Section 508, Rehabilitation Act Amendments of 1998

1
Section 508, Rehabilitation Act Amendments of 1998
508 Wheel508 Wheelchair Person

• Briefing
• Organization
• August 6, 2001

2
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.

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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

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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

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What is Sec. 508 NOT 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

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What is included in electronic 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

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Cont. What is included in electronic
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)

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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
  providealternative 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.

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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

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cont. What are the EIT general 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

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How does Procurement 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.

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cont. How does Procurement 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

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What circumstances trigger 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 Boards
  technical provisions, or best addresses those
  technical provisions where no product fully meets
  the technical provisions

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How does the Requiring Official document undue
burden?

• Recommended Undue Burden Exception Determination
  Certification
• The requiring officials 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

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cont. How does the Requiring Official document
undue 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.

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cont. How does Procurement 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)

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What are the acquisition 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.

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cont. What are the acquisition 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

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What are some specific acquisition inclusions for
compliance (eff. 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
  (BPAs)
• Purchases against basic ordering agreements
  (BOAs)
• 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)

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cont. What are some specific acquisition
inclusions for 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

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How will Procurement implement?

• Educate customers
• Encourage advanced joint acquisition planning
  with procurement
• Heed the OCIOs 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

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cont. How will 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 teams judgment as to the product that
  BEST meets the standards, even if not all of
  them, minimum agency needs

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cont. How will Procurement implement?

• No Government-approved list of compliant products
  due to endorsement liability

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What are customer 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).

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cont. What are customer 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

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What are agency responsibilities?

• Educate the workforce (classes, Web sites, etc.)
• Coordinate across whole agencyCIO, procurement,
  HR, etc.
• Implement and enforce effective June 25, 2001
• CIOs conduct oversight responsibility
• Procurement has implementation responsibility
• Human Resources/Personnel has enforcement
  responsibility manage administrative complaints
• Provide injunctive relief attorneys fees
  (compensatory or punitive damages excluded)

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cont. What are agency responsibilities?

• Manage increased procurement protests
• General Counsel manages civil actions
• Educate the vendor community
• ALL FEDERAL EMPLOYEES HAVE AN AWARENESS AND
  COMPLIANCE RESPONSIBILITY

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What Sec. 508 reporting will be 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

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What will be potential Sec. 508 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

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What are some Sec. 508 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/508/508ho
  me.html
• Access Board standards http//www.access-board.gov
  /sec508/508standards.htm
• Government Computer News at www.gcn.com/Resource/s
  ection508/index.html
• Some 18,000 accessibility products at
  www.abledata.com

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cont. What are some Sec. 508 resources?

• A good Web links source is www.kansas.net/cbasloc
  k/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)
• IRSs 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/

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Treasury Sec 508 contacts?

• Organizations specific Section 508 Coordinators
  - name, phone email address
• Patty Haverstick, OCIO, 202/622-1525,
  patty.haverstick_at_cio.treas.gov
• Richard Miller, Office of Procurement,
  202/622-8136, richard.miller_at_do.treas.gov