Law / United States

Federal Acquisition Regulation subpart 39.2, accessibility of information and communication technology bought by federal agencies

48 CFR 39.201 to 39.205; 36 CFR part 1194

In force.

A procurement conditions rule binding public and private bodies.

Conformance standard
WCAG 2.0 AA, US Section 508 standards

As of .

What it requires

  • If you sell information and communication technology (ICT) supplies or services to a federal agency, the acquisition must meet the applicable ICT accessibility standards at 36 CFR 1194.1 unless an exception or exemption applies (48 CFR 39.203(a)).
  • Under an indefinite-quantity contract, identify which of the supplies and services you indicate as compliant and show where full details of compliance can be found, such as your website location (48 CFR 39.203(b)).
  • Under the Revised 508 Standards, electronic content you supply must conform to the Level A and Level AA success criteria of WCAG 2.0, and a document that is not a Web page is exempt from four named criteria (36 CFR part 1194, appendix A, E205.4).
  • For commercial products and commercial services, the agency applies the ICT accessibility standards that can be met with what is available in the commercial marketplace and that best address its needs (48 CFR 39.203(d)).
  • ICT you acquire incidental to a contract, for your own in-house use to perform it, is excepted from these requirements (48 CFR 39.204(a)(2)).

These lines are LexLint's reading of the law's text, as of .

What this law does

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Research summary

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Subpart 39.2 of the Federal Acquisition Regulation implements section 508 of the Rehabilitation Act and the Access Board's information and communication technology accessibility standards at 36 CFR 1194.1. Unless an exception or exemption applies, acquisitions for ICT supplies and services shall meet the applicable ICT accessibility standards.

Under an indefinite-quantity contract, the contract must identify which supplies and services the contractor indicates as compliant and show where full details of compliance can be found. When acquiring commercial products and commercial services, an agency must comply with those ICT accessibility standards that can be met with supplies or services available in the commercial marketplace and that best address the agency's needs.

The requirements do not apply to ICT acquired by a contractor incidental to a contract, meaning ICT for the contractor's in-house use to perform the contract. Under the Revised 508 Standards, electronic content shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.

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