# Presentation: 273044

## Section 508 Requirements and ToolsDan Hylton, Office of the General Counsel, General Law Division, USDADavid J. Shea, Chief, Procurement Policy Division, Office of Procurement and Property Management, USDA 

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Objective:  Summary of the Law and Resources Available to Assist You in Complying with Section 508 Requirements

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Topics

- What is required?  Who is responsible?  What are the exceptions?
- What tools are available to assist in complying?
- Questions are welcome anytime!

- USDA Office of the General Counsel and Office of Procurement and Property Management

## The Law

- Absolute Requirement:
- When acquiring Electronic and Information Technology (EIT), must ensure comparable access to and use of information and data
- EIT _includes_ office equipment

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Key Responsibility

- In the acquisition process, the agency (requiring official) has the primary responsibility for Section 508 compliance
- Requiring officials:
- Define Need
- Conduct Market Research

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Applicability & Exceptions

- Applicable to all procurements except:
- Undue burden
- Stand alone, open market micro-purchases (generally $2,500 or less) prior to January 1, 2003
- Commercial items – non-availability

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Applicability & Exceptions (Continued)

- National Security systems
- System acquired by a contractor incidental to contract performance
- EIT located in spaces frequently only by service personnel for maintenance, repair, or occasional monitoring of the equipment

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Supplemental Information

- USDA supplemental information regarding Section 508 requirements
- Government-wide sites
- Vendor Sites

- USDA Office of the General Counsel and Office of Procurement and Property Management

## USDA Supplemental Information 

- Located on USDA Acquisition Toolkit:  www.usda.gov/procurement
- Includes Agriculture Acquisition Regulation (AGAR) Advisories 34, 34A, 34B and 35

- USDA Office of the General Counsel and Office of Procurement and Property Management

## AGAR Advisory 34

- Provides the following working tools (outlines):
- Undue Burden Determination
- Unavailability in the commercial marketplace of compliant Electronic and Information Technology (EIT) Determination
- Federal Acquisition Regulation (FAR) 39.203 Does Not Apply Determination
- 508 Compliance Determination w/Sample Checklist

- USDA Office of the General Counsel and Office of Procurement and Property Management

## AGAR Advisory 34A

- Provides information on useful Internet sites:
- _[www.ocio.usda.gov/irm/508.html](http://www.ocio.usda.gov/irm/508.html)__ provides info on USDA points of contact, and links to the Departments of Justice and Education sites _
- GSA “Buy Accessible” site at _[www.Section508.gov](http://www.section508.gov/)_

- USDA Office of the General Counsel and Office of Procurement and Property Management

## AGAR Advisory 34B

- Clarification of Section 508 applicability to subcomponents which do not affect data input or output.

- USDA Office of the General Counsel and Office of Procurement and Property Management

## AGAR Advisory 35 

- Addresses EIT purchases using Purchase Cards
- Stand alone, open market purchases of EIT using the purchase card are exempt from Section 508 requirements prior to January 1, 2003.
- You are encouraged to buy compliant EIT in the interim

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Streamlining of AGAR Advisories

- Existing Advisories developed over time and were therefore issued separately;
- OPPM will be consolidating all 508 Advisories into a single new advisory in the near future to improve ease of use.

- USDA Office of the General Counsel and Office of Procurement and Property Management

## Useful Sites

- USDA Acquisition Toolkit
- _[www.](http://www.ocio.usda.gov/irm/508.html)__[ocio](http://www.ocio.usda.gov/irm/508.html)__[.](http://www.ocio.usda.gov/irm/508.html)__[usda](http://www.ocio.usda.gov/irm/508.html)__[.](http://www.ocio.usda.gov/irm/508.html)__[gov](http://www.ocio.usda.gov/irm/508.html)__[/](http://www.ocio.usda.gov/irm/508.html)__[irm](http://www.ocio.usda.gov/irm/508.html)__[/508.html](http://www.ocio.usda.gov/irm/508.html)_
- _[Http://www.usda/oo/target.](http://www.usda/oo/target.htm)__[htm](http://www.usda/oo/target.htm)_
- _[www.Section508.](http://www.section508.gov/)__[gov](http://www.section508.gov/)_
- Each of these lead you to additional sites

- USDA Office of the General Counsel and Office of Procurement and Property Management