Public Procurement of Accessible ICTs

1
Public Procurement of Accessible
ICTs
Asia-Pacific Regional Forum on Mainstreaming ICT
Accessibility for Persons with Disabilities 25-27
August 2009 Bangkok, Thailand Organized by ITU
and ESCAP

• Prepared by Cynthia D. Waddell
• ITU Senior Accessibility Consultant
• Executive Director, International Center for
  Disability Resources on the Internet

2
Overview

• Introduction
• Accessible ICT Mandates
• Procurement Policies
• Procurement Legislation
• Accessible Procurement Toolkits
• Resources

3
Introduction

• Public procurement is the process used by public
  agencies to acquire goods, services, works and
  other supplies
• The use of procurement policies as a social
  justice vehicle is a modern development in
  government contract agreements

4
Introduction

• Governments use public procurement policies to
  achieve socio-economic goals in at least five
  ways
• To stimulate national economic activity
• To protect against foreign competition
• To improve competition in certain economic
  sectors
• To remedy regional disparities and
• To achieve specific social policy goals.

5
Introduction

• How can public procurement impact accessibility?
• 16 of Europes Gross Domestic Product
• More than 25 of ICT purchases in USA
• Benefits persons with disabilities and elderly,
  but also general public
• Reduces Cost and Increases Choice in accessible
  ICT

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Introduction

• Three pre-requisites for accessible ICTS
• Accessible design- Accessibility has to be built
  into products and services, preferably at
  inception
• Availability- Accessible products and services
  must be offered to users
• Affordability- Price for access to products and
  services cannot be prohibitive

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Introduction

• Four Steps in Procurement Process of Accessible
  ICTs
• Request for Tenders
• Assessment of Vendors Tenders
• Product Development or Customization,
  Implementation and Evaluation
• Ongoing Maintenance

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Introduction

• Procurement Process
• 1.Request for Tenders- establishes ICT functional
  specification and may include the accessibility
  requirements by referencing national or industry
  standards

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Introduction

• Example of Request for Tenders
• NOTICE -- All electronic and information
  technology (EIT) procured through this Request
  for Tenders must meet the applicable
  accessibility standards of 36 CFR 1194. 36 CFR
  1194 implements Section 508 of the Rehabilitation
  Act of 1973, as amended, and is viewable at the
  following URL http//www.section508.gov

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Introduction

• Example of Request for Tenders (Contd)
• The following Section 508 technical standards
  are applicable to this Request for Tenders as a
  minimum Software Applications and Operating
  Systems (1194.21) Web-based Intranet and
  Internet Information and Applications (1194.22)
  and Video or Multimedia Products (1194.24).
  Vendors must state their level of compliance to
  applicable sections to be considered for purchase
  by providing a VPAT.

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Introduction

• Example of Request for Tenders (Contd)
• VPAT Voluntary Product Accessibility Template
  is a tool that sets forth each functionality
  requirement for accessibility.

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Introduction

• Example of Request for Tenders (Contd)
• VPAT enables vendors to self-disclose the extent
  their product meets the Electronic and
  Information Technology Accessibility Standards
• http//www.access-star.org/ITI-VPAT-v1.3.html

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Introduction

• Procurement Process
• 2. Assessment of Vendors Tenders-
  qualifications based on accessibility of previous
  work and accessibility of proposed solution

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Introduction

• Procurement Process
• Example of Vendor VPATs
• See US Government Database of VPATs in Buy
  Accessible Wizard at http//www.buyaccessible.gov/
  
• Microsoft HP
• http//www.hp.com/hpinfo/abouthp/accessibility/ch
  eck_product.html

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Introduction

• Procurement Process
• 3.Product development or customization,
  implementation and evaluation- user requirements
  in design process will include user testing for
  accessibility

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Introduction

• Procurement Process
• Example of User Testing Requirement All
  features of product must be able to be operated
  using the following Assistive Technology JAWS,
  Window-Eyes, ZoomText, Orca (free, open source)

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Introduction

• Procurement Process
• 4.Ongoing maintenance Product upgrades for
  Accessibility product or service can become
  inaccessible over time due to creation of
  inaccessible content or changes in user
  interface may require staff training to maintain
  accessibility as well as product upgrades
  previously not available

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Introduction

• Procurement Process
• Example of Contract Language Vendor will
  provide staff training on how to maintain
  accessibility of web content generated by the
  Vendor CMS product and provide any product
  upgrades needed to meet the software, web and
  video/multimedia accessibility standards of
  Section 508.

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Accessible ICT Mandates

• World Summit on Information Society
• Geneva Plan of Action (2003)
• Tunis Agenda (2005)
• UN Convention on Rights of Persons with
  Disabilities Definitions
• Articles 4, 9, 31, 32, 35
• National Laws Policies

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World Summit on the Information Society

• Geneva Plan of Action (2003)
• Requires national e-strategies to address the
  requirements of persons with disabilities,
  including promotion of research and development
  to facilitate ICTS for all

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World Summit on the Information Society

• Geneva Plan of Action (2003)
• See Action Line C2 paragraph 9(e) at
  http//www.itu.int/wsis/docs/geneva/official/poa.h
  tml

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World Summit on the Information Society

• Tunis Agenda (2005)
• Reaffirms equitable access to information and
  knowledge for all with target date of 2015 for
  building ICT capacity for all (Paragraph 90)

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World Summit on the Information Society

• Tunis Agenda (2005)
• Notes special attention to be paid to Universal
  Design as well as the use of assistive
  technologies that promote access for all
  (Paragraph 90(e))
• See http//www.itu.int/wsis/docs2/tunis/off/6rev1.
  html

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UN Convention on Rights of Persons with
Disabilities

• General Obligations (Article 4)
• - Requires States to undertake or promote
  research, development, availability and
  affordability of accessible ICT for persons with
  disabilities
• - Requires States to promote Universal Design in
  the development of standards and guidelines.

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UN Convention on Rights of Persons with
Disabilities

• General Obligations (Article 4)
• - Requires States to provide accessible
  information about new technologies and support
  services
• - Requires States to promote training on the
  Convention

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UN Convention on Rights of Persons with
Disabilities

• Accessibility (Article 9)
• - Requires States to address equal access to
  information, electronic and communications
  technology and emergency services

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UN Convention on Rights of Persons with
Disabilities

• Accessibility (Article 9)
• - Requires States to develop, promulgate and
  monitor implementation of accessibility standards
  and guidelines for facilities and services

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UN Convention on Rights of Persons with
Disabilities

• Accessibility (Article 9)
• - Requires States to ensure accessibility of
  private entity facilities services open to the
  public
• - Requires States to provide training on
  accessibility issues for stakeholders

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UN Convention on Rights of Persons with
Disabilities

• Accessibility (Article 9)
• - Requires States to promote accessible design
  of new ICTs, including the Internet
• - Requires States to promote accessibility at
  early stage of ICT product development

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UN Convention on Rights of Persons with
Disabilities

• Statistical Data Collection (Article 31)
• Requires States to collect data to assess
  Convention implementation and to identify
  barriers
• Data itself to be accessible

31
UN Convention on Rights of Persons with
Disabilities

• International Cooperation (Article 32)
• Requires States to facilitate research access
  to scientific technical knowledge
• Requires States to provide technical economic
  assistance

32
UN Convention on Rights of Persons with
Disabilities

• Reports by State Parties (Article 35)
• Each State shall submit to the Monitoring
  Committee a comprehensive report on measures
  taken to meet obligations under the Convention
• First report within two years of May 3, 2008
• Subsequent reports every 4 years

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UN Convention on Rights of Persons with
Disabilities

• Ratification of the Optional Protocol provides
  two additional forms of monitoring
• 1) Individual complaints can be submitted by an
  individual claiming breach of her rights under
  the Convention
• 2) Monitoring Committee is empowered to
  investigate gross or systematic violations of the
  Convention

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UNCRPD Definitions

• Disability is an evolving concept and results
  from the interaction between persons with
  impairments and attitudinal and environmental
  barriers that hinder full and effective
  participation in society on equal basis with
  others (UNCRPD Preamble)

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UNCRPD Definitions

• Example-
• Person using a wheelchair might have difficulty
  gaining employment not because of the wheelchair,
  but because of the inaccessible buses or
  staircases that impede access.

