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508 Wheel508 Wheelchair Person. Section 508, Rehabilitation Act Amendments of 1998. Briefing Organization August 6, 2001. What is Section 508?. Section 508 of the Rehabilitation Act of 1973, 1998 Amendments Final Rule in CFR, Part 1194, Chapter XI, Title 36 - PowerPoint PPT Presentation
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Section 508, Rehabilitation Act Amendments of 1998
Briefing Organization August 6, 2001
508 Wheel508 Wheelchair Person
What is Section 508?What is Section 508?
Section 508 of the Rehabilitation Act of 1973, 1998 Amendments
Final Rule in CFR, Part 1194, Chapter XI, Title 36 Does NOT apply to private sector except as it interacts with the
federal government “…requires that when Federal agencies develop, procure,
maintain, or use electronic and information technology (italic added)…– ...Federal employees with disabilities have access to and
use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
cont. What is Sec. 508? cont. What is Sec. 508?
– …members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.”
It is about accessibility of electronic & information technology by all individuals with disabilities
cont. What is Sec. 508? cont. What is Sec. 508?
6 “standards” - Software Apps & Operating Systems; Web-based Intranet/Internet Information & Apps; Telecommunications Products; Video & Multimedia Products; Self Contained, Closed Products; Desktop & Portable Computers
65 “technical elements” under standards
6 Functional Performance Criteria
3 Information, Documentation & Support requirements
What is Sec. 508 NOT What is Sec. 508 NOT about? about? Adaptive or assistive technology Developing to a specific assistive technology Retrofitting solutions Dull Web pages - “You can have your graphics & read them
too!” Providing reasonable accommodation for individuals with
disabilities Who will use the acquired technology products The size of the population of persons with disabilities
What is included in “electronic & What is included in “electronic & information technology?”information technology?”
Any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, and duplication of data or information, or used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.”
Telecommunication products (e.g., phones) Information kiosks & transaction machines WWW sites Multimedia Computers, ancillary equipment, firmware & similar
procedures, services including support services, and related resources
Cont. What is included in “electronic & Cont. What is included in “electronic & information technology?”information technology?”
Office equipment (e.g., copiers, fax machines; special conditions = expensive, standalone & common use)
Excludes equipment with embedded IT that does not manage data or information as its principal function (e.g., HVAC, medical equipment, bldg. access systems)
What is “undue burden?” What is “undue burden?”
“Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.” (36 CFR 1194.4)
If undue burden is justified, “agencies shall provide…alternative means of access that allow the individual to use the information and data.” (36 CFR 1194.2)– Example: Alternative means for a computer program that
generates maps denoting regional demographics might be audio description.
What are the EIT general exceptions?What are the EIT general exceptions?
EIT purchased in accordance with FAR subpart 13.2 (micro-purchases) prior to 1/1/03, but buyers should comply in the meantime to the “maximum extent practicable” – One-time purchase for $2,500 max on open market– Micro-purchases as part of a requirement exceeding $2,500 are
subject to Section 508 EIT for a national security system, or any of the following
components:– Intelligence activities– Cryptographic activities related to national security– Command & control of military forces– Equipment as an integral part of a weapon or weapon systems– Systems critical to the direct fulfillment of military or intelligence
missions
cont. What are the EIT general cont. What are the EIT general
exceptions?exceptions? Products acquired by a contractor incidental to a contract,
or which are neither used nor accessed by Federal employees or members of the public (contractor employees in their professional capacity are not considered members of the public)
Products or components of products that would require a fundamental alteration in their nature
Products located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring, & no other function is performed
How does Procurement How does Procurement interpret “undue burden?”interpret “undue burden?”
Federal Acquisition Regulation Final Rule:
39.202 “Undue burden,” means a significant difficulty or expense.
39.204 (e) Section 508 does not apply to EIT that would impose an undue burden on the agency. In determining whether compliance with all or part of the applicable accessibility standards in 36 CFR part 1194 would be an undue burden, an agency must consider—– (1) The difficulty or expense of compliance; and– (2) Agency resources available to its program or component
for which the supply or service is being acquired.
cont. How does Procurement cont. How does Procurement interpret “undue burden?”interpret “undue burden?”
