[SEC508] Re: [WebAIM] Accessible Applications

["Darian Glover" <darian.glover@gmail.com>]

There is has been a very thoughtful discussion on what I previously wrote (see below).  I did not intend to imply that VPATs themselves were required by law.  This is not the place to discuss the finer details between Federal law, regulations, policy, mandates, guidance, etc. and I am no lawyer.  But I will try to break it down if only academic purposes.

As some have pointed out the Federal Acquisition Regulation (FAR) has language that requires  agency heads to ensure "acquisition planners...address Electronic and Information Technology Accessibility Standards."  The FAR goes on to state a policy to "assess the availability of electronic and information technology."  The FAR requirement for "market research" cites a subpart that states "The requiring official must document in writing the nonavailability, including a description of market research performed and which standards cannot be met, and provide documentation to the contracting officer for inclusion in the contract file."  (Full text of all of this is below.)

We have the law (Section 508).  We have a regulation (FAR) that provides related policy and requirements.  The key piece to take away is that during the procurement process documentation is required on "which standards cannot be met."

This is where VPATs come in.  Or more specifially an industry group and the General Services Administration:

"The Information Technology Industry Council (ITI) is committed to helping the Federal Government implement Section 508 of the Rehabilitation Act. In 2001, ITI partnered with the U.S. General Services Administration (GSA) to create a simple, Internet-based tool to assist Federal contracting and procurement officials in fulfilling the new market research requirements contained in the Section 508 implementing regulations. The result: the Voluntary Product Accessibility Template(TM), or VPAT(TM)."

Who is this ITI?  According to their web site they are "the premier group of the nation's leading high-tech
        companies and widely recognized as the tech industry's most effective
        lobbying organization in Washington, in various foreign capitals, and
        the WTO."  Their membership includes the likes of Apple, Microsoft, Oracle, and even eBay.

So documentation on how procured Electronic and Information Technology (EIT) is not accessible is required.  An industry group worked with the GSA to produce a standard way of documenting this, the VPAT.  Other forms of documentation will do, but why reinvent the wheel?

Now there may be a question as to what exactly is EIT.  That's defined in:

36 CFR Part 1194 
Subpart B — Technical Standards

    1194.21 Software applications and operating systems.
    1194.22 Web-based intranet and internet information and applications.
    1194.23 Telecommunications products.
    1194.24 Video and multimedia products.
    1194.25 Self contained, closed products.
    1194.26 Desktop and portable computers.


All of this is only a small amount of the paperwork we have here in Washington, DC.  Some very well intentioned red tape.  Again, I'm not a lawyer nor am a procurement official.  I'm a cog that tries to keep things moving forward.


Darian.



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Section 508

"In 1998, Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual's ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. ' 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others. It is recommended that you review the laws and regulations listed below to further your understanding about Section 508 and how you can support implementation."


"Americans with Disabilities Act (ADA) - Prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. The ADA requires that reasonable accommodations be provided in meeting the needs of individuals with disabilities. Additional technical assistance regarding the ADA is available through the ADA Technical Assistance Program."

"Assistive Technology Act of 1998 - The Assistive Technology Act establishes a grant program, administered by the U.S. Department of Education, to provide Federal funds to support State programs that address the assistive technology needs of individuals with disabilities."

"Section 255 of the Telecommunications Act of 1996 - Section 255 of the requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to persons with disabilities, if readily achievable. The Federal Communications Commission's Report and Order Implementing Section 255 was released in September 1999."

"Section 501 of the Rehabilitation Act - Section 501 of this act prohibits discrimination on the basis of disability in Federal employment and requires Federal agencies to establish affirmative action plans for the hiring, placement, and advancement of people with disabilities in Federal employment. Additional information and definitions related to Section 501 can be found at theEEOC website."

"Section 504 of the Rehabilitation Act - Section 504 prohibits discrimination based on disability in federally funded and federally conducted programs or activities in the United States, including employment programs.Additional information and definitions related to Section 504 can be found at the Department of Labor website."

"Section 505 of the Rehabilitation Act - Section 505 establishes the enforcement procedures for title V of the Rehabilitation Act. Section 505 (a) (1) provides that the procedures and rights set forth in Section 717 of the Civil Rights Act of 1964 shall be available with respect to any complaint under Section 501. Section 505 (a)(2) provides that the remedies, rights and procedures set forth in title VI of the Civil Rights Act of 1964 shall be available to any person alleging a violation of Section 504. Section 508 is also enforced through the procedures established in Section 505 (a)(2)."

"The Architectural and Transportation Barriers Compliance Board (Access Board) issued final guidelines for accessibility, usability and compatibility of telecommunications equipment and customer premises equipment covered by Section 255 of the Telecommunication Act of 1996."

"Workforce Investment Act of 1998. Congress significantly strengthened section 508 in the Workforce Investment Act of 1998. Its primary purpose is to provide access to and use of Federal executive agencies' electronic and information technology (EIT) by individuals with disabilities. "


Source: http://www.section508.gov/

36 CFR Part 1194 
Subpart B — Technical Standards

    1194.21 Software applications and operating systems.
    1194.22 Web-based intranet and internet information and applications.
    1194.23 Telecommunications products.
    1194.24 Video and multimedia products.
    1194.25 Self contained, closed products.
    1194.26 Desktop and portable computers.

Source: http://www.access-board.gov/sec508/standards.htm

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FAR

7.103  Agency-head responsibilities.

The agency head or a designee shall prescribe procedures for—

(o) Ensuring that acquisition planners specify needs and develop plans, drawings, work statements, specifications, or other product descriptions that address Electronic and Information Technology Accessibility Standards (see 36 CFR Part 1194) in proposed acquisitions (see 11.002(e)) and that these standards are included in requirements planning, as appropriate (see Subpart 39.2). 



10.001  Policy.
(2) Conduct market research appropriate to the circumstances—
(vii) Assess the availability of electronic and information technology that meets all or part of the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR Part 1194 (see Subpart 39.2).



11.002  Policy.
(e) Some or all of the performance levels or performance specifications in a solicitation may be identified as targets rather than as fixed or minimum requirements.

(f) In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), requiring activities must prepare requirements documents for electronic and information technology that comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR Part 1194 (see Subpart 39.2) 


Subpart 12.2—Special Requirements for the Acquisition of Commercial Items

12.202  Market research and description of agency need.

(d) Requirements documents for electronic and information technology must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR Part 1194 (see Subpart 39.2). 



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.
39.202  Definition.

Undue burden, as used in this subpart, means a significant difficulty or expense.
39.203  Applicability.

(a) Unless an exception at 39.204 applies, acquisitions of EIT supplies and services must meet the applicable accessibility standards at 36 CFR Part 1194.

(b)(1) Exception determinations are required prior to contract award, except for indefinite-quantity contracts (see paragraph (b)(2) of this section).

(2) Exception determinations are not required prior to award of indefinite-quantity contracts, except for requirements that are to be satisfied by initial award. Contracting offices that award indefinite-quantity contracts must indicate to requiring and ordering activities which supplies and services the contractor indicates as compliant, and show where full details of compliance can be found (e.g., vendor's or other exact website location).

(3) Requiring and ordering activities must ensure supplies or services meet the applicable accessibility standards at 36 CFR Part 1194, unless an exception applies, at the time of issuance of task or delivery orders. Accordingly, indefinite-quantity contracts may include noncompliant items; however, any task or delivery order issued for noncompliant items must meet an applicable exception.

(c)(1) When acquiring commercial items, an agency must comply with those accessibility standards that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency's delivery requirements.

(2) The requiring official must document in writing the nonavailability, including a description of market research performed and which standards cannot be met, and provide documentation to the contracting officer for inclusion in the contract file.

39.204  Exceptions.

The requirements in 39.203 do not apply to EIT that—

(a) Is purchased in accordance with Subpart 13.2 (micro-purchases) prior to April 1, 2005. However, for micro-purchases, contracting officers and other individuals designated in accordance with 1.603-3 are strongly encouraged to comply with the applicable accessibility standards to the maximum extent practicable;

(b) Is for a national security system;

(c) Is acquired by a contractor incidental to a contract;

(d) Is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; or

(e) Would impose an undue burden on the agency.

(1) Basis. 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—

(i) The difficulty or expense of compliance; and

(ii) Agency resources available to its program or component for which the supply or service is being acquired.

(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 supplies or service available in the commercial marketplace in time to meet the agency delivery requirements (see 39.203(c)(2) regarding documentation of nonavailability). 


Source: http://acquisition.gov/far/

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VPAT 

The Information Technology Industry Council (ITI) is committed to helping the Federal Government implement Section 508 of the Rehabilitation Act. In 2001, ITI partnered with the U.S. General Services Administration (GSA) to create a simple, Internet-based tool to assist Federal contracting and procurement officials in fulfilling the new market research requirements contained in the Section 508 implementing regulations. The result: the Voluntary Product Accessibility TemplateTM, or VPATTM.

Source: http://www.itic.org/archives/articles/20040506/faq_voluntary_product_accessibility_template_vpat.php

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On Mon, May 12, 2008 at 5:27 PM, Darian Glover wrote:

The U.S. Federal Government mandated that all technology, software and hardware, be accessible with Section 508.  During procurement a Voluntary Product Accessibility Template (VPAT) is required from the vendor.  Yes, it's labeled voluntary but is required.  Adherence to this requirement varies within the government, but is increasing.

Most vendors who deal with the government comply by producing VPATs for their products.  This does not mean the products are 100% accessible.  The job of the VPAT is to identify how accessible the product is.  Most people acknowledge we are a ways off from having everything comply with Section 508 or be accessible.  (Just because something complies with the letter of Section 508 does not mean it is accessible in spirit or practice.)

Example VPATs:
http://www.adobe.com/resources/accessibility/tools/vpat/
http://www.microsoft.com/industry/government/products/section508.mspx

Information on the VPAT for vendors:
http://www.itic.org/archives/articles/20040506/faq_voluntary_product_accessibility_template_vpat.php


Darian.