SUMMARY OF DOCUMENTATION TOOLS
This tool is for the requiring official to complete even before s/he completes the Purchase Request. It walks the customer through the process of determining whether he has a procurement requirement subject to Section 508. This form assumes no prior knowledge of Section 508 by the customer. The customer is required to certify as to his/her determination and findings (D&F). This D&F is provided in a "long form," which includes step-by-step guidance, and a "short form," which includes only the required determination.
Attachments to this Determination and Findings (D&F) document include: Attachment A, EIT Commercial Non-Availability Certification; Attachment B, EIT Undue Burden Exception Determination and Certification; and, Attachment C, Section 508 Decision Tree for Procurement Requestor Processing.
Attachment A, the EIT Commercial Non-Availability Certification, may also be used as a standalone document for the requiring official to document non-availability if receipt of proposals indicates that he was mistaken to have certified that compliant products were available at the time of submitting his/her purchase request.
Attachment B, the EIT Undue Burden Exception Determination and Certification, would be completed when compliance with any part of the standards would impose an undue burden. This would typically be determined either before the completion of the Purchase Request, or during offer/proposal evaluation.
Attachment C, Section 508 Decision Tree for Procurement Requestor Processing graphically portrays the decision process formatted in the D&F. It may prove most useful to walk a customer through the decision tree to achieve a general grasp of the decision process before s/he reviews the text documents of the package.
NOTE: This D&F form should be widely distributed as soon as possible to procurement customers in order to encourage early understanding of their responsibilities in implementing Section 508.
The suggested language implements the standards developed by the Architectural and Transportation Barriers Compliance Board Final Rule (36 CFR Part 1194, Electronic and Information Technology Accessibility Standards). It places the burden on offerors to certify compliance/noncompliance with the 75 separate standards listed, all of which may or may not apply to a specific item of EIT.
For purposes of educating requesters, and to assist in the development of documentation to support a non-availability determination or an undue burden determination, a detailed explanation of the included standards is attached. The sequence of this attachment is identical to the sequence of the content of the Access Board Final Rule so that easy cross-reference is possible. Also, the numbering of the Technical Standards is identical to the Access Board Final Rule.
Since IDIQ contracts themselves are not subject to Section 508, but ordering (including any quantity ordered as a part of the initial contract-e.g., the guaranteed minimum) against them is, some special considerations exist for them. This section enables the contracting officer to better manage changes to Sections C, L and M reflective of the unique status of IDIQ contracts, including a suggested Section C provision.
This narrative statement provides some guidance on conducting the proposal technical evaluation vis-a-vis the accessibility standards on other than IDIQ requirements. An Excel spreadsheet tool has been developed to assist the contractor in submitting his proposal, and the customer and contracting officer in evaluating it. It can be used regardless of the solicitation's overall technical evaluation method. Like the standards incorporated in the SOW, the offeror may find several standards "not applicable," the whole spreadsheet needs to be provided to the offeror and returned by him due to the interrelationships of the standards.
The spreadsheets may also be used by the purchase requestor during market research to more easily assess the comparative compliance of products.
These draft clauses are proposed for use until such time as the Federal Acquisition Regulations are amended to include standard government-wide clauses.
The representation clause attests to the completeness and accuracy of the Solicitation Section M Section 508 Technical Evaluation Excel spreadsheet submission. The representation clause should not be used for IDIQ solicitations since both compliant and non-compliant supplies and services may be offered in response to them.
The Warranty clause protects the Government against products found to be out of compliance with Section 508 as stipulated in the contract, and provides remedies for correction or replacement.
Final policy has not yet been issued by the Department of Commerce. However, in order to provide interim guidance, the following information is provided. This information is based on the current draft of the DOC Section 508 Policy. As final policy is published, information will be provided on any changes as soon as they are received.
Approvals of EIT Commercial Non-Availability Certifications and EIT Undue Burden Exception Determination and Certification are as follows:
FOR IT PRODUCTS AND SERVICES:
Operating Unit CIOs will have authority to approve these determinations within the following thresholds:
NWS <$10,000,000
NESDIS <$10,000,000
NOS <$2,500,000
NMFS <$2,500,000
OAR <$2,500,000
OMAO <$2,500,000
OFA <$2,500,000
Above these thresholds, the Determination and Certification will need to be submitted to the Department of Commerce CIO approval. Such requests must be submitted through the Operating Unit CIO.
FOR OTHER EIT PRODUCTS AND SERVICES:
Responsibility for approving these Determinations and Certifications will rest with the CFO. We do not, however, currently have any details on thresholds. As an interim policy, utilize the same thresholds as stated above for IT Products and Services.