Additional guidance and support material for the procurement of ...

notownbuffAI and Robotics

Nov 17, 2013 (3 years and 10 months ago)

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Génova, 6


28004 Madrid (SPAIN)

Tel: +34 91 432 60 56


Fax : +34 91 310 45 96

accessibility@aenor.es

-

www.aenor.es










SECRETARIAT:
AENOR



Date

2011
-
06
-
03

Reference

JWG eAcc
N
21


JWG eAcc

Title

"eAccessibility under mandate M/376"


Requested action


For information only


For discussion at







For comments (Deadli
ne:
2011
-
09
-
12
)


For voting (Deadline:





)


Other action

Secretariat

AENOR


Responsible

Ms Tania MARCOS

e
-
mail:
accessibility@aenor.es



Assis
tant

Ms Sara CANO

Tel: +34 91 432
60 56

Fax: +34 91 310 45 96

e
-
mail:
accessibility@aenor.es








Additional guidance and support material for the
procurement of accessible ICT products and services











2


Table of contents



List of acronyms

................................
................................
................................
............

3

1.

Introductory notes for procurers on accessibility of ICT products and services

......

4

1.1.

What is ICT accessibility

................................
................................
...............................

4

1.2.

Who benefits from ICT accessibility

................................
................................
..............

5

1.3.

Key principles for accessible procurement

................................
................................
....

7

1.4.

A note on terminology

................................
................................
................................
...

8

1.5.

The 7 principles on Universal Design

................................
................................
............

8

1.6.

Summary of key points

................................
................................
................................
..

9

2.

Guidance on conformity assessment and declaration in the procuring process

.....

9

3.

Guidance on inclusion of accessibility in ICT calls for tenders and contracts

.......

10

3.1.

Accessibility in the Procurement Directives

................................
................................

10

3.1.1.

General provisions

................................
................................
...............................

10

3.1.2.

Accessibility as a qualification criterion

................................
...............................

11

3.2.

Accessibility in technical specifications

................................
................................
.......

11

3.2.1.

Accessibility as an award criterion

................................
................................
......

12

3.2.2.

Accessibility in condi
tions for performing the contract

................................
........

13

3.2.2.1.

Provisions in the Directive

................................
................................
........................

13

3.2.2.2.

Buying Social

................................
................................
................................
...........

13

4.

Guidance on specification of suppliers’ accessibility capacity and ability.

............

14

5.

Inventory of accessibility support services

................................
...........................

14

6.

Other relevant resources to be included in the Toolkit

................................
.........

15

7.

Training for procurers on how to use the toolkit and additional material

...............

15

7.1.

ICT accessibility and user groups

................................
................................
...............

15

7.2.

Accessible ICT

................................
................................
................................
.............

16

7.3.

How

to Use the Toolkit

................................
................................
................................

16

Annex 1. Relevant information resources for procurers

................................
...............

18












3


List of acronyms


AENOR


Asociación Española de Normalización y Certificac
ión

ATM


Automated Teller Machine

CEN


European Committee for Standardisation

CENELEC


European Committee for Electrotechnical Standardization

CWA


CEN Workshop Agreement

D
-
X


Deliverable

EC


European Commission

E&IT


Electronic and information technology

EU


European Union

ETSI


European Telecommunications Standards Institute

ICT


Information and communication technology

ISO


International Organization for Standardization

PT


Project Team

SDoC


Suppliers'
declaration of conformity

TR


Technical Report

UD


Universal Design

UN CRPD


United Nations Convention on the Rights of Persons with Disabilities

WAI


Web Accessibility Initiative

W3C


World Wide Web Consortium

WCAG


Web Content Accessibility Guidelines












4



1.

Introductory notes for procurers on accessibi
lity

of
ICT products and services

It is essential that procurers have some understanding and knowledge about ICT
accessibility in order to use the Toolkit to maximum effect. This section provides a high
level overview of accessibility and describes a numbe
r of over
-
arching principles and
concepts that should be considered in both the procurement, supply and development
of ICT products and solutions that are as accessible as possible. The purpose of this
section is to raise awareness of the benefits of ICT
accessibility.
It will
provide
procurers with information on
all potential
beneficiaries of accessible ICTs and how the
numbers and ranges of these beneficiaries is set to change in the coming decades.


The accessibility guidance provided by the Toolkit

is provided within the framework of
Universal Design in which the specification of and testing of clear accessibility
requirements is one of the key components of developing and procuring accessible ICT
solutions
1
. However Universal Design also incorpora
tes a number of other key
concepts and principles that are
broader

than procurement and are provided here for
informational purposes and to help raise awareness of wider social and economic
gains that

can result from

buying accessible.


All users of the To
olkit should read this general introduction to ICT accessibility. While
not a definitive treatment of the topic, it will endeavour to provide a context and
framework for procurers and suppliers alike to understand how ICT accessibility
requirements can be

more efficiently, equitably and cost effectively included in the
overall procurement exercise. This section also introduces a number of concepts such
as user involvement and Universal Design that, while not core to the activity of
procurement, will assis
t procurers in better understanding and appreciating the overall
intent and purpose of the Toolkit in providing equal access to ICT systems of products
for persons with disabilities.

1.1.

