Section 508 of the Rehabilitation Act - Frequently Asked Questions

F.1. - Under what circumstances may an agency conclude that no EIT is available that meets the Access Board’s technical provisions?

An agency may conclude that EIT meeting the applicable technical provisions of the Access Board’s standards is not available (and purchase EIT that does not meet those provisions) when it cannot find a commercial item that both meets applicable Access Board’s technical provisions and can be furnished in time to satisfy the agency’s delivery requirements. If products are available that meet some, but not all, applicable provisions, agencies cannot claim a product as a whole is nonavailable just because it does not meet all of the applicable provisions. Agency acquisitions must comply with those applicable technical provisions that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency’s delivery requirements. Nonavailability determinations must be documented (see sections F.2 and F.3 below).

The concept of nonavailability is recognized in the Access Board’s standards (at 36 CFR 1194.2(b)) and the FAR (at 39.203(c)) because agencies may find that some their needs cannot be satisfied with EIT that meets all the applicable technical provisions. However, as manufacturer offerings of products that meet the applicable technical provisions increase over time, incidents of nonavailability will decrease.