# Presentation: 338367

## Electronic and Information Technology (EIT) Accessibility

- April 2002

## Background

- Workforce Investment Act of 1998 amended Section 508 of the Rehabilitation Act of 1973 to require that:
- When developing, procuring, maintaining or using EIT, agencies must ensure that employees with disabilities have access to and use of information and data that is comparable to that for other employees; and
- 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 that for members of the public without disabilities.
- To further those ends, the Act also required that:
- The Access Board publish EIT accessibility standards; and
- Federal agencies ensure that their procurements of EIT comply with those standards

## Regulations

- Effective Date of EIT Accessibility requirements:
-            **** June 25, 2001****
- FAC 97-27 (4-25-01) Revised FAR (particularly Part 39, IT Acquisition) to effect implementation of EIT Accessibility
- PIC 01-13 (06-21-01) Provided NASA-specific implementation and guidance
- GRC Abstract (7-9-01) Provided overview and initial guidance for local implementation

## Definitions

- Electronic and Information Technology (EIT)
- Same definition as information technology, except EIT also includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transactions 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.

## Definitions (continued)

- Information Technology (IT)
- 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.
- Access Board
- Architectural and Transportation Barriers Compliance Board, an independent Federal agency whose primary mission is to promote accessibility for individuals with disabilities

## Definitions (continued)

- Access Board’s Standards or Accessibility Standards
-     Regulation at 36 CFR Part 1194 that contains technical provisions to:
-      1) address the required functionality/performance of specific technologies and product categories,
-      2) identify broader functional performance criteria to cover technologies or items for which there is no specific provision (either because the technology or item doesn’t yet exist or wasn’t contemplated by the Board when the standards were developed, and
-      3) include requirements for accessible information, documentation, and support for EIT

## Definitions (continued)

- Commercial Non-Availability Determination
- A memorandum prepared by the technical requester when some or all of the applicable Access Board standards _cannot_ be met by items available in the commercial marketplace in time to meet our delivery requirements
- Undue Burden Exception Determination
- A memorandum prepared by the technical requester (concurrence by CO, Legal; approval by CIO) when compliance with all or part of the applicable Access Board standards would be an undue burden

## Impact

- For other than IDIQ contracts, the new accessibility requirements apply to EIT awards over $2500 made on or after June 25, 2001
- Awards (even multiyear) that were made before June 25, 2001 are not impacted.  Within scope mods and unilateral options may be processed as usual
- For IDIQ contracts, the new accessibility requirements apply to EIT delivery or task orders over $2500 issued on or after June 25, 2001
- Delivery/Task orders issued before June 25, 2001 are not impacted

## Exceptions 

- Awards at or under the micro-purchase threshold ($2500), at least until January 1, 2003,
- National security systems,
- EIT purchased by a contractor incidental to a contract,
- EIT to be located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring or,
- EIT purchases where application of the accessibility requirements would create an “undue burden” on the agency

## Implementation

**General**
- Access Board standards will, to a large extent, be considered during the _*planning and requirement*_* *_*development stages*_ of an EIT acquisition. (Evidenced by changes to FAR Parts 7 (Acq. Planning), 10 (Market Research), 11 (Describing Agency Needs), 12 (Commercial Items), and 39 (IT)
- For some EIT acquisitions, Access Board standards will be considered during the _*solicitation and evaluation stages*_ of the procurement.  (Informal discussions between GRC Procurement Division Management and Headquarters Management)

## Implementation (continued)

**Commercial Items**
-     We must comply with those Access Board standards that can be met with supplies or services that are available in the commercial marketplace in time to meet our delivery requirements.  So, if a commercial product that meets a certain standard isn’t going to be available in time to meet our required delivery date, we don’t have to buy that item.
**Requestors will be **_**heavily**_** involved in the consideration process**

## Implementation (continued)

**Product and Service Codes Involved**
- 70 _ _, Computer hardware, software, firmware, supplies, and support equipment
- D3 _ _, Computing and telecommunications services (operation and maintenance, systems analysis, data transmission, data entry, etc.)
- 58 _ _, Communication/Detection equipment (telephones, FAXs, video equipment, etc.)
- 74 _ _ and 3610, Office machines (calculators, copiers, hard copy storage and retrieval systems, etc.)
- UO _ _, Training services (when video/and or multimedia productions will be used)
- AR _ _, Space (and Aeronautics) R&D (when software is a deliverable under the contract/order)
- W058/70/74, Lease or rental of these items