What is ICT accessibility

Accessibility is defined as the “
extent to wh
ich products, systems, services,
environments and facilities can be used by people from a population with the widest

range of characteristics and capabilities to achieve a specified goal

in a specified context of use” (ISO TC 159).
2


In the context of a p
rocurement exercise,
and in particular in the context of this procurement Toolkit, this description of ICT
accessibility can be narrowed to an expression and objective measure of the degree to
which a proposed ICT solution or service is conformant with a s
et of functional
accessibility requirements and tests specified in a standard. However in these
introductory notes ICT accessibility is dealt with in the
broader

sense.





1

This is in line with the UN CRPD’s

“General obligation” which requires State Parties “to
promote
universal design in the development of standards and guidelines”. http://www.e
-
accessibilitytoolkit.org/toolkit/annexes/Text%20of%20the%20Convention#obligations

2

NOTE: Context of use includes
direct use or use supported by assistive technologies.

Source:
ISO/TC 159 Doc.N693 Res.284, Oct. 2010

Resolution taken at the 19th plenary meeting of
ISO/TC 159 "Ergonomics"
.







5


The following examples show how accessible ICTs can provide unprecedented and
equitab
le access for persons with disabilities.


1.

Office computer
s
. An employee with a profound motor impairment may use a
range of assistive technologies that interoperates the same software
applications as their colleagues.
Examples of these include a head mou
se to
select items on a screen, a sip and puff device to click and speech recognition
software for dictating text. Whatever the AT used, it is essential that
accessibility is considered during the procurement of both the computer
operating system and the
work applications.

2.

Self
-
service terminal
s
. Self
-
service terminals such as banking or ticketing
machines can
incorporate

many design features that make it more usable and
accessible for all people.
For example a screen that has a sufficiently high level
of

luminance

so as to be easily viewable and readable by a wheelchair user or
person of lower stature will also be easier to view by all users in bright ambient
light conditions such as sunshine.

3.

Subti
tles
.

Subtitles within any kind of multimedia documents o
r TV programmes
make the content easier to understand for hard hearing and deaf people, but
also for people watching TV in noisy environments, and even people with low
level of command in an specific language.



These examples illustrate
how accessibility

features can increase the value of a
product or service, making a wider range of users able to use it. They also illustrate
the
interplay between a person’s abilities and contextual factors whereby a person only
becomes unable to perform a ce
rtain task wh
en the technology or content is lacking in
certain features. This notion of disability as being related to barriers that exist within
society underpins the EC’s “European Disability Strategy 2010
-
2020: A Renewed
Commitment to a Barrier Free Europe” and is

contained within the UN CRPD definition
of disability:



Persons with disabilities include those with long
-
term physical, mental,
intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participat
ion in society on an equal basis with
other[s]”

(Article 1)
3


Therefore the social goals that this Toolkit
endeavors

to achieve are related to the
equitable inclusion of person
s

with disabilities i
n

all aspects of society through the
removal of barriers th
at result from the design of technology that is inaccessible.

1.2.

Who benefits from ICT accessibility

Definitions of disability differ in national policies resulting in a variety of mechanisms for
measuring the prevalence of disability. The 2011 World Report

on Disability by the
World Health Organisation and the World Bank estimated that one in seven people
(14%) worldwide encounter some form of disability of a permanent or temporary
nature
4
. The situation among Members States of the European Union is somewh
at
similar with the available data suggesting that at least one in six people (
17
%) of



3

Full text of the UN Convention on the Rights of Persons with Disabilities is av
ailable here:
http://www.un.org/disabilities/default.asp?navid=13&pid=150

4

World Health Organisation World Bank.
2011 World Report on Disability.

Available at
http://www.who.int/disabilities/world_report/2011/en/index.html







6


working age (16
-
64) in Member States have a disability or other long term illness
5
.
ICTs hold the potential to enable persons with disabilities to engage in social, cul
tural,
economic and political activity in an equitable manner to all people.


The number of people who benefit for accessibility features in ICT products and
services is likely to be far greater than the figures related to disability alone
6
. The
followi
ng are a few illustrative examples of how accessibility features are of benefit to
larger proportions of the population.




A high resolution screen on an automated teller (ATM) self
-
service terminal that
enables a wheelchair user or person of smaller stat
ure to read the text on the
screen in all ambient light conditions will also be easier to read for easier for all
sighted users to read.



The raised dot on the “5” key on a key pad not only assists blind users in
orientating their fingers on the keypad but
is of use to anyone who cannot or
does not look at the keypad during use.



Captions on television programmes are increasingly used in
a
noisy public
environment for TV programming such as news and sports events. These
captions are of benefit to anyone who
cannot hear the auditory commentary
due to hearing loss or proximity to the television.



Features such a text to speech and voice recognition for commands on mobile
phones are increasingly being used by non
-
vision impaired users who find
these features conv
enient while engaged in some other activity.

Whatever the percentage of persons with disabilities that benefit from including
functional accessibility requirements in the procurement of an ICT product or service, it
is likely that this number will increase

over

time due to the increasing proportion of
older people in society. Peoples’ abilities change as they age and the proportion of
older people in Europe is set to rise steadily over the coming decades. For example,
the old
-
age dependency ratio, (i.e. th
e ratio of people aged 15
-
64 in the population per
one person aged 65 or older), is set to more than double among the EU 27 countries
from 22% in 2005 to 48% in 2050
7
. Therefore it is important for procurers to note that
the beneficiaries o
f accessible fe
atures in ICTs are

set to increase significantly in this
time.




