[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]
[DOCID:fr25ap01-11]
[[Page 20898]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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.
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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://
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-
1900.
Electronic and Information Technology Accessibility (FAR Case 1999-
607)
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]
BILLING CODE 6820-EP-P