Accessibility in Procurement - Texas Department of Information ...

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2 Δεκ 2013 (πριν από 3 χρόνια και 4 μήνες)

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by


Adrian
Roel

Pineda, CTCM, CTPM, QMHP

Accessibility Specialist

Department of Assistive & Rehabilitative Services

December 6, 2011

University of Texas at Austin

J.J. Pickle Research Campus

1


Accessibility & EIR, Demographics Texas Rules


World
-
wide Accessibility, US Law Suits


Accessibility in Procurement


Considering Accessibility in the Procurement Process


EIR Accessibility Requirements in Solicitations


Suggestions for RFPs


What’s a VPAT, Testing Plan & Analyzing VPATs


Contract Life
-
Cycle


2


Accessibility:
When all users, regardless of
disability, can obtain the same information &
perform the same functions.


EIR:

“Electronic Information Resources” Includes
information technology & any equipment or
interconnected system or subsystem of
equipment, that is used in the creation,
conversion, duplication, or delivery of data or
information.



1 Texas Administrative Code
§
213.1

3

According to the 2010 US Census (ACS)



Total
noninstitutionalized

US population is
approximately
309,349,689
.


36,354,712

are Americans with disabilities.


Total Texas
noninstitutionalized

population is
approximately
24,779,450
.


2,863,514

are Texans with disabilities.


4

Texas Administrative Code


1 TAC Chapter 206: State Web Sites


Subchapter B: State Agency Web Sites


§
206.50
: Accessibility and Usability (“copy” of 508)


Subchapter C: Higher Education Web Sites

x
§
206.70
: Accessibility and Usability (“copy” of 508)


1 TAC Chapter 213: Electronic & Information Resources


Subchapter B: Accessibility Standards for State Agencies


Subchapter C: Accessibility Standards for Higher Education

Texas Government Code


§
2054.456

Access to Electronic and Information Resources by State Employees

with Disabilities


§
2054.457

Access to Electronic and Information Resources by Other
Individuals

with Disabilities

5

U.S.

Sections 504,
508

ADA
Amendments
Act

E.U.

EU Mandate
376

U.N.

UN Convention
on Rights of
PwDs

China

Canada

United
Kingdom

Emerging & Evolving Standards Drive
Accessibility Requirements Around
the
World

WCAG 2.0


ATAG 2.0

9241
-
171

6

United States Federal Laws


Section 504 of the 1973 Rehabilitation Act



Prohibits organizations and employers
from excluding or denying
people with
disabilities an equal opportunity to
receive program benefits and services.
http://ericec.org/sect504.html


Americans with Disabilities Act

(ADA) of 1990



National mandate to eliminate
discrimination against people with
disabilities.
http
://www.usdoj.gov/crt/ada/pubs/ada.
txt


Section 508 of the 1973 Rehabilitation Act
(Amended in 1998)



Applies accessibility standards to
procurement and development of
electronic and information technologies
by federal government agencies.


www.section508.gov



7

.

Arizona State University
-

Sued by NFB & ACB for use of Kindle DX for
ebooks
; complaints also
filed with US
DoE

and
DoJ

on Case Western Reserve, University of Virginia, Pace University,
Princeton University, and Reed College. Settled.


Wells Fargo
-

Will pay up to $16 million to compensate individuals who experienced
discrimination in violation of Title III of the Americans with Disabilities Act


Target
-

Sued by NFB for inaccessible website. Settlement of $6M not including legal expenses,
site remediation, and other incidentals.


State of Texas
-

Major tech company and State of TX sued by NFB


Software is inaccessible to
blind State of TX employees.


Project Management Institute
-

(US
-
based organization) sued in UK due to inaccessible training
application.


Sylvan
-

Sued by
DoJ

for ADA violations. Settlement terms: must provide accommodations for
deaf and hard of hearing students.


Pennsylvania
-

Sued by NFB and state employees because web applications were

inaccessible to the blind. Settled.


Bank of America
-

ADA settlement over inaccessible ATMs








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Suit brought because the blind cannot use software manufactured by
Oracle Systems and used by state employees.



The newly acquired software replaced another software package that
had, in large part, been accessible to blind users.



The plaintiffs have asked a Texas court to require the software to be
made accessible to the blind and to require that the state discontinue its
purchases of inaccessible software.

Oracle Software Cannot Be Used by Blind Texas Employees

8

Purpose:

to enforce Texas law that requires
all IT purchased by the state to be
accessible to blind employees.


2007: National Federation of the Blind

Filed
Suit for Equal Access

Defendants named:


Director of HHSC


Director of TWC


Acting chief technology officer
for Texas

9

Goals of State Agencies


To purchase the most accessible products


most products aren’t 100% accessible


To ensure effective and efficient access to EIR


comparable in quality, timeliness of delivery, and availability


To comply with Texas EIR Accessibility Law


compliance is a primary selection factor


1 TAC 206 & 1 TAC 213


compliance levels must be
verified


Can add time to the procurement process


vendors may need accessibility training


Awareness of issues


Technical know
-
how

10

Accessible EIR Product Required: Direct Use of EIR

The following products must be accessible because they involve the
direct use of EIR:


software that will be used


on the state’s public facing websites


by state employees in performing their work


copy machines that will be used by state employees


services to develop software or websites to be used by state
employees and members of the public


contracted services through externally hosted websites used by
the public or state employees

Accessible EIR Product May Be Required: Indirect Use of EIR

Accessibility must also be considered when procuring contracted
services for EIR. Common examples:


contracting for human resources services that are delivered
through a website or telephone system.


contracting for wellness services that are delivered through social
media such as
Facebook

pages or through web
-
based multimedia
or videos.


contracting for training or technical support that is delivered
through electronic handbooks or forms, or through a Web
-
based
or telephone system.


purchasing transaction services that may require the public to
interact with EIR through interoperable controls, video screens,
menus, or websites as in the use of a debit card reader or ticket
kiosk.

11

12

Accessible EIR Product Not Required: Incidental Use of EIR


EIR is considered incidental or insignificant for purposes of a
contract when the EIR:


will
not

be used or accessed by employees or members of the
public in the performance of the contract.


will
not

become the property of the agency.


is used by a contractor's employees to access or manipulate
information that is not used by


state employees, or


the public.

13

Direct Use of EIR
-

EIR Accessibility Procurement Required= Yes


software used on state’s public facing websites.


software used by employees in the performance of their work.


copy machines that will be used by agency employees.


services to develop websites used by employees or the public.

Direct but insignificant use of EIR
-

EIR Accessibility Procurement
Required=Maybe


specific software with no administrative or public user interface.

Indirect use of EIR
-

EIR Accessibility Procurement Required= Maybe


human resources services delivered through a website or telephone system.


wellness services that may be delivered through social media such as
Facebook

pages or through Web
-
based multimedia or videos.


training or technical support that may be delivered through electronic handbooks,
forms, or through a Web
-
based or telephone information system.

NonEIR

-

EIR Accessibility Procurement Required=No

Purchase of food, office supplies, and other staples







Include Accessibility in contract oversight process



Perform additional testing for solution upgrades/maintenance (as needed)



Monitor for quality control and/or necessary corrective actions



Monitor contract changes to ensure that IT accessibility compliance is maintained



Review or dispute invoices for noncompliant billings



Reassess accessibility compliance/compliance status /plans prior to contract renewal


Step 10

Contract life cycle and maintenance


From Agency EIR need to accessibility process
flow

Step 2

Develop the specs, scope of work, and Ts
/ Cs

Step 3

Perform market research on the
accessibility status of available products

Step 1
Determine type of
EIR accessibility
procurement (Apply
accessibility clause usage
guidelines)



Accessibility compliance not required



No Accessibility procurement clause required



Acquire and review potential supplier VPATs (Voluntary Product Accessibility Templates)



Determine accurate accessibility compliance status to criteria



Include accessibility compliance criteria

Step 4

Include accessibility requirements in
solicitation document



Consider the relative importance of accessibility compliance in the context of the procured product/service



Include VPAT documentation request

Step 5

Route solicitation for internal review,
comments, and approval

Step 6

Submit purchase request and initiate
solicitation


Step 7

Evaluate vendor responses




Review for validity by IT accessibility coordinator or authority delegated to accessibility knowledgeable staff



Test solution for accessibility to validate documentation (VPAT) provided



For noncompliant bid responses



Assess the risk of deploying a noncompliant solution



Make additional request to supplier for accessibility remediation plan (includes planned compliance date)



Identify and recommend best solution for accessibility compliance to program

No

Yes

Step 8

Is pending contract
winner accessibility
compliant?



