[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1194.2]

[Page 530-531]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1194--ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY STANDARDS--
Table of Contents
 
                           Subpart A--General
 
Sec. 1194.2  Application.

    (a) Products covered by this part shall comply with all applicable 
provisions of this part. When developing, procuring, maintaining, or 
using electronic and information technology, each agency shall ensure 
that the products comply with the applicable provisions of this part, 
unless an undue burden would be imposed on the agency.
    (1) When compliance with the provisions of this part imposes an 
undue burden, agencies shall provide individuals with disabilities with 
the information and data involved by an alternative means of access that 
allows the individual to use the information and data.
    (2) When procuring a product, if an agency determines that 
compliance with any provision of this part imposes an undue burden, the 
documentation by the agency supporting the procurement shall explain 
why, and to what extent, compliance with each such provision creates an 
undue burden.
    (b) When procuring a product, each agency shall procure products 
which comply with the provisions in this part when such products are 
available in the commercial marketplace or when such products are 
developed in response to a Government solicitation. Agencies cannot 
claim a product as a whole is not commercially available because no 
product in the marketplace meets all the standards. If products are 
commercially available that meet some but not all of the standards, the 
agency must procure the product that best meets the standards.

[[Page 531]]

    (c) Except as provided by Sec. 1194.3(b), this part applies to 
electronic and information technology developed, procured, maintained, 
or used by agencies directly or used by a contractor under a contract 
with an agency which requires the use of such product, or requires the 
use, to a significant extent, of such product in the performance of a 
service or the furnishing of a product.