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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations are small businesses. As a result of incorporating the updated accessibility standards, the monetized costs and benefits in the Final Regulatory Impact Analysis, which accompanied the U.S. Access Boards Final ICT Rule, are now realized at the Federal contract level for small businesses.
However, there are unquantifiable impacts at the Federal contract level for small businesses in the final rule. For instance, small businesses will have to analyze whether the ICT they or their resellers plan to sell to the Federal Government complies with the revised 508 accessibility standards.
Manufacturers may want to redesign their supplies and services to make them fully compliant, to have a better chance for their items to be purchased by the Government.
The final rule may decrease demand for some supplies and services that are not fully compliant, potentially leading to decreased sales for small entities manufacturing or selling those items. Conversely, the final rule may increase demand for some supplies and services that are fully compliant and meet agencies business needs, potentially leading to increased sales for small businesses manufacturing or selling those items. To meet the requirements of the law, small businesses cannot be exempt from any part of the rule.
This rule does not include any new reporting or recordkeeping requirements.
There is a compliance requirement; entities will need to familiarize themselves with the differences between the 2000 and 2017
standards in order to assess the impact on procurements and comply with the revised functional performance criteria and technical accessibility standards beyond those currently mandated in FAR subpart 39.2.
There are no known significant alternatives to the rule for effective implementation of this statutory requirement. Since the statute imposes private enforcement, where individuals with disabilities can file civil rights lawsuits, the Government has little flexibility in promulgating alternatives to the Access Boards standards. The impact of this rule may be significant for small entities that are not currently in compliance with existing standards.

Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat Division. The Regulatory Secretariat Division has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration.

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VIII. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act 44 U.S.C.
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List of Subjects in 48 CFR Parts 2, 7, 10, 11, 12, and 39
Government procurement.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 7, 10, 11, 12, and 39 as set forth below:
1. The authority citation for 48 CFR
parts 2, 7, 10, 11, 12, and 39 continues to read as follows:
Authority: 40 U.S.C. 121c; 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.

PART 2DEFINITIONS OF WORDS
AND TERMS
2. In section 2.101, amend paragraph b2 by a. Removing the definition Electronic and information technology EIT; and b. Adding in alphabetical order the definition Information and communication technology ICT to read as follows:

2.101

Definitions.

b
2
Information and communication technology ICT means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT
include but are not limited to the following: Computers and peripheral equipment; information kiosks and transaction machines;
telecommunications equipment;
customer premises equipment;
multifunction office machines; software;
applications; websites; videos; and electronic documents.

PART 7ACQUISITION PLANNING
3. Amend section 7.103 by revising paragraph q to read as follows:

7.103

Agency-head responsibilities.

q Ensuring that acquisition planners specify needs and develop plans, drawings, work statements, specifications, or other product or service requirements e.g., help desks, call centers, training services, and automated self-service technical support descriptions that address information and communication
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technology ICT accessibility standards see 36 CFR 1194.1 in proposed acquisitions and that these standards are included in requirements planning see subpart 39.2.

4. Amend section 7.105 by redesignating paragraph b5iv as paragraph b5v and adding a new paragraph b5iv to read as follows.
7.105 Contents of written acquisition plans.

b
5
iv For information technology acquisitions, identify the applicable ICT
accessibility standards. When an exception or an exemption to the standards applies, the plan must list the exception and/or exemption, and the items to which it applies. For those items listing 39.204 or 39.205a1 or 2, the corresponding accessibility standard does not need to be identified.
See subpart 39.2 and 36 CFR 1194.1.

PART 10MARKET RESEARCH
5. Amend section 10.001 by revising paragraph a3ix to read as follows:

10.001

Policy.

a
3
ix Assess the availability of supplies or services that meet all or part of the applicable information and communication technology accessibility standards at 36 CFR 1194.1 see subpart 39.2.

PART 11DESCRIBING AGENCY
NEEDS
6. Amend section 11.002 by revising paragraph f to read as follows:

11.002

Policy.

f In accordance with section 508 of the Rehabilitation Act of 1973 29 U.S.C.
794d, the contracting officer shall obtain from the requiring activity the requirement documents, which must identify 1 The needs of current and future users with disabilities to determine how i Users with disabilities will perform the functions supported by the information and communication technology ICT;
ii The ICT will be developed, installed, configured and maintained to support users with disabilities;

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