Interim Guidance
1. Interim regulatory guidance description
2. Background
3. Impact on HHSAR
4. Summary of Changes
5. HHS Section 508 Policy Responsibilities
Proposed HHSAR Changes
Part 307—Acquisition
Planning
Part 311—Describing
Agency Needs
Part 312—Acquisition
of Commerical 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
Schedule for Contractor Submission
of Section 508 Annual Report
1. Added to Part II, Summary Sheet
(and renumbered subsequent items)
2. Added to Part III, Project Considerations
and Information, (a)(1) Statement of Need
3. Added to Part III Project Considerations
and Information, (b)(1) (a) Potential Sources
4. Added to Part III Project Considerations
and Information, (b)(3) Source-selection procedures,
criteria, and instructions
5. Added to Part III Project Considerations
and Information, (b)(4) (j) Special Factors
6. Added to Part III Project Considerations
and Information
7. Added to Part III Project Considerations
and Information, (b)
8. Added to Part IV – Clearance/Approval
Checklist (and renumbered “Other Clearances”
as #10)
9. Revised second bullet in Part
VII – Attachments
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 thefollowing 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: “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: “311.003
Defining Electronic and Information Technology requirements.”
Revised 311.003 to read as follows:
“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),
managed by the General Services Administration, or
other Federal agency tools.”
PART 312—ACQUISITION OF COMMERCIAL ITEMS
Added: “Subpart 312.2 – Special Requirements for
the Acquisition of Commercial Items”
Added: “312.202(d) Market research and description
of agency need.”
Added: “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.”
PART 313 – SIMPLIFIED ACQUISITION PROCEDURES
Added: “313.003 Policy.”
Added: “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.”
Revised 313.301(b), Government-wide
commercial purchase card, to read as follows:
“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. See 313.003 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
Added: “Subpart 314.1 – Use of Sealed Bidding”
Added: “314.103 Policy.”
Added: “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.”
PART 315 – CONTRACTING BY NEGOTIATION
Added: “315.070 Policy.”
Added: “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.”
Added: “315.304 Evaluation Factors.”
Added: “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 regarding
processing exception determination requests.”
Added:
“(B)(6)” to 315.305(a)(3)(i) under 315.305
Proposal evaluation.
Added: “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
Added: “317.207 Exercise of options.”
Added: “Before exercising an option
for a subsequent performance period/additional quantity
under a multiple-year contract/order [see 339.201-70(c)],
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
Revised 332.702, Policy, to include a new subparagraph
(c), as follows:
332.702 Policy.
*****
“(c) Before adding incremental funding for a subsequent
performance period to a multiple-year contract/order
[see 339.201-70(c)] 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
Revised narrative of 339.201-70,
Required provision and contract clause, to read as
follows:
339.201-70 Required provision and contract clause.
(a) The Contracting Officer shall insert the provision
at 352.270–19(a) 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.) 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) 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.)”
(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:
“Subpart 339.2 – Electronic and Information Technology”
Added: “339.203 Approval of Exceptions.”
Added: “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 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
Added: “Subpart 342.3 – Contract Administration
Office Functions”
Added: “342.302(c) Contract administration
functions.”
Added: “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
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:
“352.270-19–Electronic and information technology
accessibility.
(a) The following provision shall
be used in solicitations as provided in 339.201–70(a):
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/. The
complete text of Section 508 Final Provisions
can be accessed at http://www.access-
board.gov/sec508/provisions.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.
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(b):
Electronic
and Information Technology Accessibility (XXXXXXX
2008)
Pursuant to Section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d), 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.
Information about Section 508 provisions is available
at http://www.section508.gov/.
The complete text of Section 508 Final Provisions
can be accessed at http://www.access-board.gov/sec508/provisions.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 .
(c) The following paragraph should be added
to Electronic and Information Accessibility (XXXXXXX2008clause
as provided in 339.201–70(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/ 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?
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 http://www.section508.gov/.
The complete text of Section 508 Final Provisions
can be accessed at http://www.access-board.gov/sec508/provisions.htm.
As appropriate, you may use the General Services
Administration’s Buy Accessible Wizard at http://www.buyaccessible.gov
or contact your OPDIV Section 508 Official or
Coordinator for assistance in determining applicable
Section 508 provisions.
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.
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.
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 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.
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.
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. 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 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.
9. Revised second bullet in Part
VII – Attachments:
- Approved Section 508 Undue Burden
or Commercial Non-Availability Request
|
Print 
Download
Reader 
