[Federal Register: April 25, 2001 (Volume 66, Number 80)]
[Rules and Regulations]               
[Page 20898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 20898]]





48 CFR Chapter 1

Federal Acquisition Regulation; Small Entity Compliance Guide; 
Federal Acquisition Circular 97-27, FAR Case 1999-607, Electronic and 
Information Technology Accessibility

AGENCIES: Department of Defense (DoD), General ServicesAdministration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.


SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator for the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
Section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996 (PublicLaw 104-121). It consists of a summary of the rule 
appearing in Federal Acquisition Circular (FAC) 97-27 which amends the 
FAR. A regulatory flexibility analysis has been prepared in accordance 
with 5 U.S.C. 604. Interested parties may obtain further information 
regarding this rule by referring to FAC 97-27 which precedes this 
document. This document is also available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202) 
501-4225. For clarification of content, contact Ms. Linda Nelson, 
Procurement Analyst, General Services Administration, at (202) 501-

Electronic and Information Technology Accessibility (FAR Case 1999-

    The final rule amends the FAR to implement Section 508 of the 
Rehabilitation Act of 1973. Subsection 508(a)(3) requires the FAR to be 
revised to incorporate standards developed by the Architectural and 
Transportation Barriers Compliance Board (also referred to as the 
Access Board). The final rule amends the FAR by--
     Including the definition of the term ``electronic and 
information technology'', a term created by the statute;
     Incorporating the EIT Standards in acquisition planning, 
market research, and when describing agency needs; and
     Adding a new Subpart 39.2.
    The requiring official must identify which standards would apply to 
the procurement, using the Access Board's EIT Accessibility Standards 
at 36 CFR part 1194. Then the requiring official must perform market 
research to determine the availability of compliant products and 
services; vendor websites and the GSA section 508 website would be 
helpful here. The requiring official must then identify which 
standards, if any, would not apply in this procurement because of, 
e.g., nonavailability (39.203) or undue burden (39.204(e)). Technical 
specifications and minimum requirements would be developed based on the 
market research results and agency needs. This information would be 
submitted with the purchase request. The solicitation would then be 
drafted, or task order or delivery order would be placed. Proposal 
evaluation may yield additional information that could require 
reconsideration of the need for an exception.
    Exception determinations are not required for award of underlying 
indefinite-quantity contracts, except for requirements that are to be 
satisfied by initial award. Accordingly, indefinite-quantity contracts 
may include noncompliant items; however, any task or delivery order 
issued for noncompliant items must meet an applicable exception.

    Dated: April 20, 2001.
Al Matera,
Director, Federal Acquisition Policy Division.
[FR Doc. 01-10409 Filed 4-24-01; 8:45 am]