Required Terms Regarding Accessibility for Information Technology Contracts February 17, 2009

1. Required Terms Regarding Accessibility for Information Technology ContractsFebruary 17, 2009

2. Applicability • Executive Department agencies only • Solicitations posted or distributed from 12/1/06 onward • ITS33 RFQs • (1) addressed to Technical Specialists, Solutions Providers and Business Process Reengineering Vendors for • (2) IT Solutions; • RFR’s for which agencies have sought and obtained OSD waivers • Excluded: • ITS33 Staff augmentation contracts • Pure consulting work unrelated to specific designs, software or COTS • Maintenance and minor upgrades on systems where system was solicited prior to 12/1/06

3. Required Contract Language • Background on MOU • Requirements of Text • Procurement and Contract Management Additional Information

4. Background on MOU • Memorandum of Understanding (MOU) executed in August 2006 among • Information Technology Division (ITD); • Massachusetts Office of Disability (MOD); and • Executive Office of Health and Human Services (EOHHS) • MOU requires • By December 1, 2006: Mandatory accessibility language for solicitations for IT solutions, requiring • adherence to ITD’s Enterprise Information Technology Accessibility Standards and Web Accessibility Standards • third party testing. • Enforcement of ITD Web Accessibility Standards.

5. Basic Required Terms • Compliance with standards • ITD’s Enterprise Information Technology Accessibility Standard (which incorporates most of the IT Web Accessibility Standards) • Training provided by ITS33 vendor • Coordinate with agency to effort to identify attendees requiring accommodation • Cooperate with agency in its efforts to provide accommodation • Technical and user documentation and training material must include alternative keyboard commands • AT/IT Environment List • Specific assistive technology (AT) • Specific desktop configuration

6. Basic Required Terms • Software Developed Under the Agreement • Milestone meeting (PM and design professionals review standards and discuss impact) • Vendor test every deliverable against the ITD standards (and the Supplemental Web Accessibility Testing Criteria Version 1.0) and (2) AT/IT Environment List • ITD Accessibility Lab will test or coordinate procuring agency hiring of another third party tester (contractor) • Use ITS33 until third party tester contract completed • Once third party tester contract completed, use vendor from that contract

7. Basic Required Terms • Software Developed Under the Agreement (cont’d) • If deliverable fails due to vendor failure to comply with ITD Standards, vendor bears full cost of remedying defect • If deliverable fails due to interoperability problems with AT/IT Environment list, vendor cooperates with agency and AT vendor, if necessary, to remedy defect • If contract vendor used for third party testing, vendor compensates procuring agency with credit on contract price

8. Basic Required Terms • COTS and ASP Software • Vendor conducts testing on COTS/ASP unless ITD’s Assistive Technology Lab (ATL) has already confirmed that the COTS/ASP is accessible • ITL tests COTS/ASP • If COTS/ASP fails due to vendor failure to comply with ITD Standards, vendor bears full cost of remedying defect (if owned by third party publisher, working with publisher) • If deliverable fails due to interoperability problems with AT/IT Environment list, vendor cooperates with agency and AT vendor, if necessary, to remedy defect • Procuring agency receives credits for testing, including repeat testing, performed by contract vendors

9. Basic Required Terms • Inaccessible COTS: Vendor must provide in bid • Documentation of due diligence, including results of vendor research showing : • There is no accessible substitute on the market that delivers the same value • Cost to agency of having vendor develop an accessible version is prohibitive • Vendor must obtain from vendor and provide to agency software publisher’s accessibility roadmap, or if roadmap cannot be obtained, waiver from ITD

10. Basic Required Terms • Maintenance Agreements • Vendor must agree to cooperate with agency to resolve interoperability problems related to use of software with AT that arise over the life of the system

11. Procurement and Contract Management • Agency drafts RFQ/RFR for solicitation including • Mandatory accessibility contract language • Assistive Technology (AT)/IT Environment List (project specific) • Internal facing applications: • If no AT used in agencies that will use the new system, ITD ATL will generate a generic list • inventory AT used (brand, version) and IT Environment (e.g. O/S, internet speed, interfacing applications etc.) of agencies that will be using the new solution. For specific AT: • MOD has already surveyed itself and 3 EOHHS accessibility agencies • MOD working with EOHHS on EOHHS-wide survey • EOHHS wide survey will be followed by ITD survey of remainder of agencies • External facing applications: Contact ITD’s ATL to obtain generic AT/IT Environment List

12. Procurement and Contract Management (cont’d) • Vendor Bids • Vendor’s bid reflects cost of accessibility • If COTS or ASP: • vendor needs to due diligence • if COTS suggested is inaccessible vendor must submit report as part of bid • document vendor’s due diligence regarding: (1) accessible substitutes and (2) cost of developing accessible alternative • if possible include the COTS/ASP vendor’s roadmap for making the software accessible; • the Voluntary Product Accessibility Template (“VPAT”) for each piece of COTS that the Bidder proposes that will be used by end users.

13. Procurement and Contract Management (cont’d) • PMT evaluates bids • Vendor’s response on accessibility requirements becomes part of the evaluation criteria • If agency needs to seek waiver from ITD, obtain now (before vendor selection) • Select vendor • Statement of Work (SOW) should include: • Milestone meeting re: ITD Standards and AT/IT Environment requirements for systems • Re-statement of vendor’s responsibility for testing, including for the discount or credit for cost of third party testing • Include testing cycle iterations • in deliverable acceptance/rejection process • Include provision for discount or credit based on testing results • Execute Contract

14. Procurement and Contract Management (cont’d) • Issue RFQ for third party tester • Contract will run between agency and third party tester • Seek credits/discounts from integration vendor for testing • ITD AT Lab can assist agency in choosing vendor and writing SOW. • If ITD’s AT Lab available to test, obtain specific time commitment from lab for accessibility testing • Before start of development: hold milestone meeting re: • accessibility requirements under ITD Standards; and • AT/IT Environment list. • As vendor releases deliverables • Third party IT Testing • Credits or discounts should result in contract amendment • Usability testing • Include disabled users and ADA/Civil Rights coordinators in testing; fold into user acceptance testing.

15. Process Overview PMT Review Draft RFQ; AT/IT List Post RFQ Vendor’s Bid no Issue 3rd Party RFQ Procure 3rd Party Tester Negotiate SOW Need a Waiver? yes ITD Grant Waiver? yes Execute Contract no yes Milestone Accessibility Meeting System Development Vendor Testing Third Party Testing Pass Test? Accept Deliverable no

16. ITD’s Next Steps • Establish a third-party AT vendor contract (in process, should be awarded this winter) • One year: review and revisit contract language

17. More Information • ITD Assistive Technology Lab (ATL) • Joe Lazzaro (617) 626-4410 or via e-mail • ITD Legal Unit • Linda Hamel (617) 626-4404 or via e-mail, • Stephanie Zierten (617) 626-4698 or via e-mail