**Interim Guidance**

**1. Interim regulatory guidance description:** Health and Human
Services Acquisition Regulation (HHSAR) policy regarding acquisition of
Electronic and Information Technology (EIT) under Section 508 EIT
Accessibility Provisions.

**2. Background**: Federal Acquisition Regulation (FAR) Subpart 39.2,
Electronic and Information Technology, implements Section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce
Investment Act of 1998 (Public Law 105-220), and the Architectural and
Transportation Barriers Compliance Board EIT Accessibility Provisions.

Section 508 of the Rehabilitation Act requires that, unless certain
exceptions apply, when Federal agencies develop, acquire, maintain, or
use EIT products and services:

> \(1\) individuals with disabilities who are Federal employees have
> access to and use of information and data that is comparable to the
> access to and use of the information and data by Federal employees who
> are not individuals with disabilities; and
>
> \(2\) individuals with disabilities who are members of the public
> seeking information or services from a Federal department or agency
> have access to and use of information and data that is comparable to
> the access to and use of the information and data by such members of
> the public who are not individuals with disabilities (FAR 39.201 and
> 36 CFR 1194.1).

Also, in light of the HHS Assistant Secretary for Public Affairs'
increased scrutiny on this matter, please note that contractors that
prepare or post content on an HHS-funded or HHS-managed website, whether
or not the content relates to an EIT project, must also comply with
Section 508 provisions.

**3. Impact on the HHSAR:** The proposed interim regulatory language
affects the following parts of the HHSAR:

-   Part 307 -- Acquisition Planning

-   Part 311 -- Describing Agency Needs

-   Part 312 -- Acquisition of Commercial Items

-   Part 313 -- Simplified Acquisition Procedures

-   Part 314 -- Sealed Bidding

-   Part 315 -- Contracting by Negotiation

-   Part 317 -- Special Contracting Methods

-   Part 332 -- Contracting Financing

-   Part 339 -- Acquisition of Information Technology

-   Part 342 -- Contract Administration and Audit Services

-   Part 352 -- Solicitation Provisions and Contract Clauses.

**4. Summary of Changes:** The interim regulatory language is intended
to address the following issues:

-   **Ensure definition of accessibility requirements** -- Requires HHS
    staff who define agency needs for EIT products and services, and
    perform market research to meet those needs, to document EIT
    requirements, identify the applicable Section 508 standards and
    document the market research.

-   **Establish a technical evaluation factor to address Section 508
    conformance** -- Requires that an evaluation factor be developed in
    a collaborative effort among the Contracting Officer, Contracting
    Officer's Technical Representative (also known as Project Officer or
    Contracting officer's Representative), and Section 508 coordinator.
    Such factor must be included in applicable HHS EIT solicitations to
    give vendors the incentive to provide full, open, and standardized
    disclosure of accessibility conformance for EIT products and
    services so that requiring and acquisition officials may make a
    compliant purchase. Also, requires the Section 508 Official or
    designee to review and approve the technical evaluation panel's
    assessment of vendor responses to the solicitation's Section 508
    technical evaluation factor to ensure risk mitigation and
    accessibility of applicable EIT products and services.

-   **Update solicitation provision and contract clause language** --
    Requires that information be provided by offerors and awardees to
    determine accessibility of vendor EIT products and services. Also
    includes a new requirement for the Section 508 Official, or
    designee, Contracting Officer, and Contracting Officer's Technical
    Representative (also known as Project Officer or Contracting
    Officer's Representative) to review and approve a Section 508 Annual
    Report prior to final payment or option exercise/incremental funding
    action for designated contracts/orders.

    **5. HHS Section 508 Policy Responsibilities:** The Assistant
    Secretary for Administration and Management/Office of Acquisition
    Management and Policy (ASAM/OAMP) is responsible for issuing and
    maintaining the HHSAR. The HHS Office on Disability (OD), in
    consultation with and through the ASAM/OAMP, is responsible for: a)
    providing content updates to applicable subparts of the HHSAR as
    they relate to HHS Section 508 policy including any associated
    templates (e.g., the Section 508 Product Assessment Template, the
    Annual Report template), b) guidance on agency interpretation and
    evaluation of completed forms, and c) training or technical
    assistance regarding Section 508 policy.

