- Products covered by this part shall comply with
all applicable provisions of this part. When developing, procuring,
maintaining, or using electronic and information technology, each agency shall
ensure that the products comply with the applicable provisions of this part,
unless an undue burden would be imposed on the agency.
- When compliance with the provisions of this part imposes
an undue burden, agencies shall provide individuals with disabilities with the
information and data involved by an alternative means of access that allows the
individual to use the information and data.
- When procuring a product, if an agency determines that
compliance with any provision of this part imposes an undue burden, the
documentation by the agency supporting the procurement shall explain why, and
to what extent, compliance with each such provision creates an undue burden.
- When procuring a product, each agency shall
procure products which comply with the provisions in this part when such
products are available in the commercial marketplace or when such products are
developed in response to a Government solicitation. Agencies cannot claim a
product as a whole is not commercially available because no product in the
marketplace meets all the standards. If products are commercially available
that meet some but not all of the standards, the agency must procure the
product that best meets the standards.
- Except as provided by §1194.3(b), this part
applies to electronic and information technology developed, procured,
maintained, or used by agencies directly or used by a contractor under a
contract with an agency which requires the use of such product, or requires the
use, to a significant extent, of such product in the performance of a service
or the furnishing of a product.