Section 508 of the Rehabilitation Act - Frequently Asked Questions

B.5.i. - What is nonavailability?

Nonavailability refers to circumstances where no commercial items are available that meet the applicable Access Board’s technical provisions (directly or through equivalent facilitation) in time to satisfy the agency’s delivery requirements. If products are available that meet some, but not all, applicable provisions, agencies cannot claim a product as a whole is nonavailable just because it does not meet all of the applicable technical provisions. The requiring official must document nonavailability in writing. See FAR 39.203(c) and 36 CFR 1194.2(b). See section F below for additional discussion.