5

For further details on the prevalence of disability within the 27 Members States based on the
available data see the
“Commission s
taff Working Document Accompanying the communication
from the Commission to the Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions” on the “European Disability Strategy 2010
-
2020:
A Renewed Commitment to a
Barrier
-
Free Europe.” Available at
http://eur
-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52010SC1323:EN:NOT

6

Research conducted by Forrester on behalf of
Microsoft in 2003 found that 62% of US adults
over the age of 18 are likely to benefit from the use of accessibility features in ICTs. Full report
at
http://www.microsoft.com/ena
ble/download/default.aspx#research

7

Source:
United Nations World Population Prospects.
Referenced in “Regions 2020,
Demographic Challenges for European Regions”. Available at
http://ec.europa.eu/regional_policy/sources/docoffic/working/regions2020/pdf/regions2020_dem
ographic.pdf







7



1.3.

Key principles for accessible procurement

ICTs play an increasingly important role in the lives of Europeans. Accessible ICTs
have the potential to enable persons with disabilities to engage

fully in the social,
economic, cultural and political lives of their country and communities. It can enable
unprecedented levels of access to education and job opportunities. By ‘buying
accessible’ publicly funded authorities can ensure that this already

disadvantaged
group can be more fully included in everyday life. By incorporating clear and
achievable accessibility requirements that are
harmonised

among Member States, EU
public procurers have the opportunity to increase the demand for accessible ICT
products and services and also deliver good social outcomes. Accessible ICT
procurement is therefore about setting an example and influencing the market
-
place.


The UN Convention on the Rights of Persons with Disabilities directly addresses the
risks of
exclusion that the increasing usage of ICTs may create for persons with
disabilities in the areas of social, economic, political and cultural life. It treats ICT
accessibility as an integral part of accessibility rights, on a par with accessibility to the
physical environment and transportation. It addresses the root cause of inaccessibility
of many products and services and the potentially high cost of including additional
requirements by
emphasising

the need to incorporate functional accessibility
requir
ements as the earliest stage possible in the development cycle. It imposes
Universal Design for the development of products and services as a general obligation
“so that these technologies and systems become accessible at minimum cost”.


Universal Desig
n is therefore a key strategy for the design and development of
ICT
products and services that are usable by all people, to the greatest extent possible. It is
defined as

design of products, environments, programmes and services to be usable by all
people
, to the greatest extent possible, without the
need for adaptation or
specialis
ed design. “Universal design”
shall

not exclude the use of assistive
devices for particular groups of persons with disabilities where this is needed.


T
his Toolkit provides spec
ific guidance on the procurement of accessible ICTs that
meet the needs
all users and specially
persons with disabilities

and the elderly,
within
the wider context of endeavouring to enable more people to enjoy and use ICTs in as
independent and efficient
a manner as possible. Universal design is therefore
proposed here as a strategy for both procurers and suppliers that will help enable the
procurement, development and delivery of ICT products and services that are usable to
all people to the greatest ext
ent possible. While Universal Design explicitly requires
the interoperability of an ICT soluti
on
with assistive devices for particular groups of
persons with disabilities where this is needed, it also seeks to move away from
stigmatizing ‘disabled only’ s
olutions and towards the design and development of ICT
solutions that better meet the needs of all people including those of people with specific
functional accessibility requirements such as people with disabilities. Therefore, as per
the definition of a
ccessible design in CEN/CENELEC Guide 6:2002 (ISO/IEC Guide
71:2001) accessibility is a subset of Universal Design. Universal Design is as an
overarching methodological framework for use in public procurement whereby the
needs of all users, but in particu
lar the needs of people with disabilities are
incorporated into the procurement process. At the core of Universal Design, as in this
Toolkit, is the need to specify clear functional accessibility requirements that are






8


testable to the degree that a determi
nation can be made as to whether or not they have
been met in the
equipment or service

being procured.


Universal Design is of interest to procurers for a number of reasons. In the first
instance many procurements, such as the development of a new websi
te, or other
bespoke product or service require the provision of design services as part of the
development of the procured object. Functional accessibility requirements are one
specific aspect of a procurement that occurs in the context of other objective
s such as
the delivery of services that are equitable to all. As such Universal Design is proposed
here as both a design methodology and a
organisational

strategy for accessible
procurement that incorporates
organisational

commitment and leadership,
prior
itises

organisational

spend categories to enhance social outcomes for the procurement,
raises awareness of accessibility and involves key stakeholder and measures effective
implementation.
8


1.4.

A note on terminology

There are a large number of terms such as d
esign for all, accessible design, barrier
free design, inclusive design and transgenerational design that are used similarly to
Universal Design but i
n

different contexts
9
. Within the context of this procurement
Toolkit, accessibility is considered a subs
et of Universal Design where products and
environments are usable by all people, to the greatest extent possible, thereby
minimizing the
need for adaptation or specialis
ed design but ensuring interoperability
with assistive technologies where required.

1.5.