Initiate accessibility exception process, which includes:



Obtain formal accessibility remediation plan from supplier



Planned compliance date



Develop plan for alternative access methods (with supplier)



Receipt



Installation



Final accessibility validation in own environment (test servers, etc.)



Solution maintenance

Step 9

Award and implement contract

No

Yes

Process Flow for
IT
Accessibility Procurement

Yes

From Agency EIR Need


to
Procurement

Step 1

Determine
whether the EIR
must be
accessible (
apply
procurement
applicability
guidelines
)


Accessibility compliance with TAC
not required


No Accessibility procurement
applicability required

No

15

Considering Accessibility in the
Procurement Process




Include accessibility compliance
criteria

16

Step 4

Include accessibility
requirements in
solicitation document

Step 2

Develop the specs,
scope of work, and

T’s
/ C’s

Step 3

Perform market
research on the
accessibility status of
available products


Acquire and review potential supplier VPATs


Determine accurate accessibility compliance status to
TAC’s


Consider the relative importance of accessibility
compliance in the context of the procured product or
service


Include VPAT documentation request

Step 5

Route solicitation for
internal agency review,
comments, and
approval

17

Step 6

Submit purchase
request and
initiate solicitation


Step 7

Evaluate vendor
responses



Review for validity by EIR Accessibility
Coordinator or delegated accessibility
knowledgeable staff


Perform solution accessibility testing to validate
documentation (VPAT) provided


For noncompliant bid responses



Assess the agency risk of deploying a
noncompliant solution



Additional request to supplier for
accessibility remediation plan (includes
planned compliance date)


Identify and recommend best solution for
accessibility compliance to program

18

Initiate accessibility exception process, which
includes:


Obtain formal accessibility remediation plan
from supplier



Planned compliance date


Agency and supplier develop
plan for
alternative access
methods

Yes

No

Step 8

Pending
contract
award
accessibility
compliant?


Receipt


Installation


Final accessibility validation in agency environment
(test servers, etc.)


Solution Maintenance

Step 9

Award and implement
contract

19

Include
Accessibility in
Contract Oversight


Perform additional testing for solution upgrades
or maintenance (as needed)


Monitor for quality control and necessary
corrective actions


Monitor contract changes to ensure that EIR
accessibility compliance is maintained


Review or dispute invoices for noncompliant
billings


Reassess accessibility compliance, compliance
status, and plans before contract renewal


Step 10

Contract life
cycle and
maintenance


20

Language should be included in EIR
-
related solicitation stating



Vendor products must conform with all applicable 508 and 1
TAC 206 and 213 standards


Applies to all EIR developed & procured.



Vendors must include a completed Voluntary Product
Accessibility Template (VPAT) in their bid responses.



State may require access to the product to test for
accessibility before completing the purchase.


Request that the
vendor describe its capacity to respond to
and resolve any complaint
regarding accessibility of
products or services.


Require the
name of a person and contact information for
addressing accessibility questions and issues with the
product.


For every EIR product or service accepted under the contract
that
does not conform
to the accessibility standards and for
which an exception does not apply, request from the
vendor a plan &
timeline by which accessibility standards
will be incorporated into the product.


21

22


A standardized template used in the industry


A vendor
-
generated, product
-
specific statement that
provides relevant and specific information about
compliance with Section 508 Standards


Helps procurement and contracting officials make
preliminary assessments of the degree of accessibility
compliance in a vendor’s EIR


Allows procurement staff to evaluate accessibility
compliance consistently across multiple vendors


A vendor's familiarity with the VPAT can be an indicator of
the vendor’s level of understanding of EIR accessibility.

23

Date:


Name of Product:


Contact for more Information (name/phone/email):

Summary Table

VPAT


Voluntary Product Accessibility Template
®

Criteria

Supporting Features

Remarks and explanations

Section 1194.21 Software Applications and Operating
Systems





Section 1194.22 Web
-
based Intranet and Internet
Information and Applications





Section 1194.23 Telecommunications Products





Section 1194.24 Video and Multimedia Products





Section 1194.25 Self
-
Contained Closed Products





Section 1194.26 Desktop and Portable Computers





Section 1194.31 Functional Performance Criteria





Section 1194.41 Information, Documentation & Support





Main Sections categorized by EIR type

Degree of compliance

Supporting or exceptions information


Engage
procurement/contract teams when
purchasing
large
EIR
.


Be
very skeptical! VPATs may contain false, inaccurate, or
misleading information.


With
little technical skill, it
may be easy assessing
level of
accessibility knowledge and
accuracy
a vendor
reports on
their VPAT.


Red
Flags

Use
of N/A (not
applicable)
in areas of the VPAT
criteria
known
to be
applicable

Global, nonspecific accessibility statements

“Supported with Exceptions”

Very long “remarks” on minor exceptions

No VPAT available

Analyzing the VPAT

24

Scenario 1

the “questionable” VPAT



“Sniff testing” is usually all that’s needed (performed by Accessibility
Specialist).


Starting page + 1

2 pages deep.


For Web applications, use free online page checking tools (WAT,
etc.)


Perform brief screen reader (JAWS) test on key pages.


Document results.


No testing may be required if VPAT responses appear very problematic.


Scenario 2

the “reasonably credible” VPAT



More in
-
depth testing should be performed (by Accessibility Specialist)


Testing of all functions preferred.


For Web applications, use free online page checking tools (WAT,
etc.).


Detailed JAWS testing.


End user testing if possible.


Document results.

25

Possible Scenarios:


Vendor understands results and makes
changes.



Vendor needs minor technical education.



Vendor is unaware of EIR accessibility.



Vendor believes accessibility does not
apply.

26

1.
Code Validation


2.
Browser Testing


Turn off images


Don’t use the mouse


Increase font size


Change window size


3.
Online Accessibility Testing

(representative pages)


use more than one tool, example:
Worldspace

& Wave


4.
Screen reader Testing


JAWS


5.
Enterprise Accessibility Report



like
Worldspace

by
Deque

or
WebXM


6.
Hands
-
on Accessibility Testing


27

If the selected EIR product doesn’t comply with accessibility
guidelines, an approved exception form must be completed
before

the contract is awarded.


The EIR Accessibility Exception


does not eliminate risks associated with
nonaccessible

EIR


does not eliminate the responsibility to provide an accessible
solution


must provide solid justification for purchasing
nonaccessible

EIR


must include an “alternate means of access.”


must be signed by
agency head or designee
.


28


Commercial
Nonavailability

o
An accessible alternative product is not available.


Fundamental Alteration

o
A fundamental alteration would be required to make the product
accessible.


Undue Burden

o
It would be cost
-
prohibitive to make the product accessible.





29

30

31

HHS

Comptroller’s Contract
Ma湡来g敮t du楤i

ce摥d慬

Determination of
Need

Plan

Procurement Planning

Contract Planning

Solicitation Planning

Procurement

Procurement

Solicitation

Contract Execution

Contract Formation/ Rate
Establishment

Source Selection

Contract
Management

Contract Oversight

Contract Admin

Contract Monitoring

Contract Renewal

Contract Close
-
out/
Termination

Contract Close
-
Out


Texas Government Code 20.54.355


Texas Administrative Code, Title 34


32


Accessibility


Accessibility Report


Alternative Access


Americans with Disabilities Act of 1990


Browser Testing


Code Validation


Contract Life Cycle


Electronic & Information Resources (EIR)


Equivalent Functionality


Section 508


Web Content Accessibility Guideline (WCAG) 2.0
of 2008


W3c

33

Adrian
Roel

Pineda, CTCM, CTPM, QMHP

DARS Accessibility Team

4900 N. Lamar Blvd.

Austin, Texas 78756

Mail Code 1413

512
-
377
-
0639

adrian.pineda@dars.state.tx.us


34