**Proposed HHSAR Changes**

**PART 307****---ACQUISITION PLANNING**

*[See]{.underline}*: "Proposed Changes to HHSAR Subpart 307.71 --
Acquisition Plan," which follows the HHSAR changes in parts 311, 312,
313, 314, 315, 317, 332, 339, 342, and 352 below.

**PART 311---DESCRIBING AGENCY NEEDS**

*[Revised 311.003 title to read as follows]{.underline}*: "**311.003
Defining Electronic and Information Technology requirements.**"

*[Revised 311.003 to read as follows:]{.underline}* "HHS staff who
define agency needs for electronic and information technology (EIT)
products and services, including EIT deliverables such as electronic
documents and reports, and perform market research to meet those needs,
shall document EIT requirements, identify the applicable Section 508
standards, and document the market research. OPDIVs may develop
procedures for these activities, based on the level of agency investment
and risk, and shall ensure any procedures developed are in conformance
with FAR Part 10. Procedures for defining EIT requirements may, but are
not required to, include the use of the Buy Accessible Wizard
([*http://www.buyaccessible.gov*](http://www.buyaccessible.gov/)),
managed by the General Services Administration, or other Federal agency
tools."

**PART 312---ACQUISITION OF COMMERCIAL ITEMS**

*[Added]{.underline}*: "**Subpart 312.2 -- Special Requirements for the
Acquisition of Commercial Items"**

*[Added]{.underline}:* "**312.202(d) Market research and description of
agency need.**"

*[Added]{.underline}*: "Whenever an OPDIV/STAFFDIV requires electronic
and information technology (EIT) products and services subject to
Section 508 of the Rehabilitation Act of 1973, as amended, commercially
available products and services shall be acquired to the maximum extent
possible while ensuring Section 508 compliance. Consistent with
paragraph 4.3.1 of the HHS Section 508 policy (see
<http://508.hhs.gov/>), if products and services are commercially
available that meet some but not all of the applicable Section 508
standards, and no commercially available products or services meet all
of the applicable Section 508 standards, an OPDIV/STAFFDIV shall acquire
the products and services that best meet the applicable Section 508
standards. Commercial nonavailability exception determinations for EIT
products and services that do not meet some or all of the applicable
Section 508 standards shall be processed in accordance with
[339.203]{.underline}."

**PART 313 -- SIMPLIFIED ACQUISITION PROCEDURES**

*[Added]{.underline}*: "**313.003 Policy.**"

*[Added]{.underline}*: "Electronic and information technology (EIT)
products and services acquired pursuant to FAR part 13 shall comply with
Section 508 of the Rehabilitation Act of 1973, as amended. Consistent
with paragraph 4.3.1 of the HHS Section 508 policy (see
<http://508.hhs.gov/>), if products and services, including commercially
available items, meet some but not all of the applicable Section 508
standards, and no commercially available products or services meet all
of the applicable Section 508 standards, an OPDIV/STAFFDIV shall acquire
the products and services that best meet the applicable Section 508
standards. Commercial nonavailability exception determinations for EIT
products and services that do not meet some or all of the applicable
Section 508 standards shall be processed in accordance with
[339.203]{.underline}."

*[Revised 313.301(b), Government-wide commercial purchase card, to read
as follows:]{.underline}*

"**313.301(b) Government-wide commercial purchase card**

\(b\) The Department has issued general guidance concerning the use of
the Government-wide commercial purchase card and has authorized the
OPDIVs to establish procedures for (1) its use, administration, and
management control and (2) the training necessary to comply with [FAR
13.301](http://www.acquisition.gov/comp/far/current/html/Subpart 13_3.html#wp1092057).
See [313.003]{.underline} and the HHS Purchase Card Guide for
information regarding acquiring electronic and information technology
(EIT) products and services subject to Section 508 of the Rehabilitation
Act of 1973, as amended."

**[PART 314 -- SEALED BIDDING]{.underline}**

*[Added]{.underline}*: "**Subpart 314.1 -- Use of Sealed Bidding**"

*[Added]{.underline}*: "**314.103 Policy.**"

*[Added]{.underline}*: "Electronic and information technology (EIT)
products and services, including EIT deliverables such as electronic
documents and reports, acquired using sealed-bid procedures shall comply
with Section 508 of the Rehabilitation Act of 1973, as amended.
Consistent with paragraph 4.3.1 of the HHS Section 508 policy (see
<http://508.hhs.gov/>), if products and services, including commercially
available items, meet some but not all of the applicable Section 508
standards, and no commercially available products or services meet all
of the applicable Section 508 standards, an OPDIV/STAFFDIV shall acquire
the products and services that best meet the applicable Section 508
standards. Commercial nonavailability exception determinations for EIT
products and services that do not meet some or all of the applicable
Section 508 standards shall be processed in accordance with
[339.203]{.underline}."

**[PART 315 -- CONTRACTING BY NEGOTIATION]{.underline}**

*[Added]{.underline}*: "**315.070 Policy.**"

*[Added]{.underline}*: "Electronic and information technology (EIT)
products and services, including EIT deliverables such as electronic
documents and reports, acquired using negotiated procedures shall comply
with Section 508 of the Rehabilitation Act of 1973, as amended.
Consistent with paragraph 4.3.1 of the HHS Section 508 policy (see
<http://508.hhs.gov/>), if products and services, including commercially
available items, meet some but not all of the applicable Section 508
standards, and no commercially available products or services meet all
of the applicable Section 508 standards, an OPDIV/STAFFDIV shall acquire
the products and services that best meet the applicable Section 508
standards. Commercial nonavailability exception determinations for EIT
products and services that do not meet some or all of the applicable
Section 508 standards shall be processed in accordance with
[339.203]{.underline}."

*[Added]{.underline}*: "**315.304 Evaluation Factors.**"

*[Added]{.underline}*: "A solicitation for electronic and information
technology (EIT) products and services, including EIT deliverables such
as electronic documents and reports, shall include a separate technical
evaluation factor (which may be in the form of a technical evaluation
criterion or a mandatory qualification criterion, as appropriate)
developed by the Contracting Officer, Contracting Officer's Technical
Representative (also known as Project Officer or Contracting Officer's
Representative), and the OPDIV Section 508 Coordinator to determine
vendor compliance with applicable Section 508 standards. The technical
evaluation panel's assessment of Section 508 standards conformance shall
be based on the Section 508 Product Assessment Template (see
<http://508.hhs.gov/>), and any other pertinent information, that
offerors provide in response to a solicitation. The HHS Office on
Disability is responsible for providing technical assistance in
evaluation factor development, including technical evaluation factor
examples and identifying best practices.

Before conducting negotiations or making an award, the Contracting
Officer shall provide a summary of the technical evaluation panel's
assessment of vendor responses to the solicitation's Section 508
evaluation factor for review by the Section 508 Official or designee.
The Section 508 Official or designee shall indicate approval/disapproval
of the evaluation panel's assessment. The Contracting Officer shall
coordinate the resolution of any issues raised by the Section 508
Official or designee with the chair of the technical evaluation panel or
Contracting Officer's Technical Representative (also known as Project
Officer or Contracting Officer's Representative), as appropriate.
Acquisition processing shall not proceed unless and until the Section
508 Official or designee has approved the technical evaluation panel's
assessment. The Contracting Officer shall include the assessment in the
official contract file. See [339.203]{.underline} regarding processing
exception determination requests."

*[Added]{.underline}*: "(B)(6)" to 315.305(a)(3)(i) under **315.305
Proposal evaluation.**

*[Added]{.underline}*: "a description of the methodology for evaluation
of key elements in the Technical Evaluation Plan, including any
solicitation evaluation factor involving the acquisition of electronic
and information technology (EIT) products and services subject to
Section 508 provisions."

**[PART 317 -- SPECIAL CONTRACTING METHODS]{.underline}**

*[Added]{.underline}*: "**317.207 Exercise of options.**"

*[Added]{.underline}*: "Before exercising an option for a subsequent
performance period/additional quantity under a multiple-year
contract/order \[see [339.201-70(c)]{.underline}\], which involves the
acquisition of electronic and information technology (EIT) products and
services, including EIT deliverables such as electronic documents and
reports, subject to Section 508 of the Rehabilitation Act of 1973, as
amended, the Contracting Officer shall ensure that the contractor has
provided to the Contracting Officer and Contracting Officer's Technical
Representative (also known as Project Officer or Contracting Officer's
Representative) a properly completed HHS Section 508 Annual Report (see
<http://508.hhs.gov/>). The Contracting Officer shall request that the
contractor provide the report in sufficient time for its review and
approval by the Contracting Officer, Contracting Officer's Technical
Representative (also known as Project Officer or Contracting Officer's
Representative), and the Section 508 Official or designee, prior to
exercise of an option. The Contracting Officer shall ensure that the
report and all related approvals are made a part of the official
contract/order file."