The

7
p
rinciples on Universal Design

The seven principles are reproduced and paraphrased here as a basis for providing
procurers with an understanding of Universal Design and providing a framework for
better understanding the functional accessibility requirem
ents specified by the Toolkit.
According to the Center for Universal Design in North Caroline State University, the
Principles "may be applied to evaluate existing designs, guide the design process and
educate both designers and consumers about the charact
eristics of more usable
products and environments."




Equal opportunities for use.
The design is useful and accessible to people
with different skills



Flexibility in use.
The design accommodates a wide range of individual
preferences and abilities



Easy an
d intuitive to use.
The design should be easy to understand,
regardless experience, knowledge, language skills or concentration level.



Understandable information.
The design communicates necessary
information to the user in an efficient manner, regardless

of the circumstances
relating to the environment or the user's sensory abilities



Tolerance for error.
The design minimis
es hazards and
adverse
consequences, or minimis
e unintended actions




8

“Buying Social” available at
http://ec.europa.eu/social/BlobServlet?docId=6457&langId=en

9

Accessible Design (AD) is closely related to Universal Design. It emphasises adaptive design
and interoperability with assistive devices.








9




Low physical effort.
The design can be used efficiently and comfo
rtably and
with a minimum of fatigue



Size and space for approach and use.
Appropriate size and space is provided
for approach, reach, manipulation and use regardless of user's body size,
posture and mobility.

1.6.

Summary of key points


The following points ar
e intended to serve as a reminder to procurers and are a
summary of key points covered in this section:




Procurers and suppliers need a good understanding of accessibility



Accessible ICTs have the potential to enable persons with disabilities to engage
ful
ly and equally in the social, economic, cultural and political lives of their
country and communities.



Universal Design is a key strategy in the procurement, development, design and
delivery of accessible ICTs



Accessibility is predominantly a service qua
lity issue



Accessibility requirements should be included from the very earliest stages of
the procurement process


2.

Guidance on conformity assessment and declaration

in the procuring process

One of the key activities in the public procurement process is to
assure that the product
or service offered by the tenderer actually has the characteristics and qualities
specified in the technical specifications and award criteria.

The

Technical Report (TR)

on conformity assessment (D5)

provides guidance to the procure
r on how to establish
which conformity assessment systems or schemes the procuring body wants to refer to
in its procurement policy related to accessibility.


This section will incorporate guidance on the relevant issues related to conformity
assessment a
nd declaration in an acquisition process.

More specifically on

how to
formulate appropriate requirements in a supplier’s declaration of conformity, so as to
comply with ISO/IEC 17050 and how to include evidence that the supplier has applied
the accepted me
thods for assessment of accessibility; the procedures necessary to
demonstrate compliance with the functional accessibility requirements in the EN will be
part of the EN, and will be incorporated in the guidance and support material.


This section will als
o
comprise advice to procurers on managing the application of
accessibility requirements to the various a
spects of conformity assessment.








10


NOTE: As this section is directly linked to D4
-

TR on
Guidance for the application of
conformity assessment to Europ
ean

accessibility requirements for public procurement
of ICT products and

services
-

it will be produced when the TR is in a more advanced
stage and contains more stable contents.


3.

Guidance on inclusion of accessibility in ICT calls

for
tenders and contract
s

In any major procurement there are likely to be competing requirements in respect of
accessibility.
These will have to be assessed on the basis of:




How many people are likely to be affected



The level of the problems involved



The alternative modalities
available



The effect on speed of use



The financial costs involved

It is the context of use which will determine the relative importance of these factors.
The weighting of these factors should be specified prior to the call for tenders being
issued.


The k
ey areas for

including accessibility in ICT calls

are as follows:

3.1.

Accessibility in the Procurement Directives

3.1.1.

General provisions

The Directive encourages procurers to use accessibility criteria when defining the
technical spe
cifications of a desired product/service. Article 23, paragraph 1 specifies
that:


“whenever possible these technical specifications should be defined so as to
take into account accessibility criteria for people with disabilities or design for
all users”.

The Directive leaves the accessibility criteria

largely to the contracting authority’s
discretion. The words
‘whenever possible’

confirm the freedom of choice it is given to
trade off costs against accessibility considerations. It should be noted that "whe
never
possible" is more far
-
reaching than "whenever appropriate" or "whenever necessary".

The Directive contains no equivalent to the concept of “undue burden”, a key concept
in the US legislation on accessibility. Undue burden means significant difficulty

or
expense, which would exempt the contracting authority from pursuing such
procurement. 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 pr
oduct is being developed, procured, maintained, or used.

Accessibility can appear in the call
-
for
-
tender in four ways:



As a qualification criterion



As included in a technical specification







11




As an award criterion



As a condition for performing the contract

3.1.2.

Accessibility as a qualification criterion

The first phase of evaluation of tenders is the selection, or qualification, phase. The
objective is to
exclude those tenderers who are not qualified for performing the
contract. Tenderers who do not satisfy the
qualification criteria will be excluded from
the subsequent phases of the procedure.

There are two types of qualification criteria: one concerning the economic and financial
standing of the tenderer (Article 47), and one concerning the technical and/or
pro
fessional ability of the tenderer (Article 48). Qualification criteria are targeted to the
tenderer as an organization.

