Public procurement

Legislation/regulations

Section 508 of the US Rehabilitation Act of 1973 (amended 1998) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to the use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities who are members of the public seeking information or services from a Federal agency have access to the use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

The Section 508 standards define the types of technology covered and set forth provisions that establish a minimum level of accessibility. The ICTs covered are:

  • Software applications and operating systems
  • Web-based intranet and internet information and systems
  • Telecommunication products
  • Video and multimedia products
  • Self contained, closed products
  • Desktop and portable computers

When procuring a product, each agency is required to procure products which comply with the provisions when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available which meet some but not all of the standards, the agency must procure the product that best meets the standards.

When procuring a product, if an agency determines that compliance with any provision imposes an undue burden, the documentation by the agency supporting the procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden.

The General Services Administration (GSA) monitors compliance and provides support. The GSA is planning to issue a “report card” that will document how many procurements / procurers are following good practice with respect to Section 508 requirements. The Department of Justice is required to report on progress in compliance every two years

Asking for VPATs (Voluntary Product Accessibility Templates) is a regular part of procurement. The template asks vendors to provide information about specific accessibility attributes that are relevant to the procurement. The procurement officer can then easily compare the attributes of competing offerings.
The new Buy Accessible Data Center is the successor to the GSA Buy Accessible Portal. The Center manages data and references to company and accessibility information about electronic and information technology products and services for government buyers.

Other initiatives

No other initiatives reported.

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We are interested in receiving any corrections and/or additional information that may help us to update or improve our understanding of the current state of affairs in this country concerning the consideration of accessibility criteria in public procurement of ICTs. This may concern information on relevant legislation, other policies and/or the level of accessibility actually achieved. Please enter your contribution in the “Leave a Reply” box below or send an e-mail to meac at empirica dot com.

2 Responses to “Public procurement”

  1. jimtobias says:

    Hi,

    This is a fascinating and essential project! I wish you the best of luck.

    Regarding “levels of activity” in US Section 508, please see this January 2008 article: http://www.fcw.com/online/news/151454-1.html

    The relevant passage reads: “GSA took a sample late last year and found that 80 percent of the solicitations did not mention accessibility requirements, 13 percent were minimally compliant and 7 percent were compliant. Those findings prompted OMB to send a reminder memo to agencies in November.”

  2. Ingo Meyer says:

    Hi jimtobias, thank you for the praise and also for that interesting link.
    Section 508 is quite well known among eAccessibility policy makers in the EU, since it provides one of the few examples of a comprehensive public procurement strategy encompassing eAccessibility. These figures seem to confirm what some people are saying: that there remains work to be done at the implementation level. We will definitely keep an eye on that.
    Do you know if there is anything like an official statement on Section 508 compliance from GSA so far?

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