General Services Administration

1. General Services Administration Policy, the Procurement Process, the Buy Accessible Wizard, and Purchasing Section 508 Conformant Products & Services Helen Chamberlain Governmentwide Section 508 Program Director Office of Governmentwide Policy

2. Agenda • Difference Between Accessibility, Accommodation, and Assistive Technology • Why Accessibility is Important • Section 508 - The Law • Resources to Help with Procurements

3. Definitions • Three important terms • All three start with “A” • They are NOT interchangeable 3 Important Terms Accessibility Accommodation Assistive Technology

4. Accessibility • Focuses on ensuring the E&IT can be accessed by persons with disabilities • An example would be ensuring that the agency time and attendance system works, so that persons accommodated with screen readers can successfully use the system to get paid 3 Important Terms Accessible design allows the use of assistive technology

5. Accommodation • Focuses on the person, on providing needed technology to allow people to do their jobs • An example would be providing a screen reader to a visually impaired person 3 Important Terms Assistive Technology can be provided as an accommodation, but requires accessible E&IT to be useful – required by Section 508

6. Assistive Technology • “any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities” Source of AT definition – Assistive Technology Act of 1998 (29U.S.C) 3 Important Terms

7. AT Assistive Technology Model User Computer Assistive Technology fits between the user and the computer, addresses functional limitations AT can be focused on: • Input • Output • Both

8. Why is Accessibility Important? • More than a billion people are estimated to live with some form of disability, which is about 15% of the world’s population (based on WHO 2010 global population estimates). In Australia, this represents nearly 20% of the population. The number of people with disabilities is growing as national populations grow older and global chronic health conditions, such as diabetes, increase. Yet statistics show that Australia ranks at the very bottom of all OECD (Organisation for Economic Cooperation and Development) nations for their treatment of the disabled, with 45% of disabled people in this country living in or near poverty. (PricewaterhouseCoopers, The Australian, 3 May 2012) Using digital technologies can be a problem not just for the visually impaired but a much wider section of the community. Hearing impairment, dementia, arthritis, attention deficit disorder and dyslexia are just some of the conditions that can make it hard for people to utilize the Web. By making websites and digital technologies accessible, we help to create an inclusive environment for people with a disability. Accessible websites enable people to make independent decisions, and provide greater opportunity for participation, interaction, education and employment.

9. It happens more often than you'd imagine • Just over 1 in 4 of today's 20 year-olds will become disabled before they retire. (SSA) • Over 36 million Americans are classified as disabled; about 12% of the total population. • More than 50% of those disabled Americans are in their working years, from 18-64.(Census) • 8.3 million disabled wage earners, over 5% of U.S. workers, were receiving Social Security Disability (SSDI) benefits at the conclusion of March, 2011. (SSA)

10. Do you have problems with:

11. Flickering Seizures can be triggered by blinking on-screen elements in the 2Hz to 55Hz range (2 to 55 times per second)

12. Hearing Accommodation Closed Captioning

13. Section 508 Overview

14. Section 508 of the Rehabilitation Act • December 2000 amendment to Section 508 sets forth a definition of Electronic & Information Technology (EIT) and the technical and functional performance criteria for Section 508 conformance • Enacted to: • Eliminate barriers in information technology • Make available new opportunities for people with disabilities • Encourage development of technologies that will help achieve these goals • Section 508 mandated GSA and the Access Board to provide technical assistance to the Federal Government 14

15. What does Section 508 Apply To? • Section 508 applies to ALL EIT contract vehicles and procurement actions, including micro-purchases. • All EIT that is “procured, maintained, developed, or used” • Note: Section 508 accessible documentation and support should be included in every solicitation since all deliverables are in electronic format even if it is not an EIT contract.

16. Who does Section 508 Apply To? Section 508 applies to the Federal Departments and Agencies and the US Postal Service

17. Why Enforce the Law? • It’s the right thing to do • An agency can be sued • YOU have a vested interest

18. Section 508 Standard • Subpart A – General • Subpart B – Technical provisions • Subpart C – Functional performance criteria • Disabilities addressed: hearing, speech, vision, dexterity. mobility • Subpart D – Documentation and support

19. Dissecting the Standard • Subpart B consists of standards for: • 1194.21 Software applications/operating systems • 1194.22 Web-based information and applications • 1194.23 Telecommunication products • 1194.24 Video and multimedia products • 1194.25 Self-contained, closed products • 1194.26 Desktop and portable computers

20. Dissecting the Standard • 1194. 31 Subpart C – Functional Performance Criteria • Technologies or components for which there is no specific requirement under the technical standards in Subpart B • Covers operation, including input and control functions, operation of mechanisms, and access to visual and audible information

21. Dissecting the Standard 1194.41 Information, Documentation & Support • The standards also address access to all information, documentation, and support provided to end users (e.g., Federal employees) of covered technologies. This includes user guides, installation guides for end-user installable devices, and customer support and technical support communications. Such information must be available in alternate formats upon request at no additional charge. • NOTE: This should be included in every solicitation whether or not it is EIT

22. First Cell Phone - 1973

23. First Portable Computer - 1981

24. First Website - 1991

26. How does Section 508 affect Procurements? • Requirements Development (SOW, PWS) • Market Research • Evaluation Factors • Selection • Deliverable Acceptance

27. Requiring Authority Responsibilities Identify Section 508 requirements and include in SOW Conducting market research Coordinate with: IT Specialist to: Identify 508 technical requirements IT Testers to: Identify inspection and acceptance criteria for deliverables Program Management to: Determine proposal evaluation factors Contracting Officers to: Ensure that accessibility requirements, inspection and acceptance criteria, and evaluation factors are appropriately represented in the solicitation Participate in proposal evaluation