**[PART 332 -- CONTRACT FINANCING]{.underline}**

*[Revised 332.702, Policy, to include a new subparagraph (c), as
follows:]{.underline}*

\
**332.702 Policy.**

**\*\*\*\*\***

"(c) Before adding incremental funding for a subsequent performance
period to a multiple-year contract/order \[see
[339.201-70(c)]{.underline}\] that involves the acquisition of
electronic and information technology (EIT) products and services,
including EIT deliverables such as electronic documents and reports,
subject to Section 508 of the Rehabilitation Act of 1973, as amended,
the Contracting Officer shall ensure that the contractor has provided to
the Contracting Officer and Contracting Officer's Technical
Representative (also known as Project Officer or Contracting Officer's
Representative) a properly completed HHS Section 508 Annual Report (see
<http://508.hhs.gov/>). The Contracting Officer shall request that the
contractor provide the report in sufficient time for its review and
approval by the Contracting Officer, Contracting Officer's Technical
Representative (also known as Project Officer or Contracting Officer's
Representative), and the Section 508 Official or designee, prior to
funding performance beyond the currently funded contract performance
period. The Contracting Officer shall ensure that the report and all
related approvals are made a part of the official contract/order file.
The Section 508 Official or designee shall monitor the Annual Reports,
direct corrective measures to improve their submission and quality, and
report improvement actions taken to the HHS Office on Disability.

**[PART 339 -- ACQUISITION OF INFORMATION TECHNOLOGY]{.underline}**

*[Revised narrative of 339.201-70, Required provision and contract
clause, to read as follows:]{.underline}*

**339.201-70 Required provision and contract clause.**

> \(a\) The Contracting Officer shall insert the provision at
> [352.270--19(a)](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#352.270–19_Electronic_information_and_technology_accessibility.%23352.270–19_Electronic_information_and_technology_accessibility.)
> in all new solicitations, regardless of dollar amount, for projects
> involving the development, acquisition, maintenance, or use of EIT
> products and services subject to Section 508 of the Rehabilitation Act
> of 1973, as amended, including EIT deliverables such as electronic
> documents and reports. (Note: exceptions to this requirement can be
> found at [FAR
> 39.204](http://www.acquisition.gov/far/current/html/Subpart 39_2.html).)
> After approval of the Section 508 Official or designee, the
> Contracting Officer may waive the requirement for offerors to provide
> a HHS Section 508 Product Assessment Template if Section 508 EIT
> conformance can be determined conclusively through other less formal
> methods. The Contracting Officer shall document in the contract file
> any waiver for submission of the Product Assessment Template. The
> approval of a waiver by the Section 508 Official does not, however,
> eliminate the requirement for product assessment against Section 508
> standards.
>
> \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
>
> "(b) The Contracting Officer shall insert the clause at
> [352.270--19(b)](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#352.270–19_Electronic_information_and_technology_accessibility.%23352.270–19_Electronic_information_and_technology_accessibility.)
> in all new contracts and orders, regardless of dollar amount, for
> projects involving the development, acquisition, maintenance, or use
> of EIT products and services, including EIT deliverables such as
> electronic documents and reports, subject to Section 508 of the
> Rehabilitation Act of 1973, as amended, unless the EIT products and
> services are incidental to the project. (Note: Other exceptions to
> this requirement can be found at [FAR
> 39.204](http://www.acquisition.gov/far/current/html/Subpart 39_2.html).)"
>
> \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
>
> \(c\) When acquiring EIT products and services subject to Section 508
> of the Rehabilitation Act of 1973, as amended, in the following
> circumstances, the Contracting Officer shall insert the paragraph at
> 352.270-19(c), which requires a contractor to provide an HHS Section
> 508 Annual Report, at the end of the contract clause in 352.270-19(b)
> and cite the schedule for report submission, where indicated. NOTE:
> "Multiple-year" contract/order means a contract/order having a
> performance period of more than 1 year.
>
> \(1\) new multiple-year, incrementally funded contracts;
>
> \(2\) existing multiple-year, incrementally funded contracts with a
> performance period of\
> 1 year or more remaining as of the date of HHSAR issuance requiring
> inclusion of the clause; (NOTE: This should be accomplished via
> contract modification at the earliest possible date.)
>
> \(3\) new multiple-year task and delivery orders exceeding \$100,000
> awarded under indefinite-delivery, indefinite-quantity (IDIQ) or
> Federal Supply Schedule (FSS) contracts;
>
> \(4\) existing multiple-year task and delivery orders exceeding
> \$100,000 awarded under IDIQ or FSS contracts, with a task/delivery
> order performance period of 1 year or more remaining as of the date of
> HHSAR issuance requiring inclusion of the clause; (NOTE: This should
> be accomplished via task/delivery order modification at the earliest
> possible date.)
>
> \(5\) new multiple-year Blanket Purchase Agreement (BPA) orders that
> exceed \$100,000;
>
> \(6\) existing multiple-year BPA orders with a performance period of 1
> year or more remaining as of the date of HHSAR issuance requiring
> inclusion of the clause; (NOTE: This should be accomplished via BPA
> order modification at the earliest possible date.)
>
> \(7\) new multiple-year contracts with option periods/quantities;
>
> \(8\) existing multiple-year contracts with option periods/quantities
> remaining as of the date of HHSAR issuance requiring inclusion of the
> clause. (NOTE: This should be accomplished via contract modification
> at the earliest possible date OR at the time of the next option
> exercise if 6 months or less remain prior to the next option
> exercise.)"

