Section 508 requires the federal government to buy "electronic and information technology" (EIT) for use by federal employees who are disabled in the performance of their jobs, and to permit citizens with disabilities to access and use information and data provided by an agency to the public at large.
Assume for now that many AV products are considered EIT by the government. (For a definition of EIT, see the previous article.) Also assume that the AV EIT goods are commercial products, as defined in FAR 2.101. What does a contractor have to do to sell its products in compliance with Section 508? What does an agency have to do to comply with its duties under Section 508?
Contractor. A contractor's responsibility under Section 508 is primarily informational. Specifically, a contractor should inform the agency which of the contractor's products are compliant with which of the technical standards possibly applicable to a procurement covered by Section 508. This allows the agency to conduct its market research obligation by reviewing available information concerning which products are compliant with what technical standards of Section 508.
This informational responsibility is not only in a contractor's best interest, it's also becoming a requirement. The most recent version of the Group 70 GSA Information Technology Schedule mandates that a contractor make information about the Section 508 compliancy of its products available on the contractor's Web site or other location.
For a contractor to determine whether its products are Section 508 compliant, a contractor must compare the features of its EIT products to the standards found at www.section508.gov. The technical standards are divided into six categories: software applications and operating systems, Web-based intranet and Internet information and systems, telecommunication products, video and multimedia products, self contained closed products, and desktop and portable computers. Each of these categories has certain accessibility standards associated with it relating to the visual, hearing, and physical mobility needs of persons who are challenged by disabilities. If a contractor's products don't fall into one or more of these categories, then the catch-all Functional Performance Criteria standard applies.
It's important to note what a contractor is not required to do under Section 508, even if asked by an agency's procurement officers. A contractor is not required to certify that its products are Section 508 compliant. It's the agency's duty, not the contractor's, to effect compliance with Section 508.
Agency
Section 508 requires a federal agency either to procure EIT that meets applicable standards for visually, aurally, and physically challenged persons or to justify why the agency did not procure EIT compliant with the requirements of Section 508. Here's what the agency is supposed to do to effect Section 508 compliance.
Does Section 508 Apply?
As a preliminary step in every procurement of EIT, the agency procurement official is first required to determine whether the requirements of Section 508 apply to the procurement. As noted below, there are several exceptions to the application of Section 508 that may exempt a particular procurement from coverage.
Which Category of Standards Applies?
If the procuring official determines that Section 508 applies, then he must identify the specific category or categories of technical provisions that apply to the particular item being purchased. That is, the procuring official must decide which of the six categories of technical provisions, or the catch-all Functional Performance Criteria, applies to the procurement.
Which Technical Provisions Apply?
If the procuring official determines that a certain category of technical provisions, such as Closed Systems, applies to the procurement, then he must identify the specific technical provisions within that category that apply to the particular item being purchased. For example, in the procurement of a CCTV system, the procuring official may decide that only the technical provisions applicable to the use of Closed Systems by physically challenged persons applies to the procurement, and that the technical standards for visual and aural disabilities are inapplicable.
What Does Market Research Show?
The next step in the process requires the procurement official to determine whether any products that meet the identified applicable standards are commercially available. Agency officials should ascertain commercial availability by conducting market research and primarily rely on vendors' self-representations concerning their products' conformity with the requirements of Section 508.
What Exceptions to Section 508, If Any, Apply?
An agency may justify its acquisition of EIT that is not compliant with the requirements of Section 508 based on several exceptions. These are:
National Security
National security systems are exempt from the requirements of Section 508.
Maintenance Inaccessibility
Products located in spaces primarily used by maintenance and service personnel are exempt from coverage.
Micropurchases
Procurements by government purchase cards of electronic under the micropurchase threshold of $2,500.
Non-availability
An agency is required to purchase a commercial item that conforms to the Section 508 standards only if such a product is
commercially available or will be available within the time required by the agency. The agency should provide written documentation of
non-availability, including the market research that was performed and which standards cannot be met.
Undue Burden
Compliance with Section 508 isn't required if the agency determines that it would pose an undue burden on the agency, which is defined as "significant difficulty or expense." Included as an undue burden is the "fundamental alteration" exemption, which states that a product isn't required to conform to a specific technical standard when to do so would require a "fundamental alteration" of the nature of product or its components.
Part Two
