FAR 39.201—Scope of subpart.
Plain-English Summary
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.
Key Rules
Section 508 Implementation
This subpart implements Section 508 of the Rehabilitation Act, so its requirements are not optional policy preferences but a regulatory mechanism for carrying out a statutory mandate. Agencies must follow the subpart when acquiring ICT.
Access Board Standards Apply
The subpart incorporates the U.S. Access Board’s ICT accessibility standards at 36 CFR 1194.1. In practice, agencies must align acquisitions with those technical accessibility standards when specifying, evaluating, and accepting ICT.
Comparable Employee Access
When acquiring ICT, agencies must ensure federal employees with disabilities have access to and use of information and data that is comparable to the access and use available to employees without disabilities. The standard is comparability, not merely minimal or partial access.
Comparable Public Access
Agencies must also ensure that members of the public with disabilities seeking information or services from an agency have comparable access to and use of information and data. This applies to public-facing ICT used to deliver agency information or services.
Guidance Resource Available
The section identifies Section508.gov as an information resource. While not itself a legal requirement, it signals where agencies and contractors can find implementation guidance, tools, and supporting materials.
Responsibilities
Agencies
When acquiring ICT, agencies must ensure the acquisition supports accessibility for both federal employees with disabilities and members of the public with disabilities, consistent with Section 508 and the Access Board standards.
Contracting Officers
Contracting officers must structure ICT acquisitions to reflect accessibility requirements, including incorporating applicable standards and ensuring the procurement supports comparable access before award and acceptance.
Program/Requirement Owners
Program and technical personnel must define ICT needs in a way that accounts for accessibility from the outset and supports compliance with the applicable standards.
Contractors
Contractors providing ICT to the government must deliver products or services that meet the accessibility requirements identified in the solicitation and contract, and support the agency’s compliance obligations.
Federal Employees with Disabilities
This group is the intended beneficiary of the rule; agencies must ensure they can access and use information and data comparably to employees without disabilities.
Members of the Public with Disabilities
This group is also protected by the rule; agencies must ensure public-facing ICT enables comparable access to information and services.
Practical Implications
Accessibility must be addressed early in the acquisition process, not after a product is selected. If requirements are vague or accessibility is omitted from the solicitation, the agency risks buying noncompliant ICT.
The key compliance test is comparable access and use, so agencies should not assume a product is acceptable just because it is partially usable or has a workaround.
Contractors should expect accessibility to be a material requirement in ICT procurements and should be prepared to document how their products or services meet the applicable standards.
A common pitfall is focusing only on employee use and overlooking public-facing systems, portals, forms, and services that must also be accessible.
Section508.gov is a useful implementation resource, but it does not replace the need to follow the actual regulatory and technical standards incorporated by the FAR section.
Official Regulatory Text
(a) This subpart implements section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 d), and the Architectural and Transportation Barriers Compliance Board's (U.S. Access Board) information and communication technology (ICT) accessibility standards at 36 CFR 1194.1 . (b) Further information on Section 508 is available via the Internet at http://www.section508.gov . (c) When acquiring ICT, agencies must ensure that— (1) Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities; and (2) Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities.