39.205
Exemptions
FAR 39.205 allows agencies to exempt ICT acquisitions from full accessibility compliance under specific conditions, but requires thorough documentation and alternative access for individuals with disabilities.
Overview
FAR 39.205 outlines the specific exemptions agencies may apply when acquiring Information and Communication Technology (ICT) that cannot fully comply with accessibility standards. It details the allowable exemptions—undue burden, fundamental alteration, and nonavailability of conforming commercial products or services—and prescribes the required documentation and alternative access obligations when such exemptions are used. The section ensures agencies balance accessibility requirements with practical limitations, while still providing alternative means of access for individuals with disabilities.
Key Rules
- Allowable Exemptions
- Agencies may exempt ICT acquisitions from full accessibility compliance if it would cause undue burden, fundamentally alter the product/service, or if no fully conforming commercial products/services are available.
- Alternative Means of Access
- When an exemption is granted, agencies must provide alternative access to information and data for individuals with disabilities.
- Documentation Requirements
- Written determinations justifying the exemption must be obtained and maintained in the contract file, detailing the basis for the exemption and, for nonavailability, the market research and rationale.
Responsibilities
- Contracting Officers: Must ensure proper documentation for exemptions is obtained and kept in the contract file.
- Contractors: Should be aware of exemption criteria and be prepared to support agencies in providing alternative access solutions.
- Agencies: Must conduct and document market research, justify exemptions, and ensure alternative access is provided when exemptions are used.
Practical Implications
- This section provides a structured process for agencies to follow when full ICT accessibility compliance is not feasible, ensuring transparency and accountability.
- Contractors should anticipate requests for alternative access solutions and be prepared to assist with documentation or market research.
- Common pitfalls include inadequate documentation or failure to provide alternative access, which can result in compliance issues or challenges during audits.