“Thanks for the great training! I learned quite a bit and I am sure that our developers gained a better knowledge of the 508 standards.”
Arkansas California Indiana Kentucky Louisiana Maine Maryland Massachusetts Minnesota Missouri Montana Nebraska New York North Carolina Oklahoma Texas Virginia
Section 508 refers to a statutory section in the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d). Its primary purpose is to provide access to and use of Federal executive agencies’ electronic and information technology (EIT) by individuals with disabilities. Section 508 generally requires Federal agencies to ensure that their procurement of EIT takes into account the needs of all end users – including people with disabilities. Doing so enhances the ability of Federal employees with disabilities to have access to and use of information and data that is comparable to that provided to others.
However, did you know that individual states are rapidly adopting Section 508 “like” requirements of their own? For IT vendors who are seeking state government contracts, the need for IT accessibility compliance is just as relevant today to do business with many states as it is has been for federal government contracting opportunities.
In this issue we will explore state IT accessibility requirements and provide you with links to individual state procurement requirements. Although most states have IT accessibility guidelines or standards, the states listed immediately below should be of most concern to vendors due to the fact that their IT accessibility initiatives have been incorporated into their procurement requirements. Because these states have made IT accessibility a procurement requirement, IT vendors that cannot demonstrate their compliance may be at risk of loosing contracting opportunities to competitors who have achieved compliance for their own IT solutions. Given the increasing occurrence of contract award protests over IT accessibility compliance requirements like Section 508, any IT vendor serious about doing business with the states listed below should have their IT solutions tested and thoroughly documented for accessibility compliance.
Remember, most IT accessibility procurement laws require some type of documentation from the prospective vendor to back up their claims of accessibility compliance. Have your IT solutions tested and the results thoroughly documented by a reputable independent third-party auditor prior to bidding on a government contracting opportunity!
The following is a listing of states that have adopted IT accessibility procurement requirements, similar in whole or in part to federal Section 508 standards.
http://www.tic.state.ar.us/SpecTopics/SEA/SEA_Home.htm
"In 1999 the Arkansas legislature passed Act 1227 requiring that all information technology purchased with state funds must be readily accessible by nonvisual means. Since that time the TIC has put forth a continual effort to...Investigate the accessibility issues for products being considered for purchase or development..."
http://sam.dgs.ca.gov/TOC/4800/4819.41.htm
"A signed certification of compliance with state information technology policies is required for all information technology procurements that cost $100,000 or more and are in support of a development effort. Development is defined in SAM Section 4819.2 as 'Activities or costs associated with the analysis, design, programming, staff training, data conversion, acquisition, and implementation of new information technology activities.' Procurements of hardware, software, and services (including interagency agreements) are included in this requirement..."
http://www.in.gov/legislative/ic/code/title4/ar23/ch16.html
"SECTION 1. There is established the state information technology oversight commission...
"Sec. 8. (a) Except as provided in subsection (b), all requests and contracts for information technology consultants and contractors, all requests and contracts for facilities management contractors, all requests and contracts for computer equipment or software rental, lease, or acquisition, and all requests for the sharing of either data or systems with any other agency of state, local, or federal government or with any nongovernmental entity must be submitted to the commission, or to the designee of the commission, for review and approval. The commission may not approve a request or contract submitted under this section unless the request or contract complies with the accessibility standards developed under section 12 of this chapter."
http://www.lrc.state.ky.us/recarch/00rs/SB315/HFA1.doc
"Create new sections of KRS Chapter 61 to define terms; require state and state-assisted entities to insure that information technology equipment and software used by the entity provide access to blind or visually impaired, and deaf or hard of hearing individuals; require technology access clause in contracts for the purchase of information technology; require Finance and Administration Cabinet to develop the technology access clause and nonvisual access standards; establish that existing equipment when upgraded be brought into compliance; permit a person injured by a violation of access requirement to seek injunctive relief."
http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=39§ion=302
RS 39:302
§302. Adaptation for the disabled
To the extent possible, and except as constrained by its appropriation for technology purchases, a state agency shall take reasonable steps relative to procurement to ensure that state employees who are disabled have access to data processing equipment, related services, and software that has been adapted in a manner to enable such technology to be used by such disabled state employees to the extent necessary to perform job-related duties.
Acts 1997, No. 927,§ 2; Acts 2001, No. 772,§ 3, eff. July 1, 2001.
http://www.state.me.us/cio/accessibility/purchasing_memo.html
"...On January 13, 1998, the Information Services Policy Board approved the Computer Application Program Accessibility Standard. The requirements in this standard are a significant first step in enhancing accessibility to persons with disabilities and frequently improve the overall ease of access to all users. The text of the standard can be found on the CIO's Accessibility page. http://www.state.me.us/cio/accessibility/software_policy.html
"Effective immediately, the Division of Purchases requires that this text be included in all request for proposals which require application development, software licenses or enhancements. The standard must also be used in all sole source or renewal contracts for similar services..."
http://mlis.state.md.us/cgi-win/web_statutes.exe?gsf&3-412
Article - State Finance and Procurement § 3-412.
(b) (1) Except as provided in paragraph (2) of this subsection, the nonvisual access clause required under subsection (a) of this section shall be included in each invitation for bids or request for proposals and in each procurement contract or modification of a contract issued under Title 13 of this article, without regard to the method chosen under Title 13, Subtitle 1 of this article for the purchase of new or upgraded information technology and information technology services.
http://www.lawlib.state.ma.us/ExecOrders/eo348.txt
William F. Weld, Governor (Amending Executive Order No. 344) 1993
Establishing The State Policy For Providing Access To Electronic Equipment And Information Technology For Citizens With Disabilities
"1. All state agencies will develop procedures for identifying electronic equipment and telecommunication access needs of present and potential employees and consumers and for providing electronic equipment and telecommunications access as needed.
"2. In carrying out the Commonwealth's commitment to providing equal access, the Department of Procurement and General Services and all other purchasing divisions shall develop procurement policies and other related documents that shall incorporate language relating to bid selection criteria for blanket contracts, that will provide for equal access electronic equipment and information technology by focusing on functional performance rather than specific brands or manufacturers."
http://www.revisor.leg.state.mn.us/stats/16C/145.html
16C.145 Nonvisual technology access standards.
(a) "The commissioner shall develop nonvisual technology access standards. The standards must be included in all contracts for the procurement of information technology by, or for the use of, agencies, political subdivisions, and the Minnesota state colleges and universities. The University of Minnesota is encouraged to consider similar standards.
http://www.house.state.mo.us/bills02/biltxt02/truly02/HB2117T.HTM
191.863. 1. "The council shall work in conjunction with the office of information technology to assure state compliance with the provisions of Section 508 of the Workforce Investment Act of 1998 regarding accessibility of information technology for individuals with disabilities.
2. "When developing, procuring, maintaining or using information technology, or when administering contracts or grants that include the procurement, development, or upgrading of information technology, each state department or agency shall ensure, unless an undue burden would be imposed on the department or agency, that the information technology allows employees, program participants and members of the general public access to and use of information and data that is comparable to the access by individuals without disabilities..."
http://data.opi.state.mt.us/bills/mca/18/5/18-5-601.htm
18-5-601. Findings — policy. (1) "The legislature finds that...
(2) "It is the policy of this state that all state programs and activities be conducted in accordance with the following principles:
(a) "Individuals who are blind or visually impaired have the right to full participation in the life of the state, including the use of information technology that is provided by the state for use by employees, program participants, and the public.
(b) "Technology purchased in whole or in part with funds provided by the state that is to be used for the creation, storage, retrieval, or dissemination of information and that is intended for use by employees, program participants, and the public must be accessible to and usable by individuals who are blind or visually impaired."
http://www.nitc.state.ne.us/standards/accessibility/tacfinal.htm
"Neb. Rev. Stat. Section 73-205 requires the Commission for the Blind and Visually Impaired, Nebraska Information Technology Commission, and the Chief Information Officer, in consultation with other state agencies and after at least one public hearing, to develop a technology access clause to be included in all contracts entered into by state agencies on and after January 1, 2001...
"The intent and purpose of these standards is to ensure that the needs of Nebraskans with disabilities are met through reasonable accommodation of the information technology products and services of the state. Future information technology products, systems, and services including data, voice, and video technologies, as well as information dissemination methods, will comply with the following standards to the greatest degree possible."
http://www.oft.state.ny.us/policy/96-13.htm
PURPOSE
"It is the policy of the State that persons, including those with disabilities, have equivalent access to electronic equipment and information technology. Such access applies to current and prospective employees with disabilities, as well as to citizens with disabilities who need to access State offices and public information services. The purpose of this Technology Policy is to review the underlying statutory requirements and to provide guidelines to be followed by State agencies regarding accessibility to technology for persons with disabilities."
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?0168A
§ 168A-7. Discrimination in public service.
(a) "It is a discriminatory practice for a State department, institution, or agency, or any political subdivision of the State or any person that contracts with the above for the delivery of public services including but not limited to education, health, social services, recreation, and rehabilitation, to refuse to provide reasonable aids and adaptations necessary for a known qualified person with a disability to use or benefit from existing public services operated by such entity; provided that the aids and adaptations do not impose an undue hardship on the entity involved. This subsection includes equivalent services provided via information technology.
(b) "A State department, institution, or agency, any political subdivision of the State, and any person that contracts with these entities for the delivery of public services shall administer its services programs, and activities in the most integrated setting appropriate to the needs of persons with disabilities.(1985, c. 571, s. 1; 1999-160, s. 1; 2002-163, s. 3.)"
http://www.dcs.state.ok.us/OKDCS.nsf
Search site using "Central Purchasing Act 85.7"
Effective July 1, 2002 unless otherwise noted
§ 85.7. Competitive Bid Procedures
"A. 1. Except as otherwise provided by the Oklahoma Central Purchasing Act, no state agency shall make an acquisition for an amount exceeding Twenty-five Thousand Dollars ($25,000.00) without submission of a requisition to the State Purchasing Director and submission of suppliers' competitive bids or proposals to the State Purchasing Director...
"15. Purchases available pursuant to a multistate or multigovernmental contract through the Purchasing Division, if the terms of the contract are more favorable to or will result in more favorable terms, conditions, accessibility, prices, control, or efficiency for the state than purchasing from a company distributing to state agencies through a statewide contract or other contract shall be exempt from competitive bidding procedures."
http://www.governor.state.tx.us/divisions/disabilities/resources/keylaws/access
§ 2157.005. Technology Access Clause
(a) "The commission and the Department of Information Resources, in consultation with other state agencies and after public comment, shall develop a technology access clause to be included in all contracts entered into by the state or state agencies that involve the acquisition of an automated information system.
(b) "State funds may not be expended in the purchase of an automated information system unless the contract contains the technology access clause. The clause must read as follows:
"The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the vendor represents and warrants to (name of state agency) that the technology provided to (name of state agency) for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology..."
http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0237
"...A. Information technology and telecommunications goods and services of every description shall be procured by (i) VITA for its own benefit or on behalf of other state agencies and institutions or (ii) such other agencies or institutions to the extent authorized by VITA. Such procurements shall be made in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.), regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973 (29 U.S.C. § 794d), as amended, and any regulations as may be prescribed by VITA. In no case shall such procurements exceed the requirements of the regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended."
The above Virginia standards or guidelines are based on:
Section 508
Source: Information Technology Technical Assistance And Training Center
For More Information About ITTATC, Visit: http://www.ittatc.org/index.cfm