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36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM

See also: Final Rule published to the Federal Register 1/18/17 that jointly updates requirements for ICT covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act.

E202.6 Best Meets.

Where ICT conforming to one or more requirements in the 508 Standards is not commercially available, the agency shall procure the product that best meets the 508 Standards consistent with the agency’s business needs.

Advisory E202.6 Best Meets. This exception only applies when a product meeting the provisions of this document is not commercially available. This document does not require agencies to procure ICT that is not needed by the agencies to perform their mission.

E202.6.1 Required Documentation.

The responsible agency official shall document in writing: (a) the nonavailability of conforming ICT, including a description of market research performed and which provisions cannot be met, and (b) the basis for determining that the ICT to be procured best meets the requirements in the 508 Standards consistent with the agency’s business needs.

Advisory E202.6.1 Required Documentation. The Federal Acquisition Regulation (FAR) sets forth the documentation requirements for a determination of commercial non-availability by federal agencies subject to 508 requirements.

E202.6.2 Alternative Means.

Where ICT that fully conforms to the 508 Standards is not commercially available, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.

Advisory E202.6.2 Alternative Means. Nothing in this document obviates or limits the requirements of other sections of the Rehabilitation Act of 1973, as amended. An agency still may still have a duty under Sections 501 and 504 to provide access to information and data to individuals with disabilities. Some individuals may require accommodations even when using ICT that fully conforms to the provisions of this document.

Source: 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM by U.S. Access Board - published 02/27/2015

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