Federal Acquisition Regulation Final Rule:
39.204 (e) (2) “Documentation (i) The requiring official must document in writing the basis for an undue burden decision and provide the documentation to the contracting officer for inclusion in the contract file.” (ii) When acquiring commercial items, an undue burden determination is not required to address individual standards that cannot be met with products available in the commercial marketplace in time to meet the agency deliver requirements
The requiring official must document the commercial non-availability of a product by describing the market research performed and what standards were not met
What circumstances trigger What circumstances trigger “undue burden?”“undue burden?”
An undue burden determination must be completed when the acquisition of the EIT would impose a significant difficulty or expense on the program or component for which the EIT is being acquired, and the EIT satisfies the following two conditions:
(a) meets the minimum non-Section 508 agency needs; and,
(b) fully meets the applicable Access Board’s technical provisions, or best addresses those technical provisions where no product fully meets the technical provisions
How does the Requiring How does the Requiring Official document “undue Official document “undue burden?”burden?”
Recommended Undue Burden Exception Determination & Certification:The requiring official’s documentation must clearly explain why compliance with one or more standards creates an undue burden, and describe:– Products or services required– Dollar value of the acquisition including all options– Applicable Section 508 standards that cannot be met– Market research performed to locate commercial items
that meet the applicable standards
cont.cont. How does the Requiring How does the Requiring Official document “undue Official document “undue burden?”burden?”
Recommended Undue Burden Exception Determination & Certification:
– Undue burden (i.e. the significant difficulty or expense the Government would incur in order to comply with a particular standard). If the monetary expense is deemed prohibitive, explain the costs and how they were estimated.
– Alternative means of access that will be provided that will allow the individuals with disabilities to use the information or data.
cont. How does Procurement cont. How does Procurement interpret “undue burden?”interpret “undue burden?”
The 36 CFR Part 1194.2 (2) Final Rule of the Architectural & Transportation Barriers Compliance Board further states…– “When procuring a product, if an agency determines
that compliance with any provision of this part imposes an undue burden, the documentation by the agency supporting the procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden.” (italics added)
What are the acquisition What are the acquisition exceptions?exceptions?
IDIQ contracts (including FSS, GWACS, Interagency Agreements, etc.) provided that requiring and ordering activities ensure 508 compliance prior to placing an order or document an exception– NOTE: Exception determinations are not required for award of
indefinite quantity contracts (except for requirements that are to be satisfied by initial award), even though ordering activities must ensure section 508 compliance at time of issuance of task or delivery orders. Accordingly, indefinite quantity contracts may include noncompliant items, provided that any task or delivery order issued for noncompliant EIT meets an applicable exception.
cont. What are the acquisition cont. What are the acquisition exceptions?exceptions?
Taking delivery for items ordered prior to 6/25/01 Contracts awarded before 6/25/01, including all option
renewal periods Within-scope modifications of contracts awarded before
6/25/01 Exercising unilateral options for contracts awarded before
6/25/01 Multiyear contracts awarded before 6/25/01
What are some specific acquisition What are some specific acquisition inclusions for compliance (eff. inclusions for compliance (eff. 6/25/01)?6/25/01)?
Task or delivery orders placed on or after 6/25/01 against any IDIQ contract irrespective of the award date of the underlying contract
Purchases against blanket purchase agreements (BPA’s) Purchases against basic ordering agreements (BOA’s) EIT acquired through any contracts awarded on or after
6/25/01 Upgrades of EIT supplies and services for the purpose of
adding new features or functionality New contracts (maintenance, support, functionality &
features changes, etc.) for legacy systems (undue burden justifications may be needed)
cont. What are some specific cont. What are some specific acquisition inclusions for acquisition inclusions for compliance (eff. 6/25/01)?compliance (eff. 6/25/01)?
Procurement ordering against UNICOR, NIB/NISH, and Economy Act sources
Overseas acquisitions unless the procuring agency has a legislative exemption to the FAR overseas
How will Procurement How will Procurement implement?implement?
Educate customers Encourage advanced joint acquisition planning with procurement Heed the OCIO’s leadership in Sec 508 education Contracting offices that award indefinite-quantity contracts must
indicate to requiring & ordering activities which products the contractor indicates as compliant, and show where all the compliance details are available
Provide customers with 36 CFR Part 1194 Final Rule, & as applicable, the FAR Final Rule
Provide customers with: a Sec 508 Determination & Findings format; a Commercial Non-Availability Certification format; “undue burden” documentation format; and, a Sec 508 SOW component
cont. How will cont. How will Procurement implement?Procurement implement?