*[Added]{.underline}*: "**Subpart 339.2 -- Electronic and Information
Technology"**

*[Added]{.underline}:* "**339.203 Approval of Exceptions.**"

*[Added]{.underline}*: "Procedures to document exception and
determination requests are set forth in the OPDIV/STAFFDIV Section 508
Implementation Plans required by paragraph 4.1 of the HHS Section 508
policy.

In the development of acquisition plans or other acquisition request
documentation, the Contracting Officer must ensure that all Section 508
commercial non-availability or undue burden exception determination
requests for applicable EIT requirements are: (a) documented and
certified in accordance with the requirements of paragraph 4.3, Section
508 Compliance Exceptions, of the HHS Section 508 policy; (b) signed by
the Contracting Officer's Technical Representative (also known as
Project Officer or Contracting Officer's Representative); (c) approved
by the OPDIV Section 508 Official or designee; and (d) included in the
acquisition request documentation provided by the Contracting Officer's
Technical Representative (also known as Project Officer or Contracting
Officer's Representative) to the acquisition office.

In instances where a technical evaluation has been performed, and no
organization's proposed products or services meet some or all of the
applicable Section 508 standards, in order to proceed with acquisition
processing, the Contracting Officer shall provide an exception
determination request along with the technical evaluation panel's
assessment of the Section 508 evaluation factor to the designated
Section 508 Official or designee for review and approval/disapproval.
See [315.304]{.underline} regarding obtaining approval of technical
evaluation panel assessments by the Section 508 Official or designee.
The Contracting Officer shall include the Section 508 Official's or
designee's approval/disapproval of the exception determination request
in the official contract file and reference it, as appropriate, in all
source selection documents. For further information, see paragraphs 4.3,
Section 508 Compliance Exceptions, and paragraph 11., Appendix A, of HHS
Section 508 policy at: <http://508.hhs.gov/>."

**[PART 342 -- CONTRACT ADMINISTRATION AND AUDIT SERVICES]{.underline}**

*[Added]{.underline}*: "**Subpart 342.3 -- Contract Administration
Office Functions"**

*[Added]{.underline}*: "**342.302(c) Contract administration
functions.**"

*[Added]{.underline}*: "In multi-year contracts/orders, the OPDIV's
Section 508 Official or designee, as well as the Contracting Officer and
Contracting Officer's Technical Representative (also known as Project
Officer or Contracting Officer's Representative), shall review and
approve all Section 508 Annual Reports before final payment is made or
any option is exercised under any applicable contract/order. In
contracts/orders of one year or less in duration, the Section 508
conformance certification shall be reviewed and approved by those same
officials before final payment is made. The Contracting Officer also
shall ensure that the report and all related approvals are made a part
of the official contract/order file."

