E202 General Exceptions

See also: Final Rule published to the Federal Register 1/18/17 that jointly updates requirements for ICT covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act.

E202 General Exceptions

E202.1 General.

ICT shall be exempt from compliance with the 508 Standards to the extent specified by E202.

E202.2 National Security Systems.

The 508 standards do not apply to ICT operated by agencies as part of a national security system, as defined by 40 U.S.C. 11103(a).

Advisory E202.2 National Security Systems. The term National Security System means any telecommunication, or information system operated by the United States government, the function, operation, or use of which involves: intelligence activities; cryptologic activities related to national security; command and control of military forces; equipment that is an integral part of a weapon or weapons system; or systems which are critical to the direct fulfillment of military or intelligence missions. Systems that are critical to the direct fulfillment of military or intelligence missions do not include systems that are used for routine administrative and business applications. Examples of routine administrative and business applications are payroll, finance, logistics, and personnel management applications. Routine administrative and business applications are covered by this document.

E202.3 Federal Contracts.

ICT acquired by a contractor incidental to a contract shall not be required to conform to the 508 Standards.

Advisory E202.3 Federal Contracts. ICT that is incidental to a contract includes materials which are, themselves, not deliverables under the contract. For example, if a contractor is permitted to use money from a contract to acquire a laptop which is used to help create the deliverable for the project, the laptop, itself, is considered incidental to the contract since it is not part of the deliverable.

E202.4 ICT Functions Located in Maintenance or Monitoring Spaces.

Where status indicators and operable parts for ICT functions are located in spaces that are frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment, such status indicators and operable parts shall not be required to conform to the 508 Standards.

Advisory E202.4 Functions Located in Maintenance or Monitoring Spaces. When indicators and operable parts for ICT functions are located in maintenance or monitoring spaces but they are operated remotely, the remote controls or interfaces would also not be permitted this exception unless they are also are located in a maintenance or monitoring space.

E202.5 Undue Burden or Fundamental Alteration.

Where an agency determines in accordance with E202.5 that conformance to requirements in the 508 Standards would impose an undue burden or would result in a fundamental alteration in the nature of the ICT, conformance shall be required only to the extent that it does not impose an undue burden or result in a fundamental alteration in the nature of the ICT.

E202.5.1 Basis for a Determination of Undue Burden.

In determining whether conformance to requirements in the 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would impose significant difficulty or expense considering the agency resources available to the program or component for which the ICT is to be procured, developed, maintained, or used.

E202.5.2 Required Documentation.

The responsible agency official shall document in writing the basis for determining that conformance to requirements in the 508 Standards constitute an undue burden on the agency, or would result in a fundamental alteration in the nature of the ICT. The documentation shall include an explanation of why and to what extent compliance with applicable requirements would create an undue burden or result in a fundamental alteration in the nature of the ICT.

E202.5.3 Alternative Means.

Where conformance to one or more requirements in the 508 Standards imposes an undue burden or a fundamental alteration in the nature of the ICT, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.

Advisory E202.5 Undue Burden or Fundamental Alteration. A determination by an agency that conformance to a particular provision would result in an undue burden or a fundamental alteration in the nature of the ICT does not exempt the ICT in its entirety. The agency is required to ensure conformance of ICT to those provisions that do not result in an undue burden or a fundamental alteration in the nature of the ICT.

E202.6 Best Meets.

Where ICT conforming to one or more requirements in the 508 Standards is not commercially available, the agency shall procure the product that best meets the 508 Standards consistent with the agency’s business needs.

Advisory E202.6 Best Meets. This exception only applies when a product meeting the provisions of this document is not commercially available. This document does not require agencies to procure ICT that is not needed by the agencies to perform their mission.

E202.6.1 Required Documentation.

The responsible agency official shall document in writing: (a) the nonavailability of conforming ICT, including a description of market research performed and which provisions cannot be met, and (b) the basis for determining that the ICT to be procured best meets the requirements in the 508 Standards consistent with the agency’s business needs.

Advisory E202.6.1 Required Documentation. The Federal Acquisition Regulation (FAR) sets forth the documentation requirements for a determination of commercial non-availability by federal agencies subject to 508 requirements.

E202.6.2 Alternative Means.

Where ICT that fully conforms to the 508 Standards is not commercially available, the agency shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.

Advisory E202.6.2 Alternative Means. Nothing in this document obviates or limits the requirements of other sections of the Rehabilitation Act of 1973, as amended. An agency still may still have a duty under Sections 501 and 504 to provide access to information and data to individuals with disabilities. Some individuals may require accommodations even when using ICT that fully conforms to the provisions of this document.

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