Feb 06 2013

The Rehabilitation Act, the Federal Acquisition Regulation, the Americans with Disabilities Act, and the Telecommunications Act Unwrapped

Category: MisconceptionsHelen Chamberlain @ 11:42 am

Rehabilitation Act

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 501

Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency’s Equal Employment Opportunity Office.

Section 503

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.

Section 504

Section 504 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a “right-to-sue” letter before going to court.

Section 508

Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.
An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508.

The FAR

The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).

The 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), and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR Part 1194).

Americans with Disabilities Act

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Telecommunications Act

Section 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities.

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Jan 31 2013

Things to avoid in your solicitation

Category: Acquisition ProcessHelen Chamberlain @ 9:59 am

Here are some practices that GSA will point out as places to improve should you receive a letter from the GSA about the extent to which your FedBizOps solicitation considers Section 508.

  • Forgetting Section 508 when you are buying Electronic and Information Technology (EIT)
  • Forgetting Section 508 when you are buying services that include EIT deliverables
  • Posting your requirements in FedBizOpps in an inaccessible format
  • Not specifying appropriate technical and functional provisions
  • Not specifying provisions for Information, Documentation and Support if appropriate
  • Letting the vendor figure out how Section 508 applies
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Jan 22 2013

More ways to get a congratulations letter from GSA

Category: Acquisition ProcessHelen Chamberlain @ 10:00 am

Besides identifying the applicable Section 508 provisions, there are additional ways to get a congratulations letter from the GSA about the extent to which your FedBizOpps solicitation considers Section 508. You should include Section 508 in your acceptance criteria and evaluation factors. Evaluations should be based in part on the proposal responsiveness to the identified Section 508 requirements and considerations for accessibility. Potential vendors should be asked to provide evidence of conformance with these requirements through the Voluntary Product Accessibility Template (VPAT) or equivalent and supporting documentation. Supplies or services delivered as a result of a solicitation should be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. How can the agency know that the deliverables meet the requirements? Ask for a VPAT with each deliverable. Also, be sure potential vendors are notified of these acceptance criteria.

Next week we will talk about things to avoid in your solicitation.

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Jan 16 2013

How to get a congratulations letter from GSA

Category: Acquisition ProcessHelen Chamberlain @ 9:00 am

Want to know how to get a congratulations letter from the GSA about the extent to which your FedBizOpps solicitation considers Section 508? At a minimum, determine the applicable Section 508 provisions and include them in your solicitation. This includes identifying the specific technical provisions from 1194 Subpart B Technical Provisions. Subpart C Functional Performance Criteria always apply. Subpart D Information, Documentation, and Support almost always apply when you are buying EIT.

Next week we will talk about some other practices that will help you to get a congratulations letter.

It is always possible to do all these things and still have other issues in the letter, stay tuned.

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Jan 11 2013

Market Research why do it?

Category: Acquisition Process, Market Research Tips & TechniquesBuyAccessible Team @ 11:08 am

For Federal buyers, the short answer is because it is required by the FAR.

Recently we received a comment that suggested using social media to help with market research. While this is a unique way to find out about current state of EIT products and services it does not meet the requirements of the FAR for Market Research.
Remember that as a Federal buyer, you are responsible for the compliance of EIT product and services regarding Section 508 conformance which includes evaluation and testing.

FAR Subpart 39.2 Part 10.000(a)(3)(vii) states that agencies must use the results of market research to 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.
We have developed tools to assist with your Market Research responsibilities. Guidance on Conducting Accessibility Market Research, contains some excellent tips and techniques. We also have the Accessibility Resource Center, which is an alphabetical listing of vendors with links to their accessibility information. This information combined with the Buy Accessible Wizard tool (www.buyaccessible.gov) or the QuickLinks will fulfill your Section 508 due diligence requirements.

Remember it’s your responsibility as a Federal buyer to make sure you procure EIT that is accessible to persons with disabilities. The ramification if you don’t purchase accessible EIT is that your organization may get a lawsuit for non compliance.

For more information you may also contact your agency Section 508 Coordinator at www.section508.gov

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Dec 20 2012

Happy Holidays!

Category: About this blogBuyAccessible Team @ 5:33 pm

The Buy Accessible team wishes you Happy Holidays and a Happy New Year! We are off on vacation and will be back checking the blog on Jan 2, 2013.

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Dec 14 2012

The 12 top Section 508 Blog posts for 2012

Category: About this blogBuyAccessible Team @ 11:13 am

Counting down from #12, the top 12 Section 508 Blog posts are…
12. Example of Issues with Standard Section 508 Language
11. But what if no one in my office has a disability?
10. Department/Agency Section 508 Roles and Responsibilities Blog Series
9. New release of the BuyAccessible Wizard (4.2) is now available
8. Updated Market Research Guidance
7. What to do about Sole Source
6. Internal Department/Agency EIT Development Section 508 Responsibilities
5. Section 508 Testing Criteria
4. Quick Links can help with end of the year solicitations
3. Chief Information Officer Office (CIO) Section 508 Responsibilities
2. Contracting Officer (CO)/Contacting Officers Technical Representative (COTR) Section 508 Responsibilities

And the number 1 Section 508 Blog post for 2012 is…a blast from the past…
New Guidance Document on Acquisition for Accessible EIT !

Happy Holidays from the Buy Accessible Team!

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Dec 10 2012

Making Accessible Mobile Apps

Category: Website Accessibility, accessibilityBuyAccessible Team @ 12:33 pm

It seems like there is an app for everything under the sun these days. Making a website accessible to people with disabilities and accessible for mobile devices is often very similar. GSA’s Office of Citizen Services and Innovative Technologies sponsors http://mobilegovwiki.howto.gov/ to help the Federal agencies with their mobile gov activities. One page discusses accessibility of mobile apps, and has links for help specific to Apple, Android, and Blackberry apps.
Advice on testing, including testing for accessibility, is also offered.

We are not responsible for the content on these sites.

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Dec 05 2012

Finding Section 508 Assistance within Your Agency

Category: Agency Shared Practices, AnnouncementsBuyAccessible Team @ 12:32 pm

Did you know that your Agency may have a Section 508 Coordinator who can assist you with Section 508 issues and questions? Federal Government Section 508 Coordinators have been appointed by their department/agency as the central point of contact for information concerning Section 508 issues and solutions. They are responsible for supporting the implementation of Section 508 throughout the organization. Section508.gov has a search page for Section 508 Coordinators and a complete listing of Section 508 IT Coordinator(s) is also available. If you have need of Section 508 assistance this is the person you want to contact. If your organization is not listed or does not have a Section 508 Coordinator listed you can contact your CIO office to find out what needs to be done to get one.

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Nov 21 2012

Happy Thanksgiving!

Category: AnnouncementsBuyAccessible Team @ 11:00 am

Happy Thanksgiving from the Buy Accessible Team! We are thankful for all the hard work everyone in the Federal Government does to make Section 508 work and to all the vendors who make their Electroinic & Information Technology accessible to people with disabilities. Enjoy the holiday weekend!

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