***Attachment A***

**EIT Commercial Non-Availability Certification (Rev 8/2/01)**

***To be completed by the Requiring Official (Purchase Requestor) for
purchase requests involving Electronic & Information Technology
(EIT).***

**You need to understand what is meant by a "commercial item" to
complete this form. The following quote from FAR subpart 2.101 defines
items that are commercial:**

\"Commercial item\" means\--

\(a\) Any item, other than real property, that is of a type customarily
used for nongovernmental purposes and that\--

\(1\) Has been sold, leased, or licensed to the general public; or

\(2\) Has been offered for sale, lease, or license to the general
public;

\(b\) Any item that evolved from an item described in paragraph (a) of
this definition through advances in technology or performance and that
is not yet available in the commercial marketplace, but will be
available in the commercial marketplace in time to satisfy the delivery
requirements under a Government solicitation;

\(c\) Any item that would satisfy a criterion expressed in paragraphs
(a) or (b) of this definition, but for---

\(1\) Modifications of a type customarily available in the commercial
marketplace; or

\(2\) Minor modifications of a type not customarily available in the
commercial marketplace made to meet Federal Government requirements.
Minor modifications means modifications that do not significantly alter
the nongovernmental function or essential physical characteristics of an
item or component, or change the purpose of a process. Factors to be
considered in determining whether a modification is minor include the
value and size of the modification and the comparative value and size of
the final product. Dollar values and percentages may be used as
guideposts, but are not conclusive evidence that a modification is
minor;

\(d\) Any combination of items meeting the requirements of paragraphs
(a), (b), (c), or (e) of this definition that are of a type customarily
combined and sold in combination to the general public;

\(e\) Installation services, maintenance services, repair services,
training services, and other services if such services are procured for
support of an item referred to in paragraphs (a), (b), (c), or (d) of
this definition, and if the source of such services\--

\(1\) Offers such services to the general public and the Federal
Government contemporaneously and under similar terms and conditions; and

\(2\) Offers to use the same work force for providing the Federal
Government with such services as the source uses for providing such
services to the general public;

\(f\) Services of a type offered and sold competitively in substantial
quantities in the commercial marketplace based on established catalog or
market prices for specific tasks performed under standard commercial
terms and conditions. This does not include services that are sold based
on hourly rates without an established catalog or market price for a
specific service performed;

\(g\) Any item, combination of items, or service referred to in
paragraphs (a) through (f), notwithstanding the fact that the item,
combination of items, or service is transferred between or among
separate divisions, subsidiaries, or affiliates of a contractor; or

\(h\) A nondevelopmental item, if the procuring agency determines the
item was developed exclusively at private expense and sold in
substantial quantities, on a competitive basis, to multiple State and
local governments."

**Answer the questions below as fully as possible, and follow directions
as stated; Refer to the attached \"Addendum, Section 508 Definitions &
Technical Standards\" as necessary.**

1.  What were your findings regarding the non-availability of compliant
    commercial items? What technical provisions (reference Addendum) of
    Section 508 that are applicable to your needed product(s) and/or
    service(s) will not be met by each product to be acquired?

2.  What was the methodology or process by which you ascertained the
    non-availability of compliant commercial items?

3.  What sources did you use to investigate the availability of
    compliant commercial items? (e.g., other federal agencies; contacts
    with industry trade associations; accessible product organizations
    such as GSA's Center for IT Accommodation; GSA's FSS; IRS' Disabled
    Employees Support Acquisitions Contract (DESAC II) contract);
    Internet market research; industry consultation;
    Request-for-Information (RFI) in Federal Business Opportunities
    (FedBizOpps, or FBO))

**NOTE**: Even if not fully compliant, you are required to acquire the
commercial product that provides the greatest degree of compliance while
satisfying other functional requirements. (36 CFR subpart 1194.2 (b))

**WARNING: The requiring official must prepare an "EIT Undue Burden
Determination and Certification\" if he determines that commercial EIT
is available that meets both applicable Access Board's technical
provisions and the agency\'s minimum needs, but that acquisition of this
EIT would impose a significant difficulty or expense on the program or
component for which the EIT is being acquired.**

**I have determined and hereby certify that the product(s) that I
require to have procured is not now available in a compliant version in
the commercial marketplace, nor expected to become available in a
compliant version in time to satisfy agency delivery requirements.**

Signature Printed Name Date Phone Number

Attach this document to the "Section 508 Determination and Findings for
Purchase Requests" form, and affix both to your procurement request.

# ***Addendum***

# 

# **SECTION 508 DEFINITIONS and TECHNICAL STANDARDS/PROVISIONS**

(Revised 8/2/01)

## Approach

**First look to the provisions in Subpart B to determine if there are
specific technical provisions that apply to the EIT need you are seeking
to satisfy.**

**If there are applicable provisions in Subpart B that fully address the
product or service being procured, then the you need not look to Subpart
C. Acquired products that meet the specific technical provisions set
forth in Subpart B will also meet the broader functional performance
criteria in Subpart C.**

**If your procurement needs are not fully addressed by Subpart B, then
you must look to Subpart C for applicable functional performance
requirements.**

**Remember the additional considerations of Subpart D. Subpart D
requires that: (a) product support documentation provided to end users
shall be made available in alternate formats upon request at no
additional charge; (b) end users shall have access to a description of
the accessibility and compatibility features of products in alternate
formats or methods upon request, also at no additional charge; and (c)
support services (e.g., help desk) for products shall accommodate the
communication needs of end users with disabilities.**

**For example, if an agency were to enter into a seat management
contract for desktop computing resources, the hardware and software to
be provided by the contractor would be required to meet the provisions
in section 1194.26 (Desktop and Portable Computers), and 1194.21
(Software Applications and Operating Systems) of Subpart B of the Access
Board's standards. If these provisions fully addressed the agency's
procurement software and hardware needs, the agency would also be in
compliance with Subpart C. If some or all of the features were not
covered by Subpart B, the agency would also have to look to Subpart C.
With respect to the support services provided under the seat management
contract, the agency would also need to take into account any
appropriate information, documentation, or support requirements in
Subpart D.**

**In all cases, agencies, when evaluating offers, you must consider
products that provide equivalent facilitation. The Access Board's
standards provide that you may accept EIT offered by vendors which uses
designs or technologies that do not meet the applicable technical
provisions in Subpart B but provide substantially equivalent or greater
access to and use of a product for people with disabilities. (See 36 CFR
1194.5.) This is referred to as \"equivalent facilitation.\"**

**Equivalent facilitation is not an exception or variance from the
requirement to provide comparable access. Rather, it is a recognition
that technologies may be either developed or used in ways not envisioned
by the technical provisions in Subpart B but still result in the same or
better functional access as would be provided by strictly meeting the
provisions in Subpart B. Functional outcome -- not form -- is the key to
evaluating whether a technology results in \"substantially equivalent or
greater access.\" In effect, meeting the functional performance criteria
in Subpart C of the Board's standards is the test for equivalent
facilitation.**

**For example, an information kiosk which is not accessible to a person
who is blind might be made accessible by incorporating a telephone
handset connected to a**

**computer that responds to touchtone commands and delivers the same
information audibly that is provided on the screen.**

**In short, the concept of equivalent facilitation is designed to allow
the marketplace to offer innovative solutions. For this reason, you must
draft your solicitation for**

**EIT so that products offering equivalent facilitation are considered
along with those that strictly meet the technical provisions of Subpart
B of the standards.**

# 

**A. Definitions (Reference 36 CFR 1194.4)**

**Agency**. Any Federal department or agency, including the United

States Postal Service.

**Alternate formats**. Alternate formats usable by people with
disabilities

may include, but are not limited to, Braille, ASCII text, large print,
recorded

audio, and electronic formats that comply with this part.

**Alternate methods**. Different means of providing information,
including

product documentation, to people with disabilities. Alternate methods
may

include, but are not limited to, voice, fax, relay service, TTY,
Internet posting,

captioning, text-to-speech synthesis, and audio description.

**Assistive technology**. Any item, piece of equipment, or system,

whether acquired commercially, modified, or customized, that is commonly

used to increase, maintain, or improve functional capabilities of
individuals with

disabilities.

**Electronic and information technology**. Includes 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.
The

term electronic and information technology includes, but is not limited
to,

telecommunications products (such as telephones), information kiosks and

transaction machines, World Wide Web sites, multimedia, and office
equipment

such as copiers and fax machines. The term does not include any
equipment

that contains embedded information technology that is used as an
integral part

of the product, but the principal function of which is not the
acquisition, storage,

manipulation, management, movement, control, display, switching,
interchange,

transmission, or reception of data or information. For example, HVAC

(heating, ventilation, and air conditioning) equipment such as
thermostats or

temperature control devices, and medical equipment where information

technology is integral to its operation, are not information technology.

**Information technology**. Any equipment or interconnected system or

subsystem of equipment, that is used in the automatic acquisition,
storage,

manipulation, management, movement, control, display, switching,
interchange,

transmission, or reception of data or information. The term information

technology includes computers, ancillary equipment, software, firmware
and

similar procedures, services (including support services), and related
resources.

**Operable controls**. A component of a product that requires physical

contact for normal operation. Operable controls include, but are not
limited to,

mechanically operated controls, input and output trays, card slots,
keyboards,

or keypads.

**Product**. Electronic and information technology.

**Self Contained, Closed Products**. Products that generally have

embedded software and are commonly designed in such a fashion that a
user

cannot easily attach or install assistive technology. These products
include, but

are not limited to, information kiosks and information transaction
machines,

copiers, printers, calculators, fax machines, and other similar types of
products.

**Telecommunications**. The transmission, between or among points

specified by the user, of information of the user\'s choosing, without
change in

the form or content of the information as sent and received.

**TTY**. An abbreviation for teletypewriter. Machinery or equipment that

employs interactive text based communications through the transmission
of

coded signals across the telephone network. TTYs may include, for
example,

devices known as TDDs (telecommunication display devices or

telecommunication devices for deaf persons) or computers with special

modems. TTYs are also called text telephones.

**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.

**Equivalent Facilitation (Reference 36 CFR 1194.5)**

Nothing in this part is intended to prevent the use of designs or
technologies as alternatives to those prescribed in this part provided
they result in substantially equivalent or greater access to and use of
a product for people with disabilities.

## B. Technical Standards (Sections are numbered below identically to the Architectural and Transportation Barriers Compliance Board EIT Accessibility Standards)

**1194.21 Software applications and operating systems.**

\(a\) When software is designed to run on a system that has a keyboard,
product functions shall be executable from a keyboard where the function
itself or the result of performing a function can be discerned
textually.

\(b\) Applications shall not disrupt or disable activated features of
other products that are identified as accessibility features, where
those features are developed and documented according to industry
standards. Applications also shall not disrupt or disable activated
features of any operating system that are identified as accessibility
features where the application programming interface for those
accessibility features has been documented by the manufacturer of the
operating system and is available to the product developer.

\(c\) A well-defined on-screen indication of the current focus shall be
provided that moves among interactive interface elements as the input
focus changes. The focus shall be programmatically exposed so that
assistive technology can track focus and focus changes.

\(d\) Sufficient information about a user interface element including
the identity, operation and state of the element shall be available to
assistive technology. When an image represents a program element, the
information conveyed by the image must also be available in text.

\(e\) When bitmap images are used to identify controls, status
indicators, or other programmatic elements, the meaning assigned to
those images shall be consistent throughout an application\'s
performance.

\(f\) Textual information shall be provided through operating system
functions for displaying text. The minimum information that shall be
made available is text content, text input caret location, and text
attributes.

\(g\) Applications shall not override user selected contrast and color
selections and other individual display attributes.

\(h\) When animation is displayed, the information shall be displayable
in at least one non-animated presentation mode at the option of the
user.

\(i\) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or
distinguishing a visual element.

\(j\) When a product permits a user to adjust color and contrast
settings, a variety of color selections capable of producing a range of
contrast levels shall be provided.

\(k\) Software shall not use flashing or blinking text, objects, or
other elements having a flash or blink frequency greater than 2 Hz and
lower than 55 Hz.

\(l\) When electronic forms are used, the form shall allow people using
assistive technology to access the information, field elements, and
functionality required for completion and submission of the form,
including all directions and cues.

**1194.22 Web-based intranet and internet information and
applications.**

\(a\) A text equivalent for every non-text element shall be provided
(e.g., via \"alt\", \"longdesc\", or in element content).

\(b\) Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation.

\(c\) Web pages shall be designed so that all information conveyed with
color is also available without color, for example from context or
markup.

\(d\) Documents shall be organized so they are readable without
requiring an associated style sheet.

\(e\) Redundant text links shall be provided for each active region of a
server-side image map.

\(f\) Client-side image maps shall be provided instead of server-side
image maps except where the regions cannot be defined with an available
geometric shape.

\(g\) Row and column headers shall be identified for data tables.

\(h\) Markup shall be used to associate data cells and header cells for
data tables that have two or more logical levels of row or column
headers.

\(i\) Frames shall be titled with text that facilitates frame
identification and navigation.

\(j\) Pages shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz.

\(k\) A text-only page, with equivalent information or functionality,
shall be provided to make a web site comply with the provisions of this
part, when compliance cannot be accomplished in any other way. The
content of the text-only page shall be updated whenever the primary page
changes.

\(l\) When pages utilize scripting languages to display content, or to
create interface elements, the information provided by the script shall
be identified with functional text that can be read by assistive
technology.

\(m\) When a web page requires that an applet, plug-in or other
application be present on the client system to interpret page content,
the page must provide a link to a plug-in or applet that complies with
§1194.21(a) through (l).

\(n\) When electronic forms are designed to be completed on-line, the
form shall allow people using assistive technology to access the
information, field elements, and functionality required for completion
and submission of the form, including all directions and cues.

\(o\) A method shall be provided that permits users to skip repetitive
navigation links.

\(p\) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.

Note to 1. The Board interprets paragraphs (a) through (k) of this
section as consistent with the following priority 1 Checkpoints of the
Web Content Accessibility Guidelines 1.0 (WCAG 1.0) (May 5, 1999)
published by the Web Accessibility Initiative of the World Wide Web
Consortium:

# Section 1194.22 Paragraph (a) WCAG 1.0 Checkpoint 1.1

Section 1194.22 Paragraph (b) WCAG 1.0 Checkpoint 1.4

# Section 1194.22 Paragraph (c) WCAG 1.0 Checkpoint 2.1

Section 1194.22 Paragraph (d) WCAG 1.0 Checkpoint 6.1

# Section 1194.22 Paragraph (e) WCAG 1.0 Checkpoint 1.2

Section 1194.22 Paragraph (f) WCAG 1.0 Checkpoint 9.1

# Section 1194.22 Paragraph (g) WCAG 1.0 Checkpoint 5.1

Section 1194.22 Paragraph (h) WCAG 1.0 Checkpoint 5.2

Section 1194.22 Paragraph (i) WCAG 1.0 Checkpoint 12.1

# Section 1194.22 Paragraph (j) WCAG 1.0 Checkpoint 7.1

Section 1194.22 Paragraph (k) WCAG 1.0 Checkpoint 11.4

2\. Paragraphs (l), (m), (n), (o), and (p) of this section are different
from WCAG 1.0. Web pages that conform to WCAG 1.0, level A (i.e., all
priority 1 checkpoints) must also meet paragraphs (l), (m), (n), (o),
and (p) of this section to comply with this section. WCAG 1.0 is
available at http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505.