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UNCRPD Definitions

• Persons with disabilities include those who have
  long-term physical, mental, intellectual or
  sensory impairments which in interaction with
  various barriers may hinder their full and
  effective participation in society on an equal
  basis with others. (UNCRPD Article 1)

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UNCRPD Definitions

• Universal Design is the design of products,
  environments, programmes and services to be
  usable by all people, to the greatest extent
  possible, without the need for adaptation or
  specialized design. Universal design shall not
  exclude assistive devices for particular groups
  of persons with disabilities where this is
  needed. (UNCRPD Article 2)

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UNCPRD Resource

• Handbook for Parliamentarians on the
  Convention
• Available Free Online at
  
• www.un.org/disabilities

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National Laws Policies

• States Parties to the UN Convention on Rights of
  Persons with Disabilities are aligning their
  national laws and policies
• 139 Signatories to UNCRPD
• 82 Signatories to the Optional Protocol
• 58 Ratifications of the Convention
• 36 Ratifications of the Optional Protocol
  as of
  June 2009

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Procurement Policies

• Even if a State does not have procurement
  legislation for accessible ICTs or has not signed
  the Convention, there are at least 10 public
  policy mechanisms that can be used for promoting
  accessible ICTS
• 1) In Request for Tenders, specify the
  accessible ICT requirements for the product
  and/or service to be purchased

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Procurement Policies

• 2) Specify the processes by which the
  contract must be delivered
• 3) Specify the qualifications of who can
  tender for the contract and/or develop supplier
  selection criteria

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Procurement Policies

• 4) Influence the supply chain by including
  qualifications for sub-contractors
• 5) Allow bid protests for contract awards based
  on best solution for accessibility

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Procurement Policies

• 6) Establish tender scoring criteria for
  accessibility, such as providing more points
  for accessibility features
• 7) Grant price preferences to selected tenderers
  who demonstrate expertise in accessibility design
  and development

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Procurement Policies

• 8) Enable selected tenderers to match lowest
  offers
• 9) Impose conditions to regulate post-award
  delivery of the contract to ensure accessibility
  conformance and
• 10) Impose accessible ICT training
  requirements.

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Industry Accessible ICT Technical Design Standards

• Emerging field with international standards
  community becoming increasing active
• JTC1 Special Working Group on Accessibility-
  http//www.jtc1access.org/
• ITU Total Conversation Service

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Industry Accessible ICT Technical Design Standards

• European Commission Mandate 376 to European
  Standardization Organizations (ICT accessibility
  requirements for public procurement of products
  and services in the ICT domain)

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Procurement Legislation

• Australia- Disability Discrimination Act of 1992
  requires private public websites to be
  accessible
• WCAG 1.0 Level AA or Priority Level 2
• http//www.hreoc.gov.au/disability_rights/standard
  s/www_3/www_3.html

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Procurement Legislation

• Japan- Article 10, Persons with Disabilities
  Fundamental Law Realization of barrier free
  information products and services supplied to
  the government are required to have considered
  ICT accessibility based on a series of existing
  standards

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Procurement Legislation

• Japan- Japanese Industrial Standards
• JIS X- Address Information Processing
• See http//www.jsa.or.jp/default_english.asp

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Procurement Legislation

• USA- 1998 Amendments to Rehabilitation Act
  strengthened Section 508 and authorized
  Electronic and Information Technology
  Accessibility Standards for procurement
• See http//www.access-board.gov/sec508/standards.h
  tm

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Procurement Legislation

• Hungary- Act 2003 CXXIX requires that in all
  public procurement special needs of persons with
  disabilities are to be taken into consideration
• University Library for Visually Impaired People
  at Eötvös Loránd University and the Municipal
  Library "Szabó Ervin
• See MeAC Report in Bibliography for URL

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Procurement Legislation

• Lithuania- Law on Public Procurement, 22 December
  2005, No. X-471
• Option to allow participation in tenders only for
  entities employing a certain percentage of
  persons with disabilities
• Requires procurement specifications to include
  accessibility requirements whenever possible
• See MeAC Report in Bibliography for URL

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Roadmap for Procurement Legislation

• Disclaimer These 15 steps in the Roadmap for
  Procurement Legislation may need to be adjusted
  due to the unique Legal, Governmental, and
  Institutional structures in your Country

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Roadmap for Procurement Legislation

• For purposes of this roadmap exercise, ICT is
  defined to include information technology and any
  equipment or interconnected system or subsystem
  of equipment, that is used in the creation,
  conversion, or duplication of data or
  information.

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Roadmap for Procurement Legislation

• 1. Before enacting legislation as outlined in
  this roadmap, review existing ICT procurement
  legislation to identify gaps and changes needed
  before enacting accessible ICT procurement
  legislation.

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Roadmap for Procurement Legislation

• 2. Statute Requires that Persons with
  Disabilities have access to and use of
  information and data that is comparable to the
  access and use by persons without disabilities,
  unless an undue burden would be imposed on the
  Government entity. 

