June 21, 2001

ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY

PURPOSE: To provide guidance on implementation of Federal Acquisition Circular (FAC)97-27, Electronic and Information Technology (EIT) Accessibility.

BACKGROUND:

1. The Workforce Investment Act of 1998 (the Act) amended section 508 of the Rehabilitation Act of 1973 to require that --

a. When developing, procuring, maintaining or using EIT, agencies must ensure that employees with disabilities have access to and use of information and data that is comparable to that for other employees; and

b. Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to that for members of the public without disabilities.

2. To further those ends, the Act also required that --

a. The Architectural and Transportation Barriers Compliance Board (Access Board) publish EIT accessibility standards; and

b. The FAR be revised to ensure procurements of EIT comply with the Access Board’s standards.

3. The Access Board’s final standards were codified in 36 CFR part 1194 on April 25, 2001. FAC 97-27 implements these standards, effective June 25, 2001.

4. FAC 97-27 applicability.

a. FAC 97-27 applies to procurements of EIT --

i. On contracts, other than indefinite-quantity contracts, awarded on or after June 25, 2001; and

ii. On task or delivery orders issued on or after June 25, 2001, regardless of
the award date of the underlying indefinite-quantity contract.

iii. Existing solicitations for EIT that will result in award on or after June 25
must be assessed to determine applicability of the Access Board standards
and amended as necessary.

b. FAC 97-27 does not apply to –

i. EIT ordered prior to June 25, 2001, regardless of delivery date;

ii. Exercise of options on contracts awarded before June 25, 2001;

iii. The award of indefinite-quantity contracts (but it does apply to orders
under those contracts); or

iv. In-scope modifications of contracts awarded before June 25, 2001.

c. FAR 39.203(c)(1) and 39.204(a)-(e) provide limited exceptions to the requirement
for EIT procurements to be compliant with the Access Board standards.

GUIDANCE:

1. Explanation of FAC 97-27 and information on NASA’s implementation of it are provided in Enclosure 1, FAC 97-27 Implementation Q&As.

2. Center requirements offices must complete market research documentation on all purchases of EIT other than micro-purchases made under FAR Subpart 13.2. Use the market research template provided at Enclosure 2. This template is in addition to any other market research
documentation that the center may routinely use.

3. In accordance with FAR 39.203(b)(2), contracting officers for indefinite-quantity contracts that include EIT must indicate to requiring and ordering offices which EIT supplies and services the contractor indicates are compliant and show where the details of compliance can be found.
The template at enclosure 3 may be used to request this information from the contractor.

EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until canceled or superseded.

HEADQUARTERS CONTACT:
For procurement issues:

Ken Stepka,
Code HC, (202) 358-0492,
email ken.stepka@hq.nasa.gov.

For technical issues:

Bob Benedict,
(202) 358-1475,
email rbenedic@mail.hq.nasa.gov

R. Scott Thompson
Director, Contract Management Division

Go to PIC 01-13 Enclosure 1

Go to PIC 01-13 Enclosure 2

Go to PIC 01-13 Enclosure 3