FAR 39.2—Subpart 39.2

Scope of subpart.

FAR 39.201 explains the scope and purpose of Subpart 39.2, which governs accessibility requirements for information and communication technology (ICT) acquired by federal agencies. It states that the subpart implements Section 508 of the Rehabilitation Act and the U.S. Access Board’s ICT accessibility standards at 36 CFR part 1194, tying federal procurement directly to accessibility law and technical standards. The section also points readers to Section508.gov for additional guidance. In practical terms, this means agencies must consider accessibility whenever they buy ICT, not as an afterthought but as a core acquisition requirement. The section’s central policy goal is to ensure that both federal employees with disabilities and members of the public with disabilities can access and use information and data in a manner comparable to people without disabilities. This makes accessibility a procurement and compliance issue that affects requirements definition, market research, solicitation language, evaluation, and contract performance.

Definition.

FAR 39.202 provides the definition of the term "undue burden" for use in this subpart on information and communication technology accessibility. It states that undue burden means a significant difficulty or expense. This definition matters because it sets the threshold for when an agency may determine that meeting a particular accessibility requirement would be too difficult or costly in a specific circumstance. In practice, the term is not a general excuse to avoid compliance; it is a narrow standard that must be applied to the particular requirement, the specific acquisition, and the actual facts of the situation. Contracting officers, program officials, and accessibility reviewers use this definition when evaluating whether an exception or limitation is justified, and contractors should understand it because it affects how accessibility requirements are assessed, documented, and enforced.

Applicability.

FAR 39.203 explains when federal acquisitions of information and communication technology (ICT) must meet the accessibility standards in 36 CFR 1194.1, and how those requirements apply in different contracting situations. It covers the general rule for ICT supplies and services, the treatment of indefinite-quantity contracts, the special timing rules for task orders and delivery orders, the standard for commercial products and commercial services, and the rules for legacy ICT and later alterations to legacy ICT. The section exists to ensure agencies buy and use ICT that is accessible to people with disabilities, while also recognizing limited exceptions and exemptions in specific circumstances. In practice, it tells contracting officers, requiring activities, and ordering activities when accessibility must be addressed, when documentation is needed, and when older systems may remain in use without meeting current standards. It is especially important for multi-award and indefinite-delivery contracting, where compliance may be confirmed at the order level rather than at the base contract level. It also helps agencies distinguish between new procurements, commercial market offerings, and existing legacy systems that were already in place before January 18, 2018.

Exceptions.

FAR 39.204 identifies the limited exceptions to the ICT accessibility requirements in FAR 39.203 and explains when those requirements do not apply. It covers three exception categories: ICT used as part of a national security system, ICT acquired by a contractor only for its own in-house use to perform a contract (incidental contract items), and certain operable parts or status indicators located in maintenance, repair, or occasional monitoring spaces used only by service personnel. The section also requires the contracting officer to obtain written confirmation from the requiring activity that one of these exceptions applies, and to keep that documentation in the contract file. In practice, this means agencies cannot simply assume an ICT acquisition is exempt; the exception must be identified, justified, and documented before award or inclusion in the file. The rule helps preserve the accessibility policy in FAR 39.203 while allowing narrow carve-outs where the policy is not intended to apply.

Exemptions.

FAR 39.205 explains when an agency may lawfully depart from full compliance with ICT accessibility standards and what must happen when it does. It covers three allowable exemptions: undue burden, fundamental alteration, and nonavailability of conforming commercial products or commercial services. It also requires agencies to provide an alternative means of access for individuals with disabilities when an exemption applies, so accessibility is preserved to the maximum extent possible. In addition, it imposes documentation requirements: the contracting officer must obtain a written determination from the requiring activity and keep it in the contract file. For nonavailability determinations, the documentation must show the market research performed, the requirements that cannot be met, and why the selected ICT best meets the standards consistent with agency needs. Practically, this section is the control point for making sure accessibility exceptions are justified, limited, and traceable in the procurement record.