28. Contracting Officer Responsibilities • Ensuring that the Requiring Authority : • Properly identifies Section 508 technical requirements • Conducts market research • Documents Section 508 due diligence (BAW) • Ensure that requirements, inspection and acceptance criteria and evaluation factors are appropriately represented in the solicitation • Participates in proposal evaluation • Makes sure the solicitation is in an accessible format

29. CIO Responsibilities • CIO is responsible for: • Identifying current needs for IT purchases • CIO may coordinate with Requiring Authority to: • Identify applicability and Section 508 technical requirements • Determine inspection and acceptance criteria for deliverables • Determine program evaluation factors • Conducting accessibility testing

30. Agency EIT Developers Responsibilities • Agency EIT Developers (internal to agency) are responsible for ensuring compliance with Section 508, including: • Identifying Section 508 technical requirements • Identifying inspection and acceptance criteria for deliverables

31. What Makes a Successful Program • Where program is located within organization • Dedicated 508 Coordinator (not 5%) • Strong policies & procedures • Resources (FTE or contract support) • Building relationships with stakeholders • EIT procurement/acquisition support • Testing/remediation capabilities • Training/outreach

32. Section 508 Policy • Section 508 Strategic Plan • Exceptions • Section 508 Refresh • FAR • Section 508 Assessments • Evaluation Criteria • VPATS/GPATS • Micro Purchases • Buy Accessible Wizard Tool

33. Strategic Plan • January 2013, the White House released: “Strategic Plan for Improving Management of Section 508 of the Rehabilitation Act.” • Federal agencies must appoint a 508 coordinator • Federal agencies must post an accessibility statement on their website • Federal agencies must assess their 508 program and submit a report to OMB

34. Section 508 Exceptions • National Security • Any EIT operated by agencies, the function, operation, or use of which involves intelligence activities, cryptologic activities related to national security, command and control of military forces, equipment that is an integral part of a weapon or weapons system, or systems which are critical to the direct fulfillment of military or intelligence missions. Systems which are critical to the direct fulfillment of military or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

35. Section 508 Exceptions • Incidental to a Contract: • This part does not apply to electronic and information technology that is acquired by a contractor incidental to a contract. • Back Office: • Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this part (phone closets, router rooms, fiber optics)

36. 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. • Agencies are required by statute to document the basis for an undue burden. Requiring officials should be aware that when there is an undue burden, the statute requires an alternative means of access to be provided to individuals with disabilities. • Approval process determined by agency policy

37. Section 508 Refresh • Still a Proposed Rule • NPRM • Comment Period • Final Rule Approval • Proposed Differences • Current Rule is technical • Technical Standards • Proposed Rule is application based • WCAG2.0 AA

38. FAR Part 39.2 Acquisition of EIT states: • 39.201  Scope of subpart. • (a) This subpart implements Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR Part 1194). • (b) Further information on Section 508 is available via the Internet at http://www.section508.gov. • (c) When acquiring EIT, agencies must ensure that— • (1) 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; and • (2) Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities.

39. Solicitation Assessment Progress From Inception to Date 39

40. VPATS and GPATS • What is a VPAT? • Voluntary Product Accessibility Template • Industry created form • Who uses it? • What is a GPAT? • Government Product Accessibility Template • Output from BAW • How is it used?

41. Micro Purchases • Section 508 still applies! • Still have to do market research • Purchases under $3000 • Usually with a Credit Card • Can use the Buy Accessible Wizard • Can use the Quick Links

42. Buy Accessible Wizard Tool • What is it? • Who should use it? • How can it help? • Market Research • How do I get started? • Features • Where do I get training?

43. What is the Buy Accessible Wizard? • The Buy Accessible Wizard is a web-based tool that: • Guides users through the acquisition process, gathering data and providing information about Electronic and Information Technology (EIT) and Section 508 compliance • Compiles a running summary documenting the process and its results • The Vendor Accessibility Resource Center (VARC) has access to vendor provided accessibility information

44. Who Should Use the BA Wizard? • Requirements Officials – responsible for writing SOW and providing requirements for the procurement • Technical specialists (IT) - determine IT requirements • Micro purchasers (IT) with government purchase cards • Anyone else involved in the procurement process • Who are the Gate Keepers • Procurement officials – responsible for monitoring procurements and regulations (gate keeper) • Contract officers – responsible for the contract award process (gate keeper) • Contract Specialists – responsible for preparing RFQ/RFP

45. How Can the Wizard Help Your Agency? • Standardize the acquisition process by documenting your procedures to demonstrate Section 508 due diligence • Market Research recording within the tool • Tailor your solicitations by ensuring there is specific Section 508 language and technical requirements in solicitations

46. Market Research Why do it? • It’s FAR Requirement • It’s used to gauge the state of the EIT industry in meeting your requirements with products and services • Method for identifying products that claim to meet section 508 requirements

47. BAW Features • Supplemental Guides for post-solicitation support: • GPAT: indicates how proposed solution addresses the applicable Section 508 requirements • Evaluation Guide: helps to evaluate various proposals based on commercial availability of applicable provisions as determined by the wizard. (pre filled) • Acceptance Guide: evaluate acquisition deliverables against applicable provisions as determined by the Wizard, based on generally accepted inspection and/or test methods.

48. Section 508 BAW Quick Links

49. What are Quick Links • Common and standard deliverables • (products and services)

50. Quick Links Currently Provide • Standard definition of the deliverable • GPAT: • Technical standards (Subpart B) • Functional performance criteria (Subpart C) • Information, documentation and support (Subpart D) • Solicitation language: • Section 508 Program Need (Section B) • Section 508 Product Requirements (Section C) • Section 508 Evaluation Factors (Section M) • Section 508 Acceptance Criteria (Section E)