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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
2 The applicable ICT accessibility standards see subpart 39.2; and 3 Any ICT accessibility standards that cannot be met due to an exception or an exemption for any component or portion of the product see 7.105b5iv, 39.204, and 39.205.

PART 12ACQUISITION OF
COMMERCIAL ITEMS
7. Amend section 12.202 by revising paragraph d to read as follows:

12.202 Market research and description of agency need.

d Requirements documents shall identify the applicable information and communication technology accessibility standards at 36 CFR 1194.1 see 11.002f and subpart 39.2.

8. Amend section 39.000 by revising paragraph b to read as follows:

Scope of part.

b Information and communication technology see 2.101b.
9. Revise section 39.001 to read as follows:
Applicability.

This part applies to the acquisition of a Information technology by or for the use of agencies except for acquisitions of information technology for national security systems. However, acquisitions of information technology for national security systems shall be conducted in accordance with 40 U.S.C.
11302 with regard to requirements for performance and results-based management; the role of the agency Chief Information Officer in acquisitions; and accountability. These requirements are addressed in OMB
Circular No. A130; and b Information and communication technology by or for the use of agencies or for the use of the public, unless an exception see 39.204 or an exemption see 39.205 applies. See 36 CFR 1194.1.
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39.101

Amended
10. In section 39.101 amend paragraph a1i by removing the word accommodations and adding the word accessibility in its place.
11. Revise subpart 39.2 heading to read as follows:

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12. Amend section 39.201 by a. Revising paragraph a; and b. Removing from paragraph c introductory text the term EIT and adding the term ICT in its place.
The revision reads as follows:
Scope of subpart.

a This subpart implements section 508 of the Rehabilitation Act of 1973 29
U.S.C. 794d, and the Architectural and Transportation Barriers Compliance Boards U.S. Access Board information and communication technology ICT
accessibility standards at 36 CFR
1194.1.

13. Revise sections 39.203 and 39.204, and add section 39.205 to read as follows:
39.203

PART 39ACQUISITION OF
INFORMATION TECHNOLOGY

39.001

39.201

39.000

Subpart 39.2Information and Communication Technology
Applicability.

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 indefinitequantity 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., vendors 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 indefinitequantity 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 items. When acquiring commercial items, 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 agencys needs, but see 39.205a3.
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
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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.
794d, 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.
39.204

Exceptions.

a The requirements in 39.203 do not apply to acquisitions for 1 National security systems. ICT
operated by agencies as part of a national security system, as defined by 40 U.S.C. 11103a;
2 Incidental contract items. ICT
acquired by a contractor incidental to a contract, i.e., for in-house use by the contractor to perform the contract; or 3 Maintenance or monitoring spaces.
The portions of ICT that are operable parts i.e., hardware-based user controls for activating, deactivating, or adjusting ICT or status indicators, and that are located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment.
b The contracting officer shall receive, as a part of the requirements documentation, written confirmation from the requiring activity that an exception, in accordance with paragraph a1, 2, or 3 of this section, applies to the ICT supply or service see 7.105b5iv. This documentation shall be maintained in the contract file.
39.205

Exemptions.

a Allowable exemptions. An agency may grant an exemption for the following:
1 Undue burden. When an agency determines the acquisition of ICT
conforming with all the applicable ICT
accessibility standards would impose an undue burden on the agency, compliance with the ICT accessibility standards is only required to the extent that it would not impose an undue burden. In determining whether conformance to one or more ICT
accessibility standards would impose an undue burden, an agency shall consider the extent to which conformance would impose significant difficulty or expense considering the agency resources
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