## Implementation (continued)

**EIT Acquisitions at or under Micropurchase Threshold ($2500)**
- No action at this time
**EIT Commercial Supply and/or Service Orders**
**	**** ****($2501 to $100k)  (Excludes Training Services)**
- CO includes Glenn unique provision 52.239-91 in EIT solicitations whether quotes are written or oral
- Requester and CO evaluate any information submitted by the offeror relative to 52.239-91.  The results are considered as part of the “best value” selection of successful offeror
- The requester may need to prepare a Non-Availability Determination or Undue Burden Exception Determination, depending on evaluation results
- Acquisition proceeds.

## Implementation (continued)

**Training Service Orders where EIT May Be Used as Part of the Presentation ($2501 to $100k)**
- Requester reads Access Board standards and determines which provisions apply to the supply/service
- Requester performs market research and prepares an abbreviated Market Research Report
- Requester may need  to prepare a Non-Availability Determination or Undue Burden Exception Determination, depending on market research results.
- Requester finalizes SOW based on technical requirements and results of market research.
- Acquisition proceeds.

## Implementation (continued)

**EIT Noncommercial Supply/Service Orders/Contracts ($2501 to $100K) **
- Requester reads Access Board standards and determines which provisions apply to the supply/service.
- Requester develops specification or SOW based on technical requirements and the applicable Access Board standards.
- Acquisition proceeds.

## Implementation (continued)

**Federal Supply Schedule Orders for EIT (over $2500)**
- If product or service compliance is not already identified in the schedule, the CO obtains the necessary information directly from the vendor
- Requester and CO evaluate the information.  If the product/service is noncompliant or only partially compliant with the applicable Access Board standards, the requester performs some level of market research to try and find other suitable products/services that meet the standards.  If such products cannot be found, a Non-Availability Determination is prepared.  If such products are available, but it would be an undue burden to acquire them an Undue Burden Exception Determination is prepared.
- Acquisition proceeds.

## Implementation (continued)

**IDIQ/GWAC Orders for EIT (Over $2500) **
**	****(Ex: ODIN & SEWP Orders)**
- FAR requires that COs for these contracts must indicate to requiring and ordering offices, which EIT products and services the contractor indicates are compliant and show where the details of compliance can be found
- If product or service compliance is not already identified in the contract, the CO will obtain the necessary information directly from the contract CO.
- The requester and CO evaluate the information. If the product/service is noncompliant or only partially compliant with the applicable Access Board standards, the requester performs some level of market research to try and find other suitable products/services that meet the  standards.  If such products cannot be found, a Non-Availability Determination is prepared.  If such products are available, but it would be an undue burden to acquire them, an Undue Burden Exception Determination is prepared.
- Acquisition proceeds

## Implementation (continued)

**Commercial and Noncommercial EIT Supply/Service Contracts/Orders (over $100k) ****	**
- CO and requester prepare a Market Research Report.  Requester consideration of Access Board standards and provisions that apply to the required supply/service are addressed in the EIT section of the Report.
- Requester may need to prepare a Non-Availability Determination or Undue Burden Exception Determination, depending on Market Research results.
- Requester finalizes specifications or SOW based on technical requirements and results of market research.
- Acquisition proceeds.

## Implementation (continued)

**R&D Orders/Contracts when EIT is a Deliverable (over $2500)**
- Market Research Reports are not applicable to R&D acquisitions
- Requester reads Access Board standards and determines which provisions apply to the supply/service.
- Requester develops specification or SOW based on technical requirements and the applicable Access Board standards.
- Acquisition proceeds.

## EIT Accessibility Website

**http://www.grc.nasa.gov/WWW/Purchase/Section_508_Site.htm**
**Available through GRC Procurement Web at**
**	****“****Technical Guidance”**
**Contents**
- Compliance Guidelines
- Accessibility Standards (36CFR, Part 1194)
- Frequently Asked Questions
- Regulatory References
- Templates
-   File Checklist Revisions
- GRC Overprint of NF1098 – “Market Research” tab revised to specify Report and EIT Determinations
- NASA-C-4 – “Market Research” tab revised to specify EIT Determinations