Accessibility may be introduced as a criterion for evaluating the ability of the tenderer.
Paragraph 2 of Article 48 contains an exhaus
tive list of means of proof, permissible to
be required in the call
-
for
-
tender. For example, a list of contracts carried out over the
past five years where accessibility considerations are included, whether the tenderer’s
staff includes accessibility exper
ts, a description of the technical and educational and
professional qualifications of the persons responsible for managing the work.

In two key decisions (Case C
-
532/06
Lianakis
, Case 31/87
Beentjes
)

the EC Court of
Justice has lain down that the qualific
ation phase and the award of contract are two
distinct phases governed by different rules. In particular, criteria concerning the
tenderer in general, such as experience, organization, manpower and equipment are
qualification criteria and cannot be used as

award criteria, since they are not
considered as linked to the subject
-
matter of the procurement.
For example,
accessibility criteria such as whether the tenderer has an accessibility policy, or an
organizational unit for accessibility, or whether accessi
bility is included in the quality
management system, are qualification criteria.

However, skills and education of those consultants who are named in the tender and
appointed as those who are actually intended to carry out the work are criteria linked to
t
he subject
-
matter of the procurement and hence can be used as award criteria.

3.2.

Accessibility in technical specifications

Article 23, paragraph 1 specifies that technical specifications shall be set out in the
contract documentation.


“Technical specifi
cation”

means the characteristics of a product or service that the
contracting authority wishes to buy. Annex VI, paragraph 1b, of the Directive provides a
non
-
exhaustive list of possible technical specifications:

“the required characteristics of a product

or a service, such as quality levels,
environmental performance levels, design for all requirements (including
accessibility for disabled persons) and conformity assessment, performance,
use of the product, safety or dimensions, including requirements rel
evant to
the product as regards the name under which the product is sold, terminology,
symbols, testing and test methods, packaging, marking and labelling, user
instructions, production processes and methods and conformity assessment
procedures;”

The princ
iples applicable to technical specifications (non
-
discrimination, equal
treatment, transparency) are defined in Clause 29 of the preamble:







12


“The technical specifications drawn up by public purchasers need to allow
public procurement to be opened up to compe
tition. To this end, it must be
possible to submit tenders which reflect the diversity of technical solutions.”

“The technical specifications should be clearly indicated, so that all tenderers
know what the requirements established by the contracting autho
rity cover.”

The key rule on technical specifications is stated in art. 23, paragraph 3, of the
Directive.

“Without prejudice to mandatory national technical rules, to the extent that
they are compatible with Community law, the technical specifications sh
all be
formulated:

(a) either by reference to technical specifications defined in Annex VI and, in
order of preference, to national standards transposing European standards,
European technical approvals, common technical specifications, international
stand
ards, other technical reference systems established by the European
standardization

bodies or


when these do not exist


to national standards,
national technical approvals or national technical specifications relating to the
design, calculation and execu
tion of the works and use of the products. Each
reference shall be accompanied by the words

or equivalent

;

(b) or in terms of performance or functional requirements; the latter may
include environmental characteristics. However, such parameters must be
s
ufficiently precise to allow tenderers to determine the subject

matter of the
contract and to allow contracting authorities to award the contract;

(c) or in terms of performance or functional requirements as mentioned in
subparagraph (b), with reference to the specifications mentioned in
subparagraph (a) as a means of

presuming conformity with such performance
or functional requirements;

(d) or by referring to the specifications mentioned in subparagraph (a) for
certain characteristics, and by referring to the performance or functional
requirements mentioned in subpara
graph (b) for other characteristics.”

This means that

contracting authorities are free to formulate accessibility specification
by referring either to standards or as performance/functional requirements. When there
are no European or international standard
s, contracting authorities
must

formulate the
accessibility specifications in performance or functional terms.
Where referring to
standards, each reference shall be followed by the words “or equivalent”.

3.2.1.

Accessibility as an award criterion

Article 53 of th
e Directive sets out that the criteria on which the contracting authorities
shall base the award of public contracts shall be either:

“(a) when the award is made to the tender most economically advantageous
from the point of view of the contracting authori
ty, various criteria linked to the
subject
-

matter of the public contract in question, for example, quality, price,
technical merit, aesthetic and functional characteristics, environmental
characteristics, running costs, cost
-
effectiveness, after
-
sales ser
vice and
technical assistance, delivery date and delivery period or period of completion,
or

(b) the lowest price only.”







13


A key phrase here is "linked to the subject
-
matter". Public procurers are free to select
the criteria on which they propose to base the
ir award of the contract. However, the EC
Court laid down in the Lianakis case that their choice is limited to criteria aimed at
identifying the tender which is economically the most advantageous.

The list of criteria in alternative (a) is not exhaustive.

Thus, accessibility can be used as
an award criterion provided that it is linked to the subject
-
matter of the contract. As an
award criterion, there is nothing unique about accessibility. The purpose of the award
stage in the procurement process is to all
ow the contracting authority to compare the
tenders and assess which tender best meets its needs. The chosen award criteria
should help the contracting authority to do this. They should relate to the intrinsic
qualities of each of the tenders.

3.2.2.

Accessibili
ty in conditions for performing the contract

3.2.2.1.

Provisions in the Directive

Article 26 states that

“Contracting authorities may lay down special conditions relating to the
performance of a contract, provided that these are compatible with Community
law and a
re indicated in the contract notice or in the specifications. The
conditions governing the performance of a contract may, in particular, concern
social and environmental considerations.”

Such conditions do not need to be fulfilled at the time of tendering;

however, the
tenderer who will be awarded the contract must fulfil them. As indicated in the
Directive, conditions for performance of the contract are mainly directed at conditions
on the execution of services.

3.2.2.2.

Buying Social

The European Commission publi
shed Autumn 2010 a guide, "Buying Social"
10
.
The
purpose of this Guide is to raise contracting authorities’ awareness of the potential
benefits of taking into account social considerations in their public procurement. It also
gives practical advice on how t
o include social considerations in public procurement.

Buying Social defines Socially Responsible Public Procurement (SRPP) as

"‘SRPP’ means procurement operations that take into account one or more of
the following social considerations: employment oppo
rtunities, decent work,
compliance with social and labour rights, social inclusion (including persons
with disabilities), equal opportunities, accessibility design for all, taking
account of sustainability criteria, including ethical trade issues (6) and w
ider
voluntary compliance with corporate social responsibility (CSR), while
observing the principles enshrined in the Treaty for the European Union
(TFEU) and the Procurement Directives."

The guide provides a
non
-
exhaustive list of examples of social consi
derations
potentially relevant to public procurement. One such example is

"Promoting ‘accessibility and design for all’ (12), such as:




10

Buying Social, A Guide to
Taking Account of Social C
onsiderations in Public Procurement,
Luxembourg: Publications Office of the European Union, 2010







14


––

mandatory provisions in technical specifications to secure access for
persons with disabilities to, for example, publ
ic services, public buildings,
public transport, public information and ICT goods and services, including web
based applications. The key issue is to buy goods and services that are
accessible to all."

The guide gives advice on how to include social consid
erations in different phases of
procurement: defining the requirements of the contract; selecting suppliers, service
providers and contractors; awarding the contract; and contract performance. It states
that

"
social considerations, depending on their natu
re, can be included only at
certain stages of the procurement procedure"

and that

"For example, social considerations regarding labour conditions are generally
more appropriate to be included in the contract performance clauses, as in
general they do not

qualify as technical specifications or selection criteria,
within the meaning of the Procurement Directives. On the other hand, it is
generally more appropriate to include accessibility considerations in the
technical specifications."

4.

Guidance on specifi
cation of suppliers’ accessibility
capacity and ability.


This section will
provide
a basis for specifications of what constitutes a supplier with
good capacities and abilities in the accessibility domain. Such a specification may
include “should” requirem
ents on organisation, policy, skills of staff, etc. It could be
used as a set of ordinary “should” requirements in the call
-
for
-
tender, but also as
conditions for performance of the contract, according to Article 26 of the Directive.


The guidance materia
l under this section will intend to
facilitate

the assessment and
selection of the suppliers with accessibility knowledge or background.


At this stage, the specific guidance is being developed having into
consideration the
feedback received in the
second
i
teration of the users requirements gathering process
.

5.

Inventory of accessibility support services


This section
will include a validated and contrasted list of relevant accessibility
support
services, including an inventory of national organizations that
provide databases or
directories of existing accessibility support services for use by procurement authorities.


At this stage, a set of criteria for the a
ccessibility support services to be listed
is

be
ing

drawn up

having into consideration the feedback
received in the
second i
teration of the
users requirements gathering process, as t
he need expressed by procurers for such
services
is the key criterium
.










15



6.

Other relevant resources

to be included in the Toolkit


Under this section complementary guidance
and support material for the online Toolkit
will be developed. These contents are in line with section 5 of D5 in order to cover all
relevant resources that will be included in the Toolkit.


At this stage, the resources are being planned after the analysi
s of the existing toolkits
and the selection of the approach for the European online toolkit. Therefore, a
preliminary outline of the relevant resources will contain at least the following guidance
material:



Writing an accessibility policy



Guidance
on th
e Toolkit

for suppliers




Guidance
on the Toolkit
for accessibility experts



Guidance
on the Toolkit
for policy makers



Glossary



Frequently asked questions


7.

Training for procurers on how to use the toolkit and
additional material


This section provides an ou
tline of the training required to procure accessible ICTs
through the use of the Toolkit. The training specified is based on the assumption that
procurers have very limited time to either learn about ICT accessibility and/or how to
use the Toolkit.


Whi
le it is necessary for all procurers to be able to use the Toolkit confidently and
efficiently, it is not necessary for them to have an in
-
depth knowledge of ICT
accessibility. However some level of introductory knowledge on accessibility is
necessary in
order of the procurer to have some understanding of functional
accessibility requirements and hence be able to use the Toolkit properly and efficiently.
The courses outlined are based on the specifications contained in the CEN Workshop
Agreement (CWA) 1626
6 “Curriculum for training ICT Professionals in Universal
Design”.


The initial intention is to provide appealing and easy to understand presentations on
the following three key aspects:


7.1.

ICT accessibility and user groups


Objectives:

To provide an intr
oduction to the numbers of people with disabilities
benefit from accessible ICTs

and the diversity of their needs.







16



Learning outcomes:

After completion of this unit, procurers will know:



Accessibility as an added value for all



The benefits of developing a
nd buying accessible ICT



The relevant policies and legislation that covers ICT accessibility


Content:



Statistics on user groups who are in danger of exclusion from the digital society



Main ICT requirements of the
people
at risk of exclusion



Specific examp
les of c
hallenging environments

and potential solutions based in
accessible ICT


Duration:

2 hours


7.2.

