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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations Administration SBA final rule published at 84 FR 65647, dated November 29, 2019.
Specifically, the final FAR rule at FAR 19.7057 includes examples of a good faith effort to comply with the subcontracting plan, and examples of a failure to make a good faith effort.
Failure to make a good faith effort to comply with the plan may result in assessment of liquidated damages.
Additionally, the final rule amends the FAR to require that prime contractors with a commercial subcontracting plan include indirect costs in their subcontracting goals.
Previously, prime contractors were required to include indirect costs in the summary subcontract report SSR but not in their subcontracting goals, which led to inconsistencies when comparing the SSR to the goals in the commercial subcontracting plan. Including indirect costs in both the SSR and subcontracting goals established in the commercial subcontracting plan will allow for consistency.
Item VTechnical Amendments Editorial changes are made at FAR
42.7091 through 42.7097, 52.2423, and 52.2451.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

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Federal Acquisition Circular FAC
202107 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator of National Aeronautics and Space Administration.
Unless otherwise specified, all Federal Acquisition Regulation FAR
and other directive material contained in FAC 202107 is effective August 11, 2021 except for Items I through V, which are effective September 10, 2021.
John M. Tenaglia, Principal Director, Defense Pricing and Contracting, Department of Defense.
Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration.
Karla Smith Jackson, Assistant Administrator for Procurement, National Aeronautics and Space Administration.
FR Doc. 202116362 Filed 81021; 8:45 am BILLING CODE 6820EPP

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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 10, 11, 12 and 39
FAC 202107; FAR Case 2017011; Item I; Docket No. FAR20170011, Sequence No. 1
RIN 9000AN46

Federal Acquisition Regulation:
Section 508-Based Standards in Information and Communication Technology Department of Defense DoD, General Services Administration GSA, and National Aeronautics and Space Administration NASA.
ACTION: Final rule.
AGENCY:

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation FAR to incorporate recent revisions and updates to accessibility standards issued by the U.S. Access Board.
DATES: Effective September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael O. Jackson, Procurement Analyst, at 2022084949, or by email at michaelo.jackson@gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 2025014755 or GSARegSec@gsa.gov. Please cite FAC
202107, FAR Case 2017011.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background DoD, GSA, and NASA published a proposed rule at 85 FR 17831 on March 31, 2020, to implement the U.S. Access Boards revisions by strengthening FAR
requirements for accessibility to electronic and information technology now generally referred to as information and communication technology or ICT provided by the Federal Government. Among other things, section 508 of the Rehabilitation Act of 1973 mandates that Federal agencies develop, procure, maintain, or use ICT in a manner that ensures that Federal employees with disabilities have comparable access to, and use of, such information and data relative to Federal employees who are not individuals with disabilities. Section 508 also requires Federal agencies to ensure that members of the public with disabilities have comparable access to, and use of, information and data relative
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to members of the public who are not individuals with disabilities.
The Access Board, also known as the Architectural and Transportation Barriers Compliance Board, is tasked with issuing accessibility standards for ICT covered under section 508, and updating these standards periodically to reflect technological changes. The Federal Acquisition Regulatory Council, in turn, is required to revise the FAR to incorporate the Access Boards accessibility standards or any amendments thereto.
In December 2000, the Access Board published its initial set of accessibility standards at 65 FR 80500, December 21, 2000. Thereafter, a final FAR rule was published incorporating the Access Boards accessibility standards at 66 FR
20894 April 25, 2001.
The Access Board completed a multiyear effort to refresh its initial, existing set of accessibility standards under section 508 to address advances in ICT, harmonize with accessibility standards developed by standards organizations worldwide, and ensure consistency with the Access Boards regulations that had been promulgated since the late 1990s. The revised section 508 Accessibility Standards support the access needs of individuals with disabilities, while also considering the costs of procuring ICT that complies with section 508.
The Access Boards final rule was published in the Federal Register at 82
FR 5790 on January 18, 2017. This final rule updates the FAR to ensure that the updated standards are appropriately considered in Federal ICT acquisitions.
The final rule includes a safe harbor provision for existing i.e., legacy ICT, which considers legacy ICT in existence on or before January 18, 2018, to be compliant if it meets the earlier standard issued pursuant to section 508
of the Rehabilitation Act of 1973 see E202.2 of Revised Standards and the legacy ICT is not altered after January 18, 2018. In other words, such untouched ICT need not be modified or upgraded to conform to the revised 508 standards as long as it already conforms to the original 508 standards.
However, ICT acquired on or before January 18, 2018, will need to be upgraded or modified to conform to the new standard if such ICT is altered after January 18, 2018, or does not comply with the original 508 standards. In addition, ICT acquired after January 18, 2018, must be upgraded or modified to conform to the new standard. The upgrades and modifications would be included in requirements documents issued by the agency.

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