What does the commercial non-availability exception mean and when does it apply?
The Commercial non-availability exception is only applicable when an agency is procuring EIT in the marketplace and there is no commercial item that meets the 508 standards. If the agency is having EIT developed or created for them, then this exception cannot apply. The following questions and answers prepared by the General Services Administration pertain to the documentation of non-availability and can also be found on the GSA FAQ pages: F.1. Under what circumstances may an agency conclude that no EIT is available that meets the Access Board’s technical provisions? An agency may conclude that EIT meeting the applicable technical provisions of the Access Board’s standards is not available (and purchase EIT that does not meet those provisions) when it cannot find a commercial item that both meets applicable Access Board’s technical provisions and can be furnished in time to satisfy the agency’s delivery requirements. If products are available that meet some, but not all, applicable pro
