Section 508 of the Rehabilitation Act - Frequently Asked Questions

C.3.i. - Does Section 508 require contractors to manufacture EIT that meets the applicable Access Board’s technical provisions?

No. Section 508 requires the government to purchase EIT that meets the applicable technical provisions of the Access Board’s standards, with certain exceptions. By doing so, Section 508 provides an incentive for EIT manufacturers and designers to ensure that their products are usable by everyone – including people with disabilities.

Agencies are responsible for ensuring that they undertake their acquisitions for EIT consistent with the requirements of Section 508, as implemented in the Access Board’s standards and the FAR -- which includes identifying applicable Section 508 provisions to interested contractors. Similarly, agencies – not contractors – are responsible for making determinations regarding whether any exceptions apply. (See section G.6.vi below)

In turn, contractors wishing to do business with the government must provide products and services that meet (either directly or through equivalent facilitation) an agency’s stated requirements, including applicable technical provisions from the Access Board’s standards as identified by the agency. Contractors (including manufacturers and designers) are under no obligation to consider either Section 508 or the Access Board’s standards if they do not wish to market their products to the Federal government.