U.S. Department of Health and Human Services

Part 8, Chapter 20: Manual Exhibit 8-20-K

Commercial Non-Availability Certification Department of Health and Human Services, Electronic and Information Technology Commercial Non-Availability Certification To be completed by the Requesting Official (Purchase Requestor) for attachment to purchase requests involving Electronic and Information Technology (EIT)

Summary of Steps for Processing Commercial Non-Availability Request

The Requesting Official completes the following form

The Authorizing Official signs the completed form.
The form and the Purchase Request are then forwarded to the Area 508 Coordinator for approval.
The Area 508 Coordinator saves a copy of the form for the Indian Health Service (IHS) 508 semi annual Exception Report, and, returns the form and Purchase Request to the Requesting Official with approval or rejection.
The form and Purchase Request are forwarded to Acquisitions for processing.

Part I: List Applicable Standards

36 Code of Federal Regulations (CFR) 1194.21 (Software and Operating Systems), 1194.22 (Internet and Intranet Information and Applications), 1194.31 (Functional Performance Criteria), 1194.41 (Information Documentation, and Support)

Part II: Answer the questions below as fully as possible:

What is the product or service being purchased?
What is your timeframe for purchasing this EIT?
What were your findings regarding the non-availability of compliant commercial items?
What applicable technical standards of Section 508 will not be met by each product to be acquired?
What was the methodology or process by which you ascertained the non-availability of compliant commercial items?
What sources did you use to investigate the availability of compliant commercial items?
What is your Plan for providing information to persons with disabilities in an alternate format if proposed noncompliant products or services are purchased?

Part III: Certify Non-Availability:

I have determined and hereby certify that the procurement of the applicable EIT product(s) or services required by my organization that are subject to Section 508 of the Rehabilitation Act of 1973, as amended, in accordance with 36 CFR Part 1194, is 'commercially not available', nor expected to become available in a compliant version in time to satisfy agency delivery requirements (36 CFR 1194.2(b) and FAR 39.203(c)). I have conducted the required market research and have not found an accessible product.


____________________________________ Signature of Requesting Official	____________________________________ Printed Name	___________ Date	___________ Phone Number
_____________________________________ Signature of Authorizing Official	_____________________________________ Printed Name	___________ Date	___________ Phone Number

Part IV: Review and Approval by the IHS Section 508 Coordinator

( ) Form Complete ( ) Incomplete Information missing:

Certification of Non-Availability: ( ) Concur ( ) Denied - Reason:

I hereby concur with and support this Determination & Certification of Undue Burden, as required by the HHS Policy for Section 508 Electronic and Information Technology (EIT):


_____________________________________ IHS 508 Coordinator	___________ Date
_____________________________________ By the Direction of the IHS Section 508 Official	_____________________________________ Printed Name of Official

Attach this document to the "Section 508 Determination and Certification Findings for Purchase Requests" form and the "Certify Non-Availability" (CNA) form and affix both to your procurement request. You must to send a copy to the Indian Health Service (IHS) 508 Coordinator, who will compile these requests for biannual review by the Department of Health and Human Services (HHS) Office on Disability.