Powerpoint from September 4, 2008 for Oklahoma DCS New CPO Training in Oklahoma City.
Information Technology Accessibility:
Legal Requirements in Procurement
Brenda Dawes, AT Program Specialist
Oklahoma ABLE Tech, Assistive Technology Program
Oklahoma ABLE Tech State Assistive Technology Program
OSU Seretean Wellness Center
Statewide - All Ages
Member of OK Electronic and Information Technology Accessibility Advisory Council (work with DCS and OSF)
Programs and Services: AT Demo and Loan, Training, Advocacy, Outreach, Fire Protection Safety, AgrAbility, IT Accessibility Technical AssistancePictures of AT included: wheelchair, man using AT with computer, pocket viewer to magnify.
Goals
Oklahoma’s Law re: Accessible
Electronic and Information
Technology
Procurement Process
Using the Right Tools of the Trade
What is Electronic and Information Technology (EIT)?
Electronic and Information Technology Accessibility (EITA)
General Definition: Electronic and information technology includes products that store, process, transmit, convert, duplicate, or receive electronic information
Information technology includes:
l computers;
l websites;
l hardware and software;
l operating systems;
l distance learning and digital media;
l telecommunication products.
l Email, chat, E-books, instructional software
l Multimedia (including video tapes)
l Applies to IT services, e.g. contracted desktop computing needs; help desks etc.
Oklahoma 508 Law or EITA Law
Increasing use of technology in work, school, leisure, Federal Section 508 of Rehab Act reauthorized in 1998. Standards effective 2001.
OK Law: HB 2197 in 2004 and
Effective Date: Sept 8, 2005
Impacts: State agencies, Post Secondary Institutions, and CareerTech
Accessibility for: Employees and Public
Agencies required to procure, develop, and maintain accessible EIT, unless it would pose an undue burden.
“Curbcuts for virtual world” – ADA impacts physical building. 508 good for EIT.
Inaccessible EIT Causes Barriers
• In Oklahoma about 23% of the population has a disability or 1 in 5 have some type of disability.
• Accessible EIT works with Assistive Technology
• IT Access Law can level the playing field for people with disabilities; allows a person to perform same functions regardless of disability.
Implementing the Law
§ OK Information Technology Accessibility Standards technology standards designed to create an accessible E&IT environment and ensure compliance with Oklahoma law.
§ DCS Rules - provide EITA procurement guidance to ensure compliance with Oklahoma law (OAC 580:15-6-21 – 580:15-6-24)
§ OSF Rules – provide EITA guidance for compliance with Standards. (OAC 260:15-1-1 – 260:15-1-9)
§ Information Technology Access Clause – contract clause mandated to be included in all IT purchases
Standards
Standards provide direction for complying with Oklahoma law regarding electronic and information technology accessibility.
6 broad product categories:
1. Software Applications and Operating Systems
2. Web-based Intranet and Internet Information and Applications
3. Telecommunications Products
4. Video and Multimedia Products
5. Desktop and Portable Computers
6. Information, documentation, and support
Next Slide is a cartoon:
Two gentlemen sit at a table as a woman is exiting the room from an interview. One man says to the other: Shame really, her enthusiasm and qualifications were excellent but she was let down by her attitude towards very important bits of paper.
Procurement Process
A consistent process protects the agency
Team: Person requesting EIT product, IT Rep, agency contracting officer, and Accessibility Compliance Representative
Use Department of Central Services Forms (DCS website)
Agency determines functional needs for IT
product
Identifies applicable technical standard(s)
Market research to identify products that
meet requirements and accessibility
Determine if Exceptions apply.
Draft specifications
Document: Procurement Checklist/Exception (055).
Market Analysis
www.section508.gov Buy Accessible Wizard
“Central Purchasing Rules and Statutes” Link to VPATs http://www.ok.gov/DCS/Central_Purchasing/VPAT_&_Accessibility.html
Another Directory of VPATS
http://www.evengrounds.com/resources/vpat-directory
Federal Access Board Guide to the Standards www.access-board.gov
Checklists to evaluate products http://web.mit.edu/atic/www/accessibility/policies.html
Exceptions
Public Safety - IT used in crypto logic activities related to public safety
Incidental IT – contractor or grantee
Back Office - “Products (always) located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment.”
Fundamental alteration - “Shall not be construed to require a fundamental alteration in the nature of a product or its components.
Specific accessibility-related software – not required to install
Commercial non-availability- When no commercially available technology complies with any of the requirements.
“If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.”
Form 055 Procurement Checklist
Undue Burden
What is it?
Defined as: significant difficulty or expense.
History: Defined in Section 504 and ADA
Case-by-Case
Undue burden is
– a high threshold,
– requires extensive documentation, and
– represents a significant risk of being improperly applied.
– Budget of Program and Agency;
– Staffing and Operation Costs;
Procurement Process cont…
Agency Contracting Officer/CPO
§ Verifies documentation for files
§ Assist with effective acquisition strategies
§ Drafts and issues solicitation to receive offers
§ Every solicitation and contract for IT must include Access Clause (DCS website)
Vendor to provide VPAT – Voluntary Product Accessibility Template (on DCS website)
Information Technology
Access Clause
http://www.ok.gov/DCS/Central_Purchasing/VPAT_&_Accessibility.html
Electronic and information technology procurements, agreements, and contracts shall comply with applicable Oklahoma Information Technology Accessibility Standards issued by the Oklahoma Office of State Finance.
EIT Standards may be found at www.ok.gov/DCS/Central_Purchasing
Upon request, the Contractor shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system or application development/customization by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document.
The Contractor shall indemnify and hold harmless the State of Oklahoma and any Oklahoma Government entity purchasing a product, system or application developed and/or customized by the contractor from any claim arising out of the contractor's failure to comply with applicable EIT Standards subsequent to providing certification of compliance to such Standards.
Use Access Clause for EIT Purchases
NO minimum or maximum dollar amount established for EIT accessibility compliance – applicable to every EIT acquisition.
v Under $2500 and/or P Card Purchases – not required to maintain documentation. Most are exempt or can place Procurement Checklist (form 055) as note in file. Reminder about items under $2500 that are under an existing contract. A small dollar amount software package is not a micro-purchase if it is part of a total purchase costing more than $2,500 or affects a large system.
v 2500 - $10,000 and phone/fax quotes should include the Access Clause in solicitation requiring accessibility compliance statement.
v $10,000 - $25,000 competitive bid, RFP, and final contract must contain Access Clause in terms and conditions.
Evaluating EIT Purchases
l Buy the most accessible product that meets agency needs.
l Best value awards possible if the products being compared meet the technical standards to the same degree.
Example: 2 of 3 proposals offer products that fully meet the technical provisions. Third proposal partially meets technical provisions. The two proposals can be compared by technical merit, price, and past performance.
EITA Law Enforcement
Primarily enforced by
people who find inaccessible IT; Complaint process
Agencies are required to submit evidence of compliance. Office of State Finance audit of yearly IT and Telecommunications Plan.
Dept. of Central Services purchasing and/or purchase card audits.
Making the Business Case Benefits to All
• 508 is good business
• Quality-based approach
• Cost effective and proactive (retrofitting is expensive, less individual accommodations)
• Avoid increased costs, personnel
• Benefits Changing workforce
• People with disabilities
• Aging workforce
• Early adopters
Wrap Up and Q & A
Brenda Dawes
brenda.dawes@okstate.edu
Oklahoma ABLE Tech, OSU
1514 W. Hall of Fame
Stillwater, OK 74078
(800) 257-1705
(405) 744-5170
http://okabletech.okstate.edu