Accessible ICT


Objectives:

To provide an introduction to the accessibility aspects of computer
hardware, software and the internet.


Learning outcomes:

A
fter completion of this unit, procurers will know:



Common accessibility problems with computer hardware



Common accessibility problems of computer software



Accessibility issues with the design of websites


Content:



Specification for accessible hardware syst
ems



What are the types of accessibility problems with software and how they can be
resolved



How the design and structure of a website can have significant impact on the
accessibility of the service


Duration:

2 hours


7.3.

How to Use the Toolkit


Objectives:

To provide an introduction to the accessibility toolkit.


Learning outcomes:

After completion of this unit, procurers will know:



What the toolkit covers



How to use it to specify and evaluate functional accessibility requirements in a
procurement process



W
here to go to get further information


Content:



How the toolkit can be used during the various stages of procurement



How to measure proposals on the level of accessibility provided







17




Considerations during the procurement process

on planning for the ongoing
u
pkeep of accessibility of ICT products and services


Duration:

2 hours







18


Annex 1. Relevant information resources for procurers


This

annex

lists the key websites which provide factual information of potential use to
someone procuring ICT
products
or servi
ces.

This is a preliminary list that will be
refined and grouped according the needs and preferences of procurers.



Access Control Systems


www.cardiac
-
eu.org/guidelines/access_c
ontrol_systems.htm

An introduction to the accessibility aspects of access control systems.



Alternate Formats


www.cardiac
-
eu.org/guidelines/alternative_formats.htm

An introductio
n to alternative format for printed materials for people with disabilities.


www.jisctechdis.ac.uk/techdis/keyinitiativ
es/organisationaleffectiveness/enablingtechno
logy/accessibility_essentials

Guidance on making electronic documents more readable.


www.scie.org.uk/publications/misc/acc
essguidelinespublications.pdf

How to produce information in an accessible way.



Assistive Technology


www.portale.siva.it

Public searchable databases of products, companies, centres, ideas, case studies, fact
shee
ts; online advice; forum. In Italian and English.


www.subvedenti.it

Public repository of software products, resources for development, mainstream
products with built
-
in accessibility features. In Italian.


www.emptech.info

Product database; company database; Hints and Tips (idea of how to solve daily life
problems); case studies. In English.


info.stakes.fi/apuvalineet/FI/apudata/Apudata.htm

Provides contact information to manufacturers, sellers and other organisations that
work with assistive technology. Pro
ducts classified using ISO 9999. In Finnish.


www.nkl.fi

Public searchable database of products for people with visual impairments. In Finnish
and Swedish.


www.speechbubble.org.
uk

Public searchable database of communication aid technology devices. In English.







19



www.rehadat.de/rehadat

A series of databases including one on assis
tive technology. In German,
English

and
Spanish
.


www.computer
-
fuer
-
behinderte.de/index.htm

Product database of peripheral devices and tools, includes detailed descriptions and
prices. In German.


www.incobs.de

Web
portal for blind and visually impaired people that provides information about
assistive technologies and professional equipment at the workplace. Includes
evaluations of the accessibility of software applications. In German and English.


www.ab
-
nrw.de

Provides information on accessibility of computers and communications as well as
technical aids. In German.


www.barrierefrei
-
kommunizieren.de/datenbank/

Da
tabase of products and suppliers for computers and the internet. In German and
English.


www.hi.se/sv
-
se/Hjalpmedelstorget/

Database of assistive technology. In Swedish


www.abledata.com/abledata.cfm

Online database of assistive technology in the USA. In English.


www.handy
-
wijzer.nl

Database of assistive technology. Based on advertisements. In Dutch.


www.vindeenhulpmiddel.nl

Database of assistive technology. Uses ISO 9999 indexing. In Dutch.


www.hmi
-
basen.dk

Database of assistive technology devices. In Danish.


www.hjelpemiddeldatabasen.no

Database of assistive technology. In Norwegian.


www.disabled.gr

Database of assistive technology. In Greek and English.


www.assistivetech.net

Online information resource created by Georgia Tech's Center for Assistive Technology
and Environmental Access. It pr
ovides information on assistive technologies and
related resources.


www.dlf.org.uk/content/dlf
-
data

Comprehensive
database of daily living equipment
. It is available on subscription
.









20


Biometric Systems


www.cardiac
-
eu.org/guidelines/biometric_systems.htm

An introduction to the accessibility aspects of biometric systems.



Computer Hardware


www.cardiac
-
eu.org/guidelines/hardware.htm

An introduction to accessibility aspects of computer hardware.


www
-
03.ibm.com/able/guidelines/hardware/access
hardware.html

The IBM checklist for computer hardware accessibility.



