Ensuring Section 508 Compliance How to include Section

Ensuring Section 508 Compliance How to include Section 508 in acquisitions, grants, and business initiatives Gary M. Morin, NIH Section 508 Program, Analyst

Ensuring Section 508 Compliance How to include Section 508 in acquisitions, grants, and business initiatives Gary M. Morin, NIH Section 508 Program, Analyst

Today’s Discussion Integrating Section 508 in the procurement process, specifically the HHSAR language. Why 508 is important to include in RFAs and how to do it. Business Initiatives and Section 508. Q&A - now’s your chance!

Disability Laws Rehabilitation Act: 501: ensures Fed agency applicant & employee accessibility and non-discrimination 503: ensures Federal Gov’t Contractor (>$10, 000) non-discrimination 504: ensures non-discrimination by “any program or activity” that is funded by the Federal Gov’t 508: requires agencies “procure, maintain, and use” EIT that is accessible. Americans With Disabilities Act: Title I – Requires employee accessibility (including State/tribal Gov’t) Title II – Requires accessibility to all state activities by the public

Section 508 Covers Electronic and Information Technology (EIT) Requires “comparable access” A civil rights law achieved via acquisitions

Section 508 Standards-based Accessibility, not accommodation No cost/value factor – 508 is not a value calculation! Most like Security Some limited, rare exceptions

Integrating Section 508 in Acquisitions – CO/COTR Contracting Officer Ensure Requiring Official meets 508 responsibilities Act as conduit for vendor questions/responses Enforce HHS Section 508 policy and HHSAR Ensure Clearances COTR Determine Applicable Provisions Evaluate Vendor responses (HHS PAT – Product Assessment Template) Monitor Change request impact on Section 508 Include Section 508 in acceptance testing

Integrating Section 508 in Acquisitions – Requiring Official Acquisitions Planning Determining if EIT Identify COTR or 508 SME Evaluation Criteria Clearance Applicable Provisions 36 CFR 1194 (. 21 -. 41) Language (SOW) From HHSAR Must include applicable provisions

Integrating Section 508 in Acquisitions – Requiring Official EPLC 508 Critical Partner conditions Exceptions 508 Coordinator Clearance Evaluation Reading the PAT Acceptance Test against HHS acceptance criteria Engage Section 508 Coordinator when needed

Integrating Section 508 in Acquisitions – The bottom line Acquisitions planning Exceptions signoff Solicitations : Use the right language! (HHSAR) – warrants 508 Include applicable provisions in SOW Get a PAT Contracts: Language (again!) Acceptance criteria (checklists) Option Years Require 508 Annual Report

Why 508 is important to Grants and Agreements Overlapping laws 504 ADA Telecommunications Act Liability & Due Diligence HHS’ name is on many of these materials Guilt by association Cost of litigation/public impact

How to include electronic access in Grants/Agreements Tie to Section 504 requirement Modify existing 504 language to require accessible IT in program activities Require accessible electronic documents Reference HHS acceptance criteria/checklists States may have equivalent standards

MOAs with other Fed agencies Gov. Trip and My. Pay – the story so far Require Section 508 Identify applicable provisions Mandate HHS acceptance criteria unless other formal acceptance criteria used Require documentation (PAT) at a minimum General issue resolution What is the mechanism for issue resolution if HHS is unsatisfied?

Business Initiatives and 508 Communications and Marketing to SDB and DVowned businesses Referrals to Section 508 coordinator for help with understanding 508 requirements Possible business opportunities Testing 508 compliance Subcontracting re: 508 development Helping vendors fill out PATs

Questions and Answers Gary M. Morin, Program Analyst NIH Office of the Chief Information Officer (301) 402 -3924 Voice, (301) 451 -9326 TTY/NTS (240) 380 -3063 Videophone; (301) 402 -4464 Fax Section 508 Guidance, http: //www. hhs. gov/web/508/index. html [DILBERT cartoon used with Scott Adams’s Permission]