Section 508 of the Rehabilitation Act - Frequently Asked Questions

C.2. - If EIT is acquired through another agency’s contract, which agency is responsible for Section 508 compliance?

The requiring agency (i.e., the agency with the need for EIT) is responsible for ensuring that the acquisition complies with Section 508. See FAR 39.203(b)(3). This responsibility remains with the requiring agency irrespective of the vehicle used to complete the transaction -- e.g., the requiring activity has this responsibility when its agency is acquiring EIT under a multi-agency contract pursuant to the Economy Act procedures under FAR Subpart 17.5, a government-wide acquisition contract (a so-called "GWAC"), or GSA’s Federal Supply Schedules.

This notwithstanding, contracting offices that award indefinite-quantity (IDIQ) contracts (such as those mentioned above) also have responsibilities. They must inform the requiring and ordering activities of the requiring agency which supplies and services the contractors indicate meet (either fully or partially) the applicable technical provisions of the Access Board’s standards. They must also provide the source of vendor information regarding Section 508 (e.g., the vendor’s or other exact web site location). See FAR 39.203(b)(2) (which imposes this requirement on all contracting offices that award IDIQ contracts). In addition, if the servicing agency places the order on the requiring agency’s behalf, the servicing agency needs to take necessary management steps before placing the order to ensure that the requiring activity (its customer) has appropriately considered its Section 508 obligations with regard to that order.