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