Computer Software


www.inference.phy.cam.ac.uk/is/

Downloadable open source assistive software.


www.facilitoffice.org/i/

Downloadable freeware add
-
on for MS Office and OpenOffice that facilitates use by
people with disabilities. In Italian.


www.oatsoft.org

Online repository of open source assistive s
oftware. In English.


www.access
-
for
-
all.ch

PDF accessibility checker, and development of barrier
-
free PDF files. In German,
French and English.


universaldesign.ie/useandapply/ict/irishnationalitaccessibilityguidelines/applicationsoftw
are

The Centre for Excellence in Universal Design application software guidelines.


trace.wisc.edu/docs/software_guidelines/toc.htm

Application software design guidelines from Trace Center.



eBanking


www.cardiac
-
eu.org/guidelines/ebanking
.htm

An introduction to the accessibility aspects of eBanking.



eLearning


www.cardiac
-
eu.org/guidelines/e_learning.htm

An introduction to the accessibility aspects of eLearning.


www.imsproject.org/accessibility/accessiblevers/index.html

IMS guidelines for developing accessible learning applications.







21




eVoting


www.cardiac
-
eu.org/guidelines/e_voting.htm

An introduction to the accessibility aspects of eVoting.


webarchive.nationalarchives.go
v.uk/+/http://www.dca.gov.uk/elections/elect_odpm_acc
std.pdf

Disability Access Standards for the Electoral

Modernisation Pilot Projects
:
Access
standards for e
-
voting and e
-
counting technology



Inclusive Design


www.universaldesign.ie

The Centre for Excellence in Universal Design website includes ICT guidelines and
techniques.


www.inclusivedesigntoolkit.com/

The Cambridge University inclusive design toolkit.


www.ncsu.edu/project/design
-
projects/udi/

The Center for Universal Design at North Caroline State University, USA.



Internet

The most relevant sets of guidelines are those developed by the We
b Accessibility Initiative
(WAI) of the World Wide Web Consortium (W3C). W3C
-
WAI has established three sets of W3C
recommendations to improve the accessibility of the Web. These are:



WCAG

(Web Content Accessibility Guidelines), which concern how to make
Web sites sufficiently accessible so that people with disabilities are able to use
them alongside with today’s technologies. The ver
sion 2.0 was released on
December 2008.



ATAG

(Authoring Tool Accessibility Guidelines), which provide guidance for
software devel
opers in designing authoring tools that produce accessible web
content and in creating accessible authoring interfaces. A working draft of
ATAG 2.0 was released on July 2010.



UAAG

(User Agent Accessibility Guidelines), released in December 2002,
which concern how to make browsers and multimedia players more accessible,
as well as compatible with some of the assistive technology that

people with
disabilities use. A working Draft of UAAG was released on June 2010.


www.wob11.de

Design of accessible websites. In German.


www.bitvtest.de/

Test tool for accessibility

evaluation of websites. In German.


www
-
05.ibm.com/de/accessibility

Information on the design of acces
sible websites.








22


www.access
-
for
-
all.ch

Checklist for accessible web design


universaldesign.ie/useandapply/ict/webaccessibilitytech
niques

Centre for Excellence in Universal Design web accessibility guidance.



Public Access Terminals


www.cardiac
-
eu.org/guidelines/pats.htm

An introduction to the accessibility aspects of publ
ic access terminals.


trace.wisc.edu/ez/

A set of interface enhancements which can be applied to electronic products and
devices so that they can be used by more people including those with disabilities.
These enhanc
ements can be applied to a range of interactive electronic systems from
public information and transaction machines such as kiosks to personal handheld
devices like cellular phones.


www.universaldesign.ie/useandapply/ict/irishnationalitaccessibilityguidelines/publicacce
ssterminals

The Centre for Excellence in Universal Design public access terminal guidelines.


www.justice.gov/crt/508/archive/olditm.html

ITM accessibility checklist from Section 508 of Rehabilitation Act



Smart Cards


www.cardiac
-
eu.
org/guidelines/cards_and_smart_media.htm

An introduction to the accessibility aspects of cards and smart media.



Smart Living Systems


www.cardiac
-
eu.org/guidelines/smart_home.htm

An intro
duction to the accessibility aspects of smart living systems.



Telecommunications


www.cardiac
-
eu.org/guidelines/telecoms/index.htm

An introduction to the accessibility aspects of telec
ommunications.


www.spectronicsinoz.com/article/iphoneipad
-
apps
-
for
-
aac

Comprehensive listing of apps for assisted and augmented communication on iPhones
and iPads. In English.


www.access
-
board.gov/telecomm/rule.htm

USA Telecommunications Act accessibility guidelines.


www.access
-
board.gov/sec508/telecom
m
-
course.htm







23


USA Section 508 of the Rehabilitation Act Accessible Telecommunications Product
Design


universaldesign.ie/useandapply/ict/irishnationalit
accessibilityguidelines/telecoms

The Centre for Excellence in Universal Design telecommunication guidelines.



Television


www.cardiac
-
eu.org/guidelines/television/index.htm

An introd
uction to the accessibility aspects of television systems.


webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/ima
ges/publications/S
ensImpairleafletdec06.pdf

Television access for people with sensory impairments.


ncam.wgbh.org/invent_build/analog/dtv
-
access
-
a
-
resource
-
site
-
for/

DT
V access: A resource site for industry and consumers.



User Interfaces


www.cardiac
-
eu.org/guidelines/interfaces.htm

An introduction to
u
ser
i
nterfaces and
i
nterface
t
ransmission
t
echnologi
es to
a
ssistive
d
evices
.


myurc.org/tools/

The Universal Remote Console framework permits any adapted device to be controlled
from a remote control adapted to the user’s needs.