PART 339—ACQUISITION OF INFORMATION TECHNOLOGY
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
339.201–10 Clarification
339.201–70 Required provision and contract clause
FAR Subpart 39.2, Electronic and Information Technology, requires Federal agencies to ensure that, when acquiring EIT, Federal employees with disabilities and members of the public with disabilities have access to and use of information and data that is comparable to individuals without disabilities. This EIT access requirement does not apply to a contractor’s internal workplaces. EIT that is not used nor accessed by Federal employees or members of the public is not subject to the Architectural and Transportation Barriers Compliance Board (Access Board) standards. Contractors in their professional capacity are not members of the public for purposes of Section 508.
339.201-70 Required provision and contract clause
When acquiring EIT, the Contracting Officer shall insert the provision at 352.270–19(a) in solicitations and the clause in 352.270–19(b) in contracts and orders for projects that will develop, purchase, maintain, or use electronic and information technology (EIT), unless these EIT products and/or services are incidental to the project. (Note: Other exceptions to this requirement can be found at FAR 39.204.)