**[PART 352 -- SOLICITATION PROVISIONS AND CONTRACT
CLAUSES]{.underline}**

[*Revised title and narrative of 352.270-19(a) and (b),* Electronic
Information and Technology Accessibility solicitation provision and
contract clause, *to read as follows:*]{.underline}

"**352.270-19--Electronic and information technology accessibility.**

\(a\) The following provision shall be used in solicitations as provided
in
[339.201--70](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#339.201–70_Required_provision_and_contract_clause)[(a)]{.underline}:

Electronic and Information Technology Accessibility (XXXXXXX 2008)

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as
amended by the Workforce Investment Act of 1998, and the Architectural
and Transportation Barriers Compliance Board Electronic and Information
(EIT) Accessibility Provisions (36 CFR part 1194), require that, unless
an exception applies, all EIT products and services developed, acquired,
maintained, or used by any Federal department or agency permit:

\(1\) Federal employees with disabilities to have access to and use
information and data that is comparable to the access and use of
information and data by Federal employees who are not individuals with
disabilities; and

\(2\) Members of the public with disabilities seeking information or
services from a Federal agency to have access to and use of information
and data that is comparable to the access and use of information and
data by members of the public who are not individuals with
disabilities. 

Accordingly, any vendor submitting a proposal/quotation/bid in response
to this solicitation must demonstrate compliance with the established
EIT accessibility provisions. Information about Section 508 provisions
is available at
*[**http://www.section508.gov/**](http://www.section508.gov/).* The
complete text of Section 508 Final Provisions can be accessed at
*[**http://www.access-board.gov/sec508/provisions.htm**](http://www.access-board.gov/sec508/standards.htm).*

The Section 508 standards applicable to this solicitation are identified
in the Statement of Work/Specification/Performance Work Statement. In
order to facilitate the Government's evaluation to determine whether EIT
products and services proposed meet applicable Section 508 accessibility
standards, offerors must prepare an HHS Section 508 Product Assessment
Template, in accordance with its completion instructions, and provide a
binding statement of conformance. The purpose of the template is to
assist HHS acquisition and program officials in determining that EIT
products and services proposed support applicable Section 508
accessibility standards. The template allows vendors or developers to
self-evaluate their products or services and document in detail how they
do or do not conform to a specific Section 508 standard. Instructions
for preparing the HHS Section 508 Product Assessment Template may be
found at *[**http://508.hhs.gov**](http://508.hhs.gov/).*

Respondents to this solicitation must also provide any additional
detailed information necessary for determining applicable Section 508
standards conformance, as well as for documenting EIT products and/or
services that are incidental to the project, which would constitute an
exception to Section 508 requirements. If a vendor claims its products
and/or services, including EIT deliverables such as electronic documents
and reports, meet applicable Section 508 standards in its completed HHS
Section 508 Product Assessment Template, and it is later determined by
the Government -- i.e., after award of a contract/order, that products
and/or services delivered do not conform to the described accessibility
in the Product Assessment Template, remediation of the products and/or
services to the level of conformance specified in the vendor's Product
Assessment Template will be the responsibility of the Contractor at its
expense.

(End of provision)

\(b\) The following clause shall be used in contracts and orders as
provided in
[339.201--70](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#339.201–70_Required_provision_and_contract_clause)[(b)]{.underline}:

Electronic and Information Technology Accessibility (XXXXXXX 2008)

Pursuant to Section 508 of the Rehabilitation Act of 1973 ([**29 U.S.C.
794d**](http://www.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00000794----000-.html)),
as amended by the Workforce Investment Act of 1998, all electronic and
information technology (EIT) products and services developed, acquired,
maintained, and/or used under this contract/order must comply with the
"Electronic and Information Technology Accessibility Provisions" set
forth by the Architectural and Transportation Barriers Compliance Board
(also referred to as the "Access Board") in [**36 CFR part
1194**](http://www.access.gpo.gov/nara/cfr/waisidx_01/36cfr1194_01.html).
Information about Section 508 provisions is available at
*[**http://www.section508.gov/**](http://www.section508.gov/).* The
complete text of Section 508 Final Provisions can be accessed at
*[**http://www.access-board.gov/sec508/provisions.htm**](http://www.access-board.gov/sec508/standards.htm).*

