FAR 39.203—Applicability.
Plain-English Summary
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.
Key Rules
General accessibility requirement
Unless an exception under 39.204 or an exemption under 39.205 applies, acquisitions of ICT supplies and services must meet the applicable accessibility standards in 36 CFR 1194.1. This is the default rule for ICT buys and is the starting point for every acquisition analysis.
Indefinite-quantity contracts
For indefinite-quantity contracts, the agency does not need to confirm an exception or exemption before award, except for requirements that will be satisfied by the initial award. The contract must identify which supplies and services the contractor represents as compliant and must show where the full compliance details can be found, such as a vendor website or other exact location.
Order-level compliance review
At the time a task order or delivery order is issued under an indefinite-quantity contract, the requiring and ordering activities must ensure the ICT accessibility standards are met and document any applicable exception or exemption. Any order, or portion of an order, for a noncompliant ICT item must be supported by the proper documented exception or exemption from the requiring activity.
Commercial marketplace limitation
When buying commercial products and commercial services, the agency must comply with those ICT accessibility standards that can be met using supplies or services available in the commercial marketplace and that best meet the agency's needs. This rule recognizes market availability, but it does not eliminate the accessibility obligation.
Legacy ICT grandfathering
Existing ICT procured, maintained, or used on or before January 18, 2018 does not have to meet the current ICT accessibility standards if it complied with the earlier Section 508 standard in Appendix D to 36 CFR 1194.1 and has not been altered after January 18, 2018 in a way that affects interoperability, the user interface, or access to information or data.
Alterations trigger current standards
If any component or portion of legacy ICT is altered after January 18, 2018, that altered component or portion must be modified to conform to the current ICT accessibility standards in 36 CFR 1194.1. The grandfathered status of legacy ICT does not protect post-2018 changes that affect accessibility-related functions.
Responsibilities
Contracting Officer
Ensure ICT acquisitions are evaluated for accessibility compliance, exceptions, and exemptions; include the required compliance identification in indefinite-quantity contracts; and make sure orders under those contracts are supported by the proper documentation when noncompliant items are acquired.
Requiring Activity
Determine whether the ICT requirement meets the accessibility standards, identify any needed exception or exemption, and document the basis for any noncompliant ICT item before the order is issued.
Ordering Activity
At task order or delivery order issuance, verify that the ICT requirement complies with the standards or is properly supported by a documented exception or exemption, and avoid issuing orders for noncompliant items without the required support.
Agency
Apply the accessibility standards to ICT acquisitions, use the commercial-marketplace rule appropriately, and maintain compliance processes for legacy ICT and altered legacy ICT.
Contractor
Identify which offered supplies and services are compliant, provide accurate compliance details and locations for verification, and support contract/order performance consistent with the accessibility representations made.
Practical Implications
This section makes accessibility a procurement planning issue, not just a post-award compliance issue, so teams should evaluate ICT requirements early.
For indefinite-quantity contracts, the base contract may be awarded before every accessibility question is resolved, but the order level still must be checked carefully.
A common pitfall is assuming commercial availability excuses accessibility gaps; the rule only requires compliance to the extent standards can be met with commercially available offerings that best fit the agency's needs.
Legacy ICT is not automatically exempt forever: if it was altered after January 18, 2018 in a way that affects interoperability, the user interface, or access to data, the altered portion must meet current standards.
Documentation matters: if an exception or exemption applies, the file should clearly show the basis, because noncompliant ICT items cannot be ordered without proper support.
Official Regulatory Text
(a) General . Unless an exception at 39.204 or an exemption at 39.205 applies, acquisitions for ICT supplies and services shall meet the applicable ICT accessibility standards at 36 CFR 1194.1 . (b) Indefinite-quantity contracts. Confirmation of an exception or a determination of an exemption is not required prior to award of an indefinite-quantity contract, except for requirements that are to be satisfied by initial award. The contract must identify 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). (c) Task order or delivery order. At the time of issuance of a task order or delivery order under an indefinite-quantity contract, the requiring and ordering activities shall ensure compliance with the ICT accessibility standards and document an exception or exemption if applicable. Any task order or delivery order, or portion thereof, issued for a noncompliant ICT item shall be supported by the appropriate exception or exemption documented by the requiring activity. (d) Commercial products and commercial services. When acquiring commercial products and commercial services, an agency must comply with those ICT accessibility standards that can be met with supplies or services that are available in the commercial marketplace and that best address the agency's needs, but see 39.205 (a)(3). (e) Legacy ICT. Any component or portion of existing ICT ( i.e. , ICT that was procured, maintained, or used on or before January 18, 2018) is not required to comply with the current ICT accessibility standards if it— (1) Complies with an earlier standard issued pursuant to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 d), which is set forth in Appendix D to 36 CFR 1194.1 ); and (2) Has not been altered ( i.e. , a change that affects interoperability, the user interface, or access to information or data) after January 18, 2018. (f) Alterations of legacy ICT. When altering any component or portion of existing ICT, after January 18, 2018, the component or portion must be modified to conform to the current ICT accessibility standards in 36 CFR 1194.1 .