Yes. Section 508 applies when Federal agencies "develop, procure, maintain, or use information and communication technology." Even if the agency is simply procuring a new version of an existing product, Section 508 applies. Section 508 requirements must be considered in the Brand Name justification and in the "or Equal" decision. It is a best practice to include Section 508 requirements in solicitation documentation for Brand Name or Equal, otherwise how are vendors able to propose products or services that equals the brand name?
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.
Recently we received a comment that asked if software being developed had to be Section 508 conformant because no one in the organization had a disability. The answer is, "Yes, you still have to consider Section 508!" Here are a few reasons why: