[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR39.203]

[Page 747-748]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 39_ACQUISITION OF INFORMATION TECHNOLOGY--Table of Contents
 
           Subpart 39.2_Electronic and Information Technology
 
Sec.  39.203  Applicability.

    (a) Unless an exception at 39.204 applies, acquisitions of EIT 
supplies and services must meet the applicable accessibility standards 
at 36 CFR part 1194.
    (b)(1) Exception determinations are required prior to contract 
award, except for indefinite-quantity contracts (see paragraph (b)(2) of 
this section).
    (2) Exception determinations are not required prior to award of 
indefinite-quantity contracts, except for requirements that are to be 
satisfied by initial award. Contracting offices that award indefinite-
quantity contracts must indicate to requiring and ordering activities 
which supplies and services the contractor indicates as compliant, and 
show where full details of compliance can be found (e.g., vendor's or 
other exact website location).
    (3) Requiring and ordering activities must ensure supplies or 
services meet the applicable accessibility standards at 36 CFR part 
1194, unless an exception applies, at the time of issuance of task or 
delivery orders. Accordingly, indefinite-quantity contracts may include 
noncompliant items; however, any task or delivery order issued for 
noncompliant items must meet an applicable exception.
    (c)(1) When acquiring commercial items, an agency must comply with 
those accessibility standards that can be met with supplies or services 
that are available in the commercial marketplace in time to meet the 
agency's delivery requirements.
    (2) The requiring official must document in writing the 
nonavailability, including a description of market research performed 
and which standards

[[Page 748]]

cannot be met, and provide documentation to the contracting officer for 
inclusion in the contract file.