The Section 508 standards applicable to this contract/order are
identified in the Statement of Work/Specification/Performance Work
Statement. The contractor must provide a written Section 508 conformance
certification due at the end of each order/contract exceeding \$100,000
when the order/contract duration is one year or less. If it is
determined by the Government that EIT products and services provided by
the Contractor do not conform to the described accessibility in the
Product Assessment Template, remediation of the products and/or services
to the level of conformance specified in the vendor's Product Assessment
Template will be the responsibility of the Contractor at its own expense

In the event of a modification(s) to this contract/order, which adds new
EIT products and services or revises the type of, or specifications for,
products and services the Contractor is to provide, including EIT
deliverables such as electronic documents and reports, the Contracting
Officer may require that the contractor submit a completed HHS Section
508 Product Assessment Template to assist the Government in determining
that the EIT products and services support Section 508 accessibility
requirements. Instructions for documenting accessibility via the HHS
Section 508 Product Assessment Template may be found at
[***http://508.hhs.gov***](http://508.hhs.gov/)

\(c\) The following paragraph should be added to Electronic and
Information Accessibility (XXXXXXX2008clause as provided in
[339.201--70](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#339.201–70_Required_provision_and_contract_clause)(c):

Prior to the Contracting Officer exercising an option for a subsequent
performance period/additional quantity or adding incremental funding for
a subsequent performance period under this contract, as applicable, the
Contractor must provide a Section 508 Annual Report to the Contracting
Officer and Contracting Officer's Technical Representative (also known
as Project Officer or Contracting Officer's Representative). Unless
otherwise directed by the Contracting Officer in writing, the Contractor
shall provide the cited report in accordance with the following
schedule. Instructions for completing the report are available at:
[***http://508.hhs.gov/***](http://508.hhs.gov/) under the heading
Vendor Information and Documents. The Contractor's failure to submit a
timely and properly completed report may jeopardize the Contracting
Officer's exercising an option or adding incremental funding, as
applicable.

Schedule for Contractor Submission of Section 508 Annual Report"

(to be completed by the Contracting Officer at time of contract/order
award)

**Proposed Changes to HHSAR Subpart 307.71 -- Acquisition Plan**
(changes are specified in RED and underlined)

**1. Added to Part II, Summary Sheet (and renumbered subsequent
items):**

[7. Does the acquisition include Section 508-applicable Electronic and
Information Technology (EIT) products and services, including EIT
deliverables such as electronic documents or reports?]{.underline} yes
no

**2. Added to Part III, Project Considerations and Information, (a)(1)
Statement of Need:**

> c**. Statement of Work.** Provide a Statement of Work (SOW) as an
> attachment to the AP. The SOW must be comprehensive and include the
> information necessary for prospective offerors to provide meaningful
> proposals (see FAR 11.000 and HHSAR 307.7108). [If the proposed
> requirement is for, or includes, the acquisition of EIT products and
> services, the SOW must also include a list of applicable Section 508
> standards from the U.S. Access Board \[36 CFR part 1194\]. Information
> about Section 508 provisions is available at]{.underline}
> *<http://www.section508.gov/>[. ]{.underline}*[The complete text of
> Section 508 Final Provisions can be accessed at]{.underline}
> *[http://www.access-board.gov/sec508/provisions.htm](http://www.access-board.gov/sec508/standards.htm)[.
> ]{.underline}*[As appropriate, you may use the General Services
> Administration's *Buy Accessible Wizard* at]{.underline}
> [http://www.buyaccessible.gov](http://www.buyaccessible.gov/) [or
> contact your OPDIV Section 508 Official or Coordinator for assistance
> in determining applicable Section 508 provisions.]{.underline}

**3. Added to Part III Project Considerations and Information, (b)(1)
(a) Potential Sources:**

> 1\. **Commercial Items.** Discuss whether commercial items or
> non-developmental items are available to meet the Government's needs
> or could be modified to meet the requirement (see FAR 12.101).
> [Include in the discussion any Section 508 accessibility issues or
> concerns with any EIT products and services to be acquired**,**
> including EIT deliverables such as electronic documents and
> reports.]{.underline}

