Legacy ICT
- Any modifications to legacy ICT after January 18, 2018, must bring the system into compliance with current standards.
Responsibilities
- Contracting Officers: Ensure solicitations and contracts specify accessibility requirements, document exceptions/exemptions, and verify compliance at the order level.
- Contractors: Identify compliant ICT items, provide compliance details, and update legacy ICT as required.
- Agencies: Oversee compliance, maintain documentation for exceptions/exemptions, and ensure legacy ICT is updated when altered.
Practical Implications
- This section ensures federal ICT acquisitions are accessible to individuals with disabilities, aligning with Section 508 of the Rehabilitation Act. Contractors must be diligent in identifying compliant products and documenting exceptions. Agencies must track compliance at both contract and order levels, especially for indefinite-quantity contracts and legacy systems. Failure to comply can result in procurement delays or legal challenges.
(a) General. Unless an exception at 39.204 or an exemption at 39.205 applies, acquisitions for ICT supplies and services shall meet the applicable ICT accessibility standards at https://www.federalregister.gov/select-citation/2021/08/11/36-CFR-1194.1" target="_blank">36 CFR 1194.1.
(b) Indefinite-quantity contracts. Confirmation of an exception or a determination of an exemption is not required prior to award of an indefinite-quantity contract, except for requirements that are to be satisfied by initial award. The contract must identify which supplies and services the contractor indicates as compliant and show where full details of compliance can be found (e.g., vendor's or other exact website location).
(c) Task order or delivery order. At the time of issuance of a task order or delivery order under an indefinite-quantity contract, the requiring and ordering activities shall ensure compliance with the ICT accessibility standards and document an exception or exemption if applicable. Any task order or delivery order, or portion thereof, issued for a noncompliant ICT item shall be supported by the appropriate exception or exemption documented by the requiring activity.
(d) Commercial products and commercial services. When acquiring commercial products and commercial services, an agency must comply with those ICT accessibility standards that can be met with supplies or services that are available in the commercial marketplace and that best address the agency's needs, but see 39.205(a)(3).
(e) Legacy ICT. Any component or portion of existing ICT (i.e., ICT that was procured, maintained, or used on or before January 18, 2018) is not required to comply with the current ICT accessibility standards if it—
(1)Complies with an earlier standard issued pursuant to section 508 of the Rehabilitation Act of 1973 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim" target="_blank">29 U.S.C. 794d), which is set forth in Appendix D to https://www.federalregister.gov/select-citation/2021/08/11/36-CFR-1194.1" target="_blank">36 CFR 1194.1); and
(2)Has not been altered (i.e., a change that affects interoperability, the user interface, or access to information or data) after January 18, 2018.
(f) Alterations of legacy ICT. When altering any component or portion of existing ICT, after January 18, 2018, the component or portion must be modified to conform to the current ICT accessibility standards in https://www.federalregister.gov/select-citation/2021/08/11/36-CFR-1194.1" target="_blank">36 CFR 1194.1.