Micro-purchases of information and communication technology (ICT) must still meet applicable Section 508 accessibility requirements, even when acquisition procedures are simplified.
While micro-purchases may use streamlined purchasing methods under the Federal Acquisition Regulation (FAR), Federal agencies are still required to ensure that ICT purchased through micro-purchase processes is accessible to people with disabilities unless a documented exception applies.
This resource explains how Section 508 applies to ICT micro-purchases, outlines key responsibilities, and provides practical steps to help Government buyers, cardholders, and requiring officials meet accessibility requirements while using simplified acquisition procedures.
For a complete training on this topic, see the Micro-Purchases and Section 508 Requirements course.
What is Section 508?
Section 508 of the Rehabilitation Act requires Federal agencies to ensure that the ICT they develop, procure, maintain, or use is accessible to people with disabilities, unless an applicable exception is properly documented.
This requirement applies to all ICT purchases, including micro-purchases. Simplified acquisition procedures do not remove accessibility obligations.
Section 508 helps provide federal employees and members of the public with disabilities access to information and data comparable to that provided to others.
For more detailed information about Section 508 law, regulations, standards, and related FAR requirements, visit IT Accessibility Laws and Policies.
Accessibility for All
Section 508 addresses accessibility for individuals with disabilities across a broad range of functional needs, including disabilities that affect:
Section 508 applies to all ICT products and services at all purchase levels, including micro-purchases.
Use the following resources to learn more about Section 508 and how you can support implementation.
Micro-Purchase Definition
What is a Micro-Purchase?
As defined in FAR 2.101:
"A micro-purchase is an acquisition of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold."
In other words, when you buy ICT, and the “aggregate amount,” or total cost, is under the micro-purchase threshold, the simplified micro-purchase requirements and processes apply, rather than the standard ICT procurement process.
If your purchase is above the aggregate threshold, you must follow the standard ICT Procurement Process. For more information about this process, review the resource Buy Accessible Products and Services.
Micro-Purchases and Section 508
All government personnel involved in acquiring ICT, including requiring officials, contracting officers, approving officials (AO), and other buyers, share responsibility for ensuring applicable Section 508 requirements are addressed during micro-purchases. Since the governmentwide commercial purchase card is the preferred method to buy goods and services that do not exceed the micro-purchase limit, this includes cardholders using a government purchase card.
Requiring Officials
Anyone who identifies a business need for a product or service and initiates a purchase requirement may function as a requiring official. Requiring officials define the business need and help ensure accessibility requirements are identified early in the acquisition process For example, a secretary ordering a multipurpose machine or a program manager ordering a software application is a requiring official. As long as you are in the process of buying something or considering a purchase, you are a requiring official. Requiring officials represent the actual customer side —- they own the need and requirements that will be met by the contract. If you are a requiring official you may have several different responsibilities where you need knowledge and understanding of the Section 508 Standards.
Government Buyers
A government buyer is given a written delegation to procure on behalf of the government and are the only individuals authorized to obligate the government for the purchase of goods and services (FAR1.602-2 and FAR1.603-3).
Approving Officials
In purchase card programs, the AO ensures that the purchase card is used properly. The AO authorizes cardholder purchases and ensures that the statements are reconciled and submitted to the designated billing office in a timely manner. The AO should also review proposed purchases to ensure that purchase cardholders comply with Section 508 requirements.
To do this, they must follow the procedures established by OMB Circular A 123 Appendix B, Improving the Management of Government Charge Card Programs.
Micro-Purchase Process
Process Overview
To comply with the FAR and Section 508, there are tasks you must perform when making a micro-purchase.
This micro-purchases process consists of six steps:
- Determine if your requirement is ICT.
- Determine which Section 508 standards apply to your requirement.
- Perform market research.
- Complete documentation.
- Perform any additional agency-specific procedures or requirements (such as receiving AO approval).
- Purchase your product or service.
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Determine if your requirement is ICT
What is considered ICT?
Once you have determined your business need (the functionality you require), you must begin by determining if that need is considered ICT. ICT is defined by the U.S. Access Board:
"Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content."
Examples of ICT include, but are not limited to:
- Computers and peripheral equipment
- Information kiosks and transaction machines
- Telecommunications equipment
- Customer premises equipment
- Multifunction office machines
- Applications
- Websites
- Videos
- Electronic documents
Functional Performance Criteria
To conform to Section 508 standards, ICT must be functional:- Without vision
- With limited vision
- Without perception of color
- Without hearing
- With limited hearing
- Without speech
- With limited manipulation
- With limited reach and strength
- With limited language, cognitive, and learning abilities
These functional performance criteria help ensure ICT is usable by individuals with a wide range of disabilities when specific technical requirements alone may not fully address accessibility needs.
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Determine which Section 508 standards apply
What Section 508 standards apply?
Once you have determined that your procurement is ICT, your next step is to determine which category of ICT it fits into. That category will define the Section 508 technical standards that you will use when evaluating potential products.
As defined in ICT Accessibility Standards Chapter 2: Scoping Requirements, there are four Section 508 technical standards categories:
- Electronic content, including websites and agency communications
- Hardware
- Software
- Support documentation and services (i.e. help desk services)
Developing Section 508 requirements for procurements
The below tools and processes can help you conduct either a manual or automated review to define accessibility requirements for your solicitation. See Buy Accessible Products and Services for more information on how to use these tools.
- Option 1 - Build custom accessibility requirements using Accessibility Requirements Tool (ART). Use ART, which automates the Standards Applicability Checklist and generates customized language to build your accessibility requirements.
- Option 2 - Manually determine accessibility requirements. Follow this step-by-step guidance on how to Determine 508 Standards and Exceptions and complete the Standards Applicability Checklist. Use the 508 Standards and Exceptions Chart & Examples template to clearly communicate which standards and exceptions apply to each item in a solicitation that includes ICT.
Failing to identify and include applicable Section 508 requirements early can increase remediation costs, delay implementation, reduce usability, and elevate legal and civil rights risk.
Request Accessibility Information from Vendors and Contractors
The Request Accessibility Information from Vendors and Contractors page can help you determine the required standards for the ICT solution you intend to procure. Requirements will depend on whether the ICT is standard or customized. The page also includes a suggested process to help you determine and document the requirements and applicable exceptions.
Determining Section 508 requirements is rather technical, so consult with your agency Section 508 Program Manager for assistance.
Section 508 Exceptions
There are some general exceptions that pertain to Section 508:
- Legacy ICT (Safe Harbor)
- National Security
- Federal Contracts (ICT that is incidental to a contract and won't be part of the delivered procurement)
- ICT Functions Located in Maintenance or Monitoring Spaces
- Undue Burden or Fundamental Alteration
- Best Meets (due to commercial non-availability). If there are technically acceptable solutions available in the marketplace, you need to select one of those solutions. You cannot choose a different solution and claim an exception (e.g., "best meets" or "undue burden").
Micro-purchases rarely fall within these exceptions. If you are making a micro-purchase in one of these categories, consult your Section 508 Program Manager for assistance in properly documenting the exception.
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Perform market research
Market Research
Once you know which Section 508 technical standards apply to your micro-purchase, you must perform market research to find possible solutions that could meet your business need. The goal of your market research is to find a Section 508 conformant product or service or decide which of the available products or services best meets the accessibility requirements.
Maria must perform market research to find a vendor that offers a multifunction machine that conforms to all the applicable Section 508 technical standards for multifunction machines.
Conducting Market Research
Steps for conducting market research for accessible products are defined on the Section508.gov website in the Buy Accessible Products and Services, Conduct Market Research section.
To assess accessibility during the market research process, you may do any of the following:
- Search the internet for existing Accessibility Conformance Reports (ACR) for the ICT being procured. These are often referred to as Voluntary Product Accessibility Templates (VPATs®). A VPAT® is the industry standard template to be used for making product accessibility claims.
- Ask colleagues at your agency, or within relevant communities of practice.
- Visit the Acquisition Gateway (requires an OMB MAX ID) and use the Solutions Finder.
- Visit the Section 508 IT Accessibility Community of Practice.
For more information on conducting market research, see FAR Part 10.
Review information you obtain
Next, review the information you obtain. For micro-purchases, this activity will primarily consist of gathering and comparing the ACR or VPAT® for the options you are considering. Your role is to evaluate available options and determine which solution best meets both business needs and applicable accessibility requirements.
As a best practice, evaluate multiple potential solutions when feasible, compare available ACRs/VPATs®, and document how each option addresses applicable accessibility requirements. The attention to detail in how a vendor documents the accessibility of their products is a great indicator of how well you can trust what is documented. As you review them, consider1:
- Is there a clear indication that the ACR was authored by a third party?
- Is there detailed information about the exact type of testing and what evaluation methods were used?
- Are there positive examples of how a product supports a specific success criterion?
- Does the vendor publicly display their ACR?
Scoring ACRs
ACRs include categories rated as "meets", "partially meets", and "does not meet" requirements. Assign a value to each of those ratings, then tally the scores, paying greatest attention to accessibility elements most pertinent to the requirements you defined in Step 2.
Of the products that meet the business need, your agency is obligated to pick the item that meets Section 508 accessibility requirements. Document your research, to compare solutions and find one that is the best fit for your agency including at a minimum vendor name, version, and model number, and a description of how the solution will/will not meet your business need.
Evaluating ACRs is not easy for a novice. Do not be afraid to seek help from your Section 508 Program Manager.
The Best Meets Exception
The Best Meets provision (E202.7) applies when ICT that fully conforms to applicable Section standards is not commercially available. In those cases, agencies must procure the option that best meets applicable accessibility requirements while still meeting agency business needs.
If there are technically acceptable solutions available in the marketplace, you must select one of those solutions (FAR 39.203(c)(1)). You cannot choose a different solution and claim an exception (such as "best meets" or "undue burden").
If your market research does not uncover any technically acceptable options, you can request an exception to procure a nonconformant solution. Of the alternatives that meet your business needs, you'll still need to select the alternative that best meets Section 508 requirements. You'll also need to provide documentation of your market research as justification.
If the product is not accessible, you must determine an alternative way to provide access. The ICT must be accessible and usable by everyone. For example, if a supervisor couldn't find a multifunction machine that provided all necessary accessibility at the machine's touchpad, that machine would need to be equally accessible from a desktop application.
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Complete Required Documentation
Once you select the solution that best meets your agency's business and accessibility needs, document your market research, selection rationale, applicable standards, and any properly authorized exceptions.
If you believe an exception to Section 508 might apply, you must document in writing that your Section 508 PM or authorizing official has verified that an exception applies to your micro-purchase. If you purchase an ICT product or service that does not fully conform to Section 508 standards, you must document that you conducted adequate market research and provide a justification of your reasons for the purchase (such as the budget or mission). In addition, you must complete any documentation required by your agency.
At a minimum, it is recommended that you keep a copy of your documentation AND provide a copy to all others involved in the procurement process, such as the AO and contracting officer.
E202.7.1 Required Documentation - The responsible agency official must document in writing: The non-availability of ICT that fully conforms to the Standards, including a description of market research performed and which provisions cannot be met; and The basis for determining that the ICT to be procured best meets the Standards consistent with meeting agency business needs.
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Follow agency-specific policies and procedures
While all agencies are required to adhere to Section 508, procedures may differ from one agency to another.
As part of your role in the purchasing process, it is your responsibility to be aware of any agency-specific policies and procedures related to ICT micro-purchases and Section 508. If you are unsure of any agency-specific policies and procedures, check with your agency's Office of the Chief Information Officer (OCIO), procurement officer, and Section 508 Program Manager.
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Purchase product or service
The final step in the process is to purchase your product or service. Once these steps are complete, you have documented that your agency considered applicable Section 508 requirements, conducted market research, and selected an ICT solution that conforms to applicable standards or best meets requirements when full conformance is unavailable.
Additional Resources
To learn more, start with these core resources.
- Section 508 Standards
- Laws and Regulations
- Section 508.gov Resources
- Training Courses
- Tools
- Resources
- Other Resources
Footnote
- Excerpted from How to Read a VPAT®: Assessing Accessibility Conformance Reports, Brian McNeilly, University of Washington, USA, Sina Bahram, Prime Access Consulting, Inc., USA. ↩