**4. Added to Part III Project Considerations and Information, (b)(3)
Source-selection procedures, criteria, and instructions:**

> a\. **Technical Evaluation Criteria:** (Add as the last sentence to
> the cited paragraph)
>
> [If the proposed requirement is for, or includes, the acquisition of
> EIT products and services that are subject to Section 508 conformance
> provisions, specify the technical evaluation factor that will be used
> to evaluate solicitation respondents' products and
> services.]{.underline}

**5. Added to Part III Project Considerations and Information, (b)(4)
(j) Special Factors:**

> 11\. **Audiovisual Materials, Publications, and Public Affairs
> Services.** Discuss whether the intended acquisition involves the
> production of audiovisual materials, publications, or public affairs
> services. [Reference (through]{.underline} <http://508.hhs.gov/>[) HHS
> Section 508 requirements for making all files, including captioning,
> audio descriptions, videos, tables, graphics/pictures, registration
> forms, presentations (both audio and video) or other types of
> proprietary format files -- e.g., PDF, PPT, and EXCEL documents, fully
> 508 compliant.]{.underline}

**6. Added to Part III Project Considerations and Information:**

> **(5) Electronic and Information Technology Accessibility
> Provisions.** Provide a description and purpose of all EIT to be
> developed, acquired, maintained, or used under this proposed
> acquisition. Discuss, in terms of the "EIT Accessibility Provisions"
> (36 CFR part 1194), how accessibility for all Federal employees and
> public users with disabilities will be ensured, [including addressing
> how forms and other proprietary format files -- e.g., PDF, PPT, and
> EXCEL documents, will be made accessible. Discuss the evaluation,
> acceptance, and quality assurance criteria to be used for this
> proposed acquisition (see FAR 39.2). Explain any exceptions (see FAR
> 39.204) that may apply and the specific standard(s) in 36 CFR part
> 1194 that qualify for an exception. Attach appropriate documentation
> supporting any exceptions -- i.e., approval by the OPDIV/STAFFDIV
> Section 508 Official or designee.]{.underline}

**7. Added to Part III Project Considerations and Information, (b):**

> **(8) Post-Award Administration and Monitoring.** Discuss the need for
> a post-award conference and site visits during performance. Specify
> milestones that require periodic evaluation of the contractor's
> progress (including annual past performance evaluations). Delineate
> the frequency of performance evaluations as required by FAR 42.15. [If
> the proposed requirement is for, or includes, the acquisition of EIT
> products and services that are subject to Section 508 conformance
> provisions, specify whether the contractor will be required to provide
> an HHS Section 508 Annual Report and how the contractor's standards
> for delivered products and services will be monitored throughout the
> life of the contract/order to ensure compliance.]{.underline} Discuss
> procedures for monitoring the contractor's progress, including use of
> any specific formal management system (such as an EVMS), test and
> evaluation program, inspection and acceptance criteria, or quality
> assurance procedures (see FAR 42.302 and HHSAR 342.7002). If an EVMS
> is to be used, discuss the methodology the Government will employ to
> analyze and use the earned value data to assess and monitor contract
> performance. Also, specify how the offeror's/contractor's EVMS will be
> verified for compliance with the American National Standards
> Institute/Electronics Industries Alliance Standard -- 748, and the
> timing (pre- or post-award) and conduct of integrated baseline reviews
> (see FAR 34.202).

**8. Added to Part IV -- Clearance/Approval Checklist (and renumbered
"Other Clearances" as #10):**

> [**9.** **EIT Approvals.** Approval of the OPDIV/OS Section 508
> Official or designee is required when claiming an exception from
> Section 508 of the Rehabilitation Act (see HHS Section 508 policy
> at]{.underline} <http://508.hhs.gov/> [). Approval of the Information
> Technology Investment Review Board is required for major and tactical
> information technology investments as defined in OMB Circular A-130,
> Management of Federal Information Resources and OMB Instructions for
> E-300 Investment Business Case (see
> http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html). As
> appropriate, consult with your OPDIV/OS/STAFFDIV/HHS Chief Information
> Officer on the latter issue.]{.underline}

**9. Revised second bullet in Part VII -- Attachments:**

-   [Approved Section 508 Undue Burden or Commercial Non-Availability
    Request]{.underline}