---
kind: "section"
citation: "48 C.F.R. § 339.203"
title: "48"
number: "339.203"
heading: "Applicability."
url: "https://uscodex.org/cfr/48/339.203"
---

# §339.203. Applicability.

- (a) Electronic and information technology (EIT) supplies and services must comply with Section 508 of the Rehabilitation Act (the Act) of 1973 ([29 U.S.C. 794d](/usc/29/794d.md)), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Standards ([36 CFR part 1194](/cfr/36/part1194.md)). Requiring activities must consult with their [Section 508](/cfr/48/508.md) Official or designee to determine if the contractor should be responsible for compliance with EIT accessibility standards which apply to Web site content and communications material.
  - (1) When conducting a procurement and employing the best value continuum, the solicitation shall include a separate technical evaluation factor developed by the contracting officer, requiring activity, and the Operating Division (OPDIV) [Section 508](/cfr/48/508.md) Official or designee.
  - (2) At a minimum, solicitations for supplies and services shall require the submission of a [Section 508](/cfr/48/508.md) Product Assessment Template (See http://www.hhs.gov/web/508 for the template). Solicitations for services shall include any other pertinent information that the contracting officer deems necessary to evaluate the offeror's ability to meet the applicable [Section 508](/cfr/48/508.md) accessibility standards.
  - (3) The HHS Operating Division or Staff Division (OPDIV or STAFFDIV) [Section 508](/cfr/48/508.md) Official or designee is responsible for providing technical assistance in development of [Section 508](/cfr/48/508.md) evaluation factors.
  - (4) Before conducting negotiations or making an award, the contracting officer shall provide a summary of the Source Selection Evaluation Team's (SSET) assessment of offeror responses to the solicitation's [Section 508](/cfr/48/508.md) evaluation factor. This summary shall be submitted for review by the [Section 508](/cfr/48/508.md) Official or designee. The [Section 508](/cfr/48/508.md) Official or designee shall indicate approval or disapproval of the SSET assessment. The contracting officer shall coordinate the resolution of any issues raised by the [Section 508](/cfr/48/508.md) Official or designee with the chair of the SSET or requiring activity representative, as appropriate. The acquisition process shall not proceed until the [Section 508](/cfr/48/508.md) Official or designee approves the SSET assessment. The contracting officer shall include the assessment in the official contract file. See 339.204-1 regarding processing exception determination requests.
- (b) When acquiring commercial items, if no commercially available supplies or services meet all of the applicable [Section 508](/cfr/48/508.md) accessibility standards, OPDIVs or STAFFDIVs shall, under the direction and approval of the [Section 508](/cfr/48/508.md) Official or designee, acquire the supplies and services that best meet the applicable [Section 508](/cfr/48/508.md) accessibility standards. Process exception determinations for EIT supplies and services not meeting applicable [Section 508](/cfr/48/508.md) accessibility standards in accordance with 339.204-1.

## Notes

### Authority

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

### Source

Source: 80 FR 72151, Nov. 18, 2015, unless otherwise noted.