Section 508 Compliance

The U.S. Government typically requires companies to identify whether the products offered by a company are compliant with Section 508 of the Rehabilitation Act.  Section 508 requires that federal agencies make electronic and information technology (EIT) accessible to people with disabilities.  The law applies to all federal agencies when they develop, procure, maintain, or use EIT.  The Architectural and Transportation Barriers Compliance Board established the EIT standards published at 36 C.F.R. Part 1194.   To avoid potential liability for false statements to the Government, companies must be diligent in properly evaluating the compliance of their products with Section 508.

In setting forth a product’s compliance with Section 508, companies often use a Voluntary Product Accessibility Template (VPAT).  The VPAT is an informational tool developed by industry and government to assist federal IT professionals with the market research duties they are required to perform under Section 508.  The VPAT describes precisely how a product does and does not meet Section 508 standards. 

Overly broad or inaccurate VPAT information could lead to bid protests, breach of contract claims or civil False Claims Act actions by the Government.  Additionally, the Government may assert that statements in a VPAT constitute product warranties. Companies can reduce potential problems and exposure by following a few simple guidelines:

1. Make sure the information provided in a specific VPAT response clearly indicates that it applies only to a specific criterion;
2. Limit the information provided in a VPAT to the specific procurement for which it is being provided and a specific time period;
3. Define terms used in your VPAT response if those definitions will help clarify responses;
4. Avoid suggesting that the VPAT provides any product warranties; and 
5. Use disclaimers where appropriate.