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Roadmap for Procurement Legislation

• 3. Statute gives power to Regulatory or
  Government entity, i.e. Office of Technology, to
  establish Accessibility Standards for ICT
  compatible with specific standards (such as
  Section 508) for the technology infrastructure of
  the State.

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Roadmap for Procurement Legislation

• 4. Statute Requires all Government entities to
  procure ICT that meets the Accessibility
  Standards set by the Office of Technology.

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Roadmap for Procurement Legislation

• 5. Statute provides a complaint process for
  persons with disabilities to file a disability
  rights claim against a Government entity for
  failure to procure accessible ICT.

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Roadmap for Procurement Legislation

• 6. Statute provides that the remedy for a
  violation of the Accessibility Standards is for
  the Government to correct it.

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Roadmap for Procurement Legislation

• 7. Statute Requires All Government entities to
  conduct periodic surveys of existing ICT for
  barrier removal and report their findings to the
  Office of Technology.

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Roadmap for Procurement Legislation

• 8. Statute Requires the Office of Technology to
  develop an implementation plan for ICT
  accessibility that will remove barriers.

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Roadmap for Procurement Legislation

• 9. Statute Requires the Office of Technology to
  have oversight over the implementation of the
  barrier removal plan throughout Government.

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Roadmap for Procurement Legislation

• 10. ICT Database is Created by Government to
  Track Accessible ICT Procurements and barrier
  removal.

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Roadmap for Procurement Legislation

• 11.Under a statutory or regulatory process, all
  Government Procurement Policies and Practices are
  Reviewed and Revised to Incorporate Accessibility
  Standards in ICT Procurement.

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Roadmap for Procurement Legislation

• 12. Under a statutory, regulatory or contractual
  process, all ICT procured by Government entities
  is subject to validation and testing requirements
  for conformance to the Accessibility Standards.

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Roadmap for Procurement Legislation

• 13. Under a statutory or regulatory process, new
  Government Policies include the requirement that
  ongoing Contracts not be renewed without
  addressing Accessibility Standards.

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Roadmap for Procurement Legislation

• 14. Training and tools on accessible ICT
  procurement is provided to all Government
  Procurement Staff.
• 15. Training and tools on Accessible ICT is
  provided for Vendors.

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Best Practices- Accessible Procurement Toolkits

• Canada
• Ireland
• United States

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Best Practices- Accessible Procurement Toolkits

• Procurers of Accessible ICT Benefit from the Use
  of Procurement Toolkits
• Toolkits help procurers to understand
  accessibility and write Requests for Tenders
• Toolkits assist in meeting legislation and/or
  public policy requirements and
• Toolkits help procurers to set accessibility
  requirements for products and services

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Best Practices- Accessible Procurement Toolkits

• CANADA www.apt.gc.ca
• Available free for anyone planning to procure
  mainstream technology or services
• Informs public procurers about accessibility
  requirements and standards based on Universal
  Design principles
• Adds accessibility clauses to purchasing
  documents

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Best Practices- Accessible Procurement Toolkits

• CANADA www.apt.gc.ca
• Vendors are informed as to what accessibility
  standards apply to their products
• Vendors can compare conformance level of their
  products to government, national or industry
  standards

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Best Practices- Accessible Procurement Toolkits

• IRELAND accessit.nda.ie
• Free online tool for accessible ICT procurement
• Provides principles of accessible procurement
• Covers stages of procurement

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Best Practices- Accessible Procurement Toolkits

• IRELAND accessit.nda.ie
• Provides accessibility targets and supporting
  information
• Covers web accessibility, public access
  terminals, software, telecoms and smart cards
• Provides tools in writing procurement policy

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Best Practices- Accessible Procurement Toolkits

• USA www.buyaccessible.gov
• Free online tool Buy Accessible Data Center
  Training
• Uses Vendor Statements on Accessibility of their
  IT Products Services Voluntary Product
  Accessibility Template (VPAT)

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Resources

• See Workshop Bibliography including
• 2008 Lusaka Background Paper for ITU Regional
  Workshop on ICT Accessibility for Persons with
  Disabilities for the Africa Region (English
  French)

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Contacts

• Cynthia WADDELL
• ITU Senior Accessibility Consultant
• Executive Director
• International Center for Disability Resources on
  the Internet (ICDRI)
• E-mail Cynthia.Waddell_at_icdri.org
• Web www.icdri.org