**1194.23 Telecommunications products.**

\(a\) Telecommunications products or systems which provide a function
allowing voice communication and which do not themselves provide a TTY
functionality shall provide a standard non-acoustic connection point for
TTYs. Microphones shall be capable of being turned on and off to allow
the user to intermix speech with TTY use.

\(b\) Telecommunications products which include voice communication
functionality shall support all commonly used cross-manufacturer
non-proprietary standard TTY signal protocols.

\(c\) Voice mail, auto-attendant, and interactive voice response
telecommunications systems shall be usable by TTY users with their TTYs.

\(d\) Voice mail, messaging, auto-attendant, and interactive voice
response telecommunications systems that require a response from a user
within a time interval, shall give an alert when the time interval is
about to run out, and shall provide sufficient time for the user to
indicate more time is required.

\(e\) Where provided, caller identification and similar
telecommunications functions shall also be available for users of TTYs,
and for users who cannot see displays.

\(f\) For transmitted voice signals, telecommunications products shall
provide a gain adjustable up to a minimum of 20 dB. For incremental
volume control, at least one intermediate step of 12 dB of gain shall be
provided.

\(g\) If the telecommunications product allows a user to adjust the
receive volume, a function shall be provided to automatically reset the
volume to the default level after every use.

\(h\) Where a telecommunications product delivers output by an audio
transducer which is normally held up to the ear, a means for effective
magnetic wireless coupling to hearing technologies shall be provided.

\(i\) Interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) shall be reduced to
the lowest possible level that allows a user of hearing technologies to
utilize the telecommunications product.

\(j\) Products that transmit or conduct information or communication,
shall pass through cross-manufacturer, non-proprietary,
industry-standard codes, translation protocols, formats or other
information necessary to provide the information or communication in a
usable format. Technologies which use encoding, signal compression,
format transformation, or similar techniques shall not remove
information needed for

access or shall restore it upon delivery.

\(k\) Products which have mechanically operated controls or keys, shall
comply with the following:

\(1\) Controls and keys shall be tactilely discernible without
activating the controls or keys.

\(2\) Controls and keys shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist. The force
required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.

\(3\) If key repeat is supported, the delay before repeat shall be
adjustable to at least 2 seconds. Key repeat rate shall be adjustable to
2 seconds per character.

\(4\) The status of all locking or toggle controls or keys shall be
visually discernible, and discernible either through touch or sound.

**1194.24 Video and multimedia products.**

\(a\) All analog television displays 13 inches and larger, and computer
equipment that includes analog television receiver or display circuitry,
shall be equipped with caption decoder circuitry which appropriately
receives, decodes, and displays closed captions from broadcast, cable,
videotape, and DVD signals. As soon as practicable, but not later than
July 1, 2002, widescreen digital television (DTV) displays measuring at
least 7.8 inches vertically, DTV sets with conventional displays
measuring at least 13 inches vertically, and stand-alone DTV tuners,
whether or not they are marketed with display screens, and computer
equipment that includes DTV receiver or display circuitry, shall be
equipped with caption decoder circuitry which appropriately receives,
decodes, and displays closed captions from broadcast, cable, videotape,
and DVD signals.

\(b\) Television tuners, including tuner cards for use in computers,
shall be equipped with secondary audio program playback circuitry.

\(c\) All training and informational video and multimedia productions
which support the agency\'s mission, regardless of format, that contain
speech or other audio information necessary for the comprehension of the
content, shall be open or closed captioned.

\(d\) All training and informational video and multimedia productions
which support the agency\'s mission, regardless of format, that contain
visual information necessary for the comprehension of the content, shall
be audio described.

\(e\) Display or presentation of alternate text presentation or audio
descriptions shall be user-selectable unless permanent.

**1194.25 Self contained, closed products.**

\(a\) Self contained products shall be usable by people with
disabilities without requiring an end-user to attach assistive
technology to the product. Personal headsets for private listening are
not assistive technology.

\(b\) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.

\(c\) Where a product utilizes touchscreens or contact-sensitive
controls, an input method shall be provided that complies with §1194.23
(k) (1) through (4).

\(d\) When biometric forms of user identification or control are used,
an alternative form of identification or activation, which does not
require the user to possess particular biological characteristics, shall
also be provided.

\(e\) When products provide auditory output, the audio signal shall be
provided at a standard signal level through an industry standard
connector that will allow for private listening. The product must
provide the ability to interrupt, pause, and restart the audio at
anytime.

\(f\) When products deliver voice output in a public area, incremental
volume control shall be provided with output amplification up to a level
of at least 65 dB. Where the ambient noise level of the environment is
above 45 dB, a volume gain of at least 20 dB above the ambient level
shall be user selectable. A function shall be provided to automatically
reset the volume to the default level after every use.

\(g\) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or
distinguishing a visual element.

\(h\) When a product permits a user to adjust color and contrast
settings, a range of color selections capable of producing a variety of
contrast levels shall be provided.

\(i\) Products shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz.

\(j\) Products which are freestanding, non-portable, and intended to be
used in one location and which have operable controls shall comply with
the following:

\(1\) The position of any operable control shall be determined with
respect to a vertical plane, which is 48 inches in length, centered on
the operable control, and at the maximum protrusion of the product
within the 48 inch length (see Figure 1 of this part).

\(2\) Where any operable control is 10 inches or less behind the
reference plane, the height shall be 54 inches maximum and 15 inches
minimum above the floor.

\(3\) Where any operable control is more than 10 inches and not more
than 24 inches behind the reference plane, the height shall be 46 inches
maximum and 15 inches minimum above the floor.

\(4\) Operable controls shall not be more than 24 inches behind the
reference plane (see Figure 2 of this part).

**1194.26 Desktop and portable computers.**

\(a\) All mechanically operated controls and keys shall comply with
§1194.23 (k) (1) through (4).

\(b\) If a product utilizes touchscreens or touch-operated controls, an
input method shall be provided that complies with §1194.23 (k) (1)
through (4).

\(c\) When biometric forms of user identification or control are used,
an alternative form of identification or activation, which does not
require the user to possess particular biological characteristics, shall
also be provided.

\(d\) Where provided, at least one of each type of expansion slots,
ports and connectors shall comply with publicly available industry
standards.

## C. Functional Performance Criteria

**1194.31 Functional performance criteria.**

\(a\) At least one mode of operation and information retrieval that does
not require user vision shall be provided, or support for assistive
technology used by people who are blind or visually impaired shall be
provided.

\(b\) At least one mode of operation and information retrieval that does
not require visual acuity greater than 20/70 shall be provided in audio
and enlarged print output working together or independently, or support
for assistive technology used by people who are visually impaired shall
be provided.

\(c\) At least one mode of operation and information retrieval that does
not require user hearing shall be provided, or support for assistive
technology used by people who are deaf or hard of hearing shall be
provided.

\(d\) Where audio information is important for the use of a product, at
least one mode of operation and information retrieval shall be provided
in an enhanced auditory fashion, or support for assistive hearing
devices shall be provided.

\(e\) At least one mode of operation and information retrieval that does
not require user speech shall be provided, or support for assistive
technology used by people with disabilities shall be provided.

\(f\) At least one mode of operation and information retrieval that does
not require fine motor control or simultaneous actions and that is
operable with limited reach and strength shall be provided.

## D. Information, Documentation, and Support

**1194.41 Information, documentation, and support.**

\(a\) Product support documentation provided to end-users shall be made
available in alternate formats upon request, at no additional charge.

\(b\) End-users shall have access to a description of the accessibility
and compatibility features of products in alternate formats or alternate
methods upon request, at no additional charge.

\(c\) Support services for products shall accommodate the communication
needs of end-users with disabilities.

Figures to Part 1194 Figure 1 Figure 2