[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR39.203]



[Page 771-772]

 

            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



[[Page 772]]



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 cannot be met, and provide documentation to the 

contracting officer for inclusion in the contract file.