As of June 25, 2001, all electronic and information technology products and services purchased by the
Federal government must meet the compliance standards required by Section 508 of the Rehabilitation
Act of 1973, as amended. Items that will be affected by the new compliance standards include telecommunications products, web sites, computers and ancillary equipment, software, services and office equipment such as copiers and fax machines (EIT products and services).
Section 508 mandates that EIT products and services developed, procured, maintained or used by the
Federal government must be accessible to people with disabilities. Although this requirement generally does not apply to contracts existing before the June 25 deadline, it does apply to delivery or task orders issued after June 25 against Indefinite Delivery/Indefinite Quantity contracts (including GSA Schedules and Government-Wide Acquisition Contracts) even though the original contract was awarded before the
June 25 deadline.
In order to ensure accessibility, the Architectural and Transportation Barriers Compliance Board (the
Access Board), an independent Federal agency, has issued compliance standards. These technical standards delineate compliance requirements for the following EIT products and services:
(1) software applications and operating systems;
(2) Web-based intranet and Internet information and applications;
(3) telecommunications products;
(4) video and multimedia products; and
(5) self-contained closed products and desktop portable computers.
There are certain exceptions to the compliance requirements: (1) compliance standards do not apply to micro-purchases, measured at under $2,500, purchased prior to January 1, 2003; (2) compliance is not required for national security systems; (3) Section 508 does not apply to EIT products or services that are
“acquired by a contractor incidental to a contract;” (4) compliance is not required in spaces “frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; ” and (5) compliance standards do not attach to purchases that “would impose an undue burden on the agency.”

Additionally, an agency also may claim a Section 508 compliant item is not commercially available in order to avoid these new requirements. In that event, the agency may acquire EIT products and services that best meet Section 508 standards. Furthermore, alternative designs or technologies to the compliance standards are acceptable provided that they result in substantially equivalent or greater access to and use of a product.
Although Section 508 imposes a burden on the procuring agency to buy compliant EIT products and services, Federal agencies have already begun the process of transferring the burden to contractors to certify product compliance. Companies interested in selling EIT products and services covered by the accessibility regulations to the Federal government are responsible for designing and manufacturing products that meet the Access Board’s technical provisions. Federal agencies and the private sector have been working together to develop a standard template to assist in these compliance determinations.
The questions for manufacturers who wish to continue to sell EIT products or services to the Federal government are: (1) how to apply the standards; and (2) whether, and in what form, to “certify” to the agency that its products or services are Section 508 compliant.
Section 508 is a reality governing all new Federal agency contracts. EIT products and services that do not meet compliance standards or come under an applicable exception can no longer be purchased by
Federal agencies. Companies are already seeking to capitalize on the new regulation, looking to unseat established competitors who do not comply with Section 508 standards.
if your company’s sales of EIT products and services rely on the Federal marketplace,
Section 508 compliance is an absolute imperative for continued business success.
If you have any questions about Section 508 compliance, please contact any one of Preston’s
Government Contracts Group attorneys.
Bill Shook ............................................................................................ billsh@prestongates.com
Dori Gilbert ........................................................................................... dorig@prestongates.com
Elizabeth Fleming .................................................................................. elizabethf@prestongates.com
Kelley Doran ......................................................................................... kelleyd@prestongates.com
Gary Campbell ...................................................................................... garyc@prestongates.com
Disclaimer
This newsletter provides general information about government contract laws. It is not a legal opinion or legal advice. Readers should confer with appropriate legal counsel on the application of law to their own situations. Entire contents copyright 2001 by Preston Gates Ellis &
Rouvelas Meeds LLP. Reproduction of this newsletter in whole or in part without written permission is prohibited.
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