Ensure customers include the Technical Standards in SOWs Include Sec 508 clauses in solicitations Ensure proposal/product technical evaluations employ Sec
508 standards compliance review Encourage participation of individuals with disabilities on
technical evaluation panels Support customers to obtain a compliant product from the
commercial marketplace, or a product that is developed in response to a government solicitation
Award a contract consistent with the technical evaluation team’s judgment as to the product that BEST meets the standards, even if not all of them, & minimum agency needs
cont. How will cont. How will Procurement implement?Procurement implement?
No Government-approved list of compliant products due to “endorsement liability”
What are customer What are customer responsibilities?responsibilities? Engage in joint advanced acquisition planning with
procurement Know Sec 508 requirements, especially the technical standards Complete a “Section 508 Determination & Findings for
Purchase Requests” Determine whether the procurement requirement is
commercially available through market research Document an “undue burden” if necessary & provide it to the
Contracting Officer for the contract file If undue burden is justified, provide alternative means of
access that allows the individual with a disability to use the information and data (EIT).
cont. What are cont. What are customercustomer responsibilities?responsibilities? Include a Sec 508 section in Statements of Work (SOWs) as
appropriate Technically evaluate Sec 508 compliance in proposals as
appropriate Ensure that delivered products are appropriately compliant
with Sec 508 before accepting them if feasible After acceptance, exercise the contract warranty clause if
products or services violate contract-specified compliance
What are agency What are agency responsibilities?responsibilities? Educate the workforce (classes, Web sites, etc.) Coordinate across whole agency…CIO, procurement, HR,
etc. Implement and enforce effective June 25, 2001 CIO’s conduct oversight responsibility Procurement has implementation responsibility Human Resources/Personnel has enforcement
responsibility; manage administrative complaints Provide injunctive relief & attorney’s fees (compensatory or
punitive damages excluded)
cont. What are agency cont. What are agency responsibilities?responsibilities? Manage increased procurement protests General Counsel manages civil actions Educate the vendor community ALL FEDERAL EMPLOYEES HAVE AN AWARENESS AND
COMPLIANCE RESPONSIBILITY
What Sec. 508 reporting will be What Sec. 508 reporting will be necessary?necessary?
Track all “unrejected” exceptions by award date If not EIT by definition, do not track Track use of general Section 508 EIT exceptions by
award date Track use of commercial non-availability exception
by award date Track use of undue burden justifications by award
date Do not track “acquisition exceptions” Biennial reporting to the DOJ
What will be potential Sec. 508 What will be potential Sec. 508 impacts?impacts?
Societal enrichment (54 million U.S. citizens) Individual productivity More diversified & enriched labor force Greater labor pool Assists temporarily disabled More productive labor force Minimally higher costs for IT products More advanced technology for individuals without
disabilities Greater U.S. business competitiveness overseas
What are some Sec. 508 What are some Sec. 508 resources?resources? Treasury Office of Procurement Section 508 Web page at
www.treas.gov/procurement/508 Final FAR Rule (FAC 97-27) published on April 25, 2001
http://www.arnet.gov/far/ GSA guidance infot www.section508.gov. To Dept. of Justice info of Justice Section 508 Home Page,
click on (http://www.usdoj.gov/crt/508/508home.html Access Board standards http://www.access-board.gov
/sec508/508standards.htm Government Computer News at
www.gcn.com/Resource/section508/index.html Some 18,000 accessibility products at www.abledata.com
cont. What are some Sec. cont. What are some Sec. 508 resources?508 resources? A good Web links source is
www.kansas.net/~cbaslock/assist.html The IRS’ Information Resources Accessibility Program
(IRAP) has quality guidance, assistance, & product-testing capabilities available (contact T.J. Cannady at 202/283-0283 thru your bureau rep) (http://irap.no.irs.gov on Treasury Intranet)
IRS’s Disabled Employees Support Acquisitions Contract
(DESAC II) (1-800-835-7823) Final FAR Rule (FAC 97-27) published on April 25, 2001
http://www.arnet.gov/far/
Treasury Sec 508 contacts?Treasury Sec 508 contacts?
Organization’s specific Section 508 Coordinators - name, phone & email address
Patty Haverstick, OCIO, 202/622-1525, patty.haverstick@cio.treas.gov
Richard Miller, Office of Procurement, 202/622-8136, richard.miller@do.treas.gov
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