Best Practices ICT Procurement Practices for State Agencies:

The Why, Who, What and How Presented by: Debra Ruh

Global Disability Inclusion Strategist

• Understand legal obligation and market drivers for accessible ICT

• Understand global drivers for accessible ICT • Understand Section 503 and 508 and the

influence of these laws and regulations on federal and state government procurement

• Learn about the 508 refresh! • Understand VPATs – what they are and aren’t • Understand best ICT practices of other states • A peek at the future and resources you can use!

Session Objectives

• AccessIT is an initiative of the Georgia State ADA Coordinator’s Office, AMAC Accessibility Solutions of Georgia Tech, and the Georgia Technology Authority.

• Created to support the adoption of accessible Information, Communication and Technology (ICT) to customers with a wide range of disabilities.

• Technical assistance and training focused on Georgia state agencies and higher ed.

What Is AccessIT?

Introduction • Debra Ruh founded Ruh Global in 2012. Proud to be on

the G3ict Advisory Board and a member of the G3ict Expert Panel.

• Ruh Global is a Strategic Marketing firm that allows organizations to connect and integrate the community of PwD and their families. Our services will enable corporate and public organizations to easily navigate the legal maze and confusing messages about and from the community of PwD.

• Ruh Global provides innovative yet personal marketing and communication consulting with a superior level of expertise and strong professional reputation.

• In 2001, Debra founded TecAccess, the leading provider of accessible Information & Communication Technologies (ICT). TecAccess merged with SSB BART Group (SSB) in April 2011 and Debra took on the role as the Chief Marketing Officer for SSB until December 2012.

Debra speaking in China Dell Take Your Own Path

• Mission: to promote the implementation of the dispositions of the CRPD relative to Information and Communication Technologies

• Multi-stakeholder non profit advocacy launched in December 2006 with the support of UNDESA (CRPD Secretariat and UN GAID)

• Funded by civil society – IT Industry, Disability Advocacy organizations, Foundations

• Office of the High Commissioner on Human Rights asked G3ict to organize disabilities & awareness for organizations.

Market Size

• Over 1 billion people, or about 15% of the world's population, live with some form of disability – that’s one in 7 people.

• There are 60 million plus persons with disabilities in the U.S., affecting approximately 1 in 2 Americans “living with” or “directly affected by these individuals.

• AARP (Association for the Advancement of Retired Persons) at age 50, adults begin experiencing age-related physical changes that affect hearing, vision, cognition and mobility.

• More people living longer will result in a dramatic increase of people experiencing some form of disability at some point in their lifetime.

Travelers with Disabilities Sara Ruh and friend - Egypt

Legal Obligations • Georgia Accessibility Code

(https://ada.georgia.gov/documents/access-and-use-public-facilities-handicapped-persons)

• ADA – Americans with Disabilities Act

• Section 508, 503 and 504 of the Rehabilitation Act of 1973

• Section 255 of the Telecommunications Act

• Twenty-First Century Communications and Video Accessibility Act

• Section 255, Telecommunications Act of 1996 (FCC)

• States – Section 508 “type”

• UN Convention on the Rights for People with Disabilities (CRPD)

• Air Carrier Access Act (ACAA)

• Help America Vote Act (HAVA)

OFCCP Final Rules for 503

Utilization goal: Establishes a nationwide 7% utilization goal for qualified Individuals

with Disabilities (IWDs). Contractors must apply the goal to each of their job groups, or to their

entire workforce if the contractor has 100 or fewer employees. Contractors must conduct an annual utilization analysis and assessment

of problem areas, and establish specific action-oriented programs to address any identified problems.

Data collection: Contractors must document and update annually several quantitative

comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire.

OFCCP Logo

Section 503 of Rehabilitation Act

Section 503 of the Rehabilitation Act of 1973 prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. This law is enforced by the Employment

Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor.

Jury Scales

Section 503 vs. Title I of the ADA

Section 503 of the Rehabilitation Act of 1973 is enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), and applies to specified federal contractors (includes subcontractors).

Title I of the ADA is enforced by the U.S. Equal Employment Opportunity Commission, and applies to private employers with 15 or more employees, as well as to state and local government employers.

Employers covered by both laws must comply with both laws.

In some instances, Section 503 requires contractors to take actions not required of other employers. Taking actions required under Section 503 does not violate the ADA.

OFCCP Final Rules for 503 Invitation to Self-Identify: Requires contractors to invite applicants to self-identify as IWDs at both the pre-offer and post-offer

phases of the application process, using language prescribed by OFCCP. Requires contractors to invite their employees to self-identify as IWDs every five years, using the

prescribed language

Incorporation of the EO Clause: Requires specific language be used when incorporating the equal opportunity clause into a

subcontract by reference

Records Access: Contractors must allow OFCCP to review documents related to a compliance check or focused review,

either on-site or off-site, at OFCCP’s option

ADAAA: The Final Rule implements changes necessitated by the passage of the ADA Amendments Act (ADAAA)

of 2008 by revising the definition of "disability" and certain nondiscrimination provisions of the implementing regulations

Source: NOD, USBLN and OFCCP

What entities are subject to the requirements:

If a business or organization has a Federal contract, subcontract, or federally assisted construction contract it may be subject to the requirements of Executive Order 11246.

Generally speaking, any business or organization that:

1) Holds a single Federal contract, subcontract in excess of $10,000.00;

2) Has Federal contract or subcontracts that combined total in excess of $10,000.00 in any 12-month period; or

3) $50,000 and 50 or more employees requires both non-discrimination and an Affirmative Action Plan

Section 503 – Who has to comply?

• If a State or local government has Government contracts, is it subject to the requirements of Executive Order 11246?

• Yes, if the contracts meet the threshold for coverage. However, the requirements of Executive Order 11246 apply only to the agency, instrumentality or subdivision of the State or local government that participates in work on or under the Government contract or subcontract.

• Further, except for universities and medical facilities, a State or local government agency, instrumentality, or subdivision that has a Government contract is exempt from the requirement to develop and maintain a written affirmative action program.

Section 503 –Who has to comply?

The Final Rule requires contractors to maintain Data Collection Analysis, documenting the following computations or comparisons pertaining to applicants and hires on an annual basis:

• The number of applicants who self-identified as individuals with disabilities or who are otherwise known to be individuals with disabilities;

• The total number of job openings and total number of jobs filled;

• The total number of applicants for all jobs;

• The number of applicants with disabilities hired; and

• The total number of applicants hired.

These records must be maintained for a period of three (3) years

Section 503 Data Collection Analysis

Law Books

• The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), prohibits employment discrimination against protected veterans by covered Federal contractors and subcontractors, and requires that they take affirmative action to employ and advance in employment these veterans.

• VEVRAA – establishes an 8% utilization goal for Veterans

VEVRAA

Section 508 - Laws & Regulations

• Section 508 is a US Federal law requiring Electronic and Information Technology developed, purchased, used, and maintained by the Federal government to be accessible to people with disabilities

• Required for all US Federal government purchases of ICT

• While directly applicable only to US Federal government Section 508 has been adopted as a best practice for procurement by most US public sector organizations

US Access Board Logo

Section 508 - Laws & Regulations Technical Systems

• Software applications and operating systems • Web-based information or applications • Telecommunications products • Video or multi-media products • Self contained, closed products such as office equipment and

kiosks • Desktop and notebook computers • Social Media

Services • Documentation • Support • Training

Section 508

Section 508 Refresh • Structure of requirements similar to the current structure

with technical and functional standards. • Functional performance requirements remain as a separate

requirement with an increase from six to nine user modalities. • Technical standards organized around product functions

• Web based systems • Two-way voice systems • Video conferencing systems

• All relevant product function technical standards apply. • Web requirements cover sites, applications and electronic

document content. • Target standards for web are Web Content Accessibility

Guidelines (WCAG) 2.0 A & AA requirements.

Introduction to Voluntary Product Accessibility Template (VPAT®)

• The Information Technology Industry Council (ITI) partnered with the U.S. General Services Administration (GSA) to create a tool to assist Federal contracting and procurement officials in fulfilling the market research requirements contained in the Section 508 implementing regulations.

• The result is the Voluntary Product Accessibility Template, or VPAT.

GSA Logo

Voluntary Product Accessibility Template (VPAT®)

Definition: • A VPAT is a vendor-generated statement (using the required template)

that provides relevant information on how a vendor’s product or service claims to conform to the Section 508 Standards.

Tool: • The VPAT was designed to provide information on how a product or

service conforms to the Section 508 Accessibility Standards (from the U.S. Access Board) for Electronic and Information Technology (EIT) in a consistent fashion and format.

• In general, Vendors should generate a VPAT whenever they develop products or services that are determined to be E&IT also known as Internet, Communications and Technology (ICT) and are to be sold in the Federal or State market place.

• In each VPAT, the vendor is expected to make specific statements, in simple understandable (recommended) language, about how their product or service meets the requirements of the Section 508 Standards.

How the VPAT® is Organized

Three column tables. First table has the overall standards. Subsequent tables have the paragraphs

from each of the standards.

Introduction to VPAT® Template

Introduction to VPAT® Template

column 1 • Criteria- lists the requirement

column 2 • “supporting features” How the product adheres to

the Criteria column 3

• “remarks and explanations” For detailed comments

VPAT

VPAT®– Common Language Column 2:

• Supports product fully meets the letter and intent of the Criteria. • Supports with Exceptions product does not fully meet the letter and intent of the

Criteria, but provides some level of access relative to the Criteria. • Supports through Equivalent Facilitation product has an alternate way to meet

the intent of the Criteria or when the product does not fully meet the intent of the Criteria.

• Supports when combined with Compatible AT product fully meets the letter and intent of the Criteria when used in combination with Compatible AT. For example, many software programs can provide speech output when combined with a compatible screen reader (commonly used assistive technology for people who are blind).

• Does not Support product does not meet the letter or intent of the Criteria. • Not Applicable Criteria do not apply to the specific product. • Not Applicable - Fundamental Alteration Exception Applies Fundamental

Alteration of the product would be required to meet the Criteria (see the access board standards for the definition of "fundamental alteration").

Column 3: • Used for further explanation of product features and how it meets or does not comply with

requirements.

VPAT® Role in procurement.

• Vendors create VPATs as a source of information. • Assists with the selection process. • Vendors post VPATS on their web sites and link to

GSA’s Buy Accessible website.

• Information Technology Industry Council VPAT page • http://www.itic.org/archives/articles/20040506/faq_voluntary_

product_accessibility_template_vpat.php

• VPAT template • http://www.itic.org/public-policy/accessibility

Procurement & Limitations of VPAT®

• Vendor Resistance • Self-Certify Compliance • Vague Answers • Comparing Oranges to Apples • Forgetting to Address All Applicable Standards

– (i.e. Web, Software, Multi-Media) • Procurement Weight • Adding to all ICT Procurement

Risk & Touch Points • Websites • HR Processes • HR Systems • Intranets • Student Service Applications • Learning Management Systems • E-Learning Courses • Customer Service Centers • Mobile Apps • Products and Services • Promotions & Marketing • Communications • Procurement

Bob English and Rose Musachio

Senior

Best Practices in State Procurement

• Oklahoma • Minnesota • Texas • Kansas • Kentucky • South Carolina • California • Maryland

ICT Accessibility • Our world is changing, and to assure that everyone can participate, technology

must be accessible to everyone.

• Touch Points – where do your employees, students, facility and other stakeholders interact with ICT?

HR, Learning Management Systems, Benefit Systems, Application for Resident Halls, Meal tickets, Website, Career Centers, Intranet, Service Centers, Help Desks, IT Support, HR, Documents, and Marketing

• Have a plan of attack –

• create a plan, dashboard and manage the plan.

• Build accessibility into the process level.

• Make it part of the Life Cycle.

• Quality assurance - tools versus manual testing using PwD. Sara Ruh using iPad

Best Practices & Quick Tests • Best Practices

• Be sure everyone can access your online HR systems including people that are blind, vision impaired, deaf, hard of hearing, have mobility issues and/or an intellectual impairment.

• Test using people with disabilities that use assistive technology. • Remember to test for multiple disabilities and test every aspect of the

process. • Train recruiters, managers and team members.

• Quick Tests • Unplug your mouse and try to use only your keyboard to access your

online HR systems. • Do all graphics, pictures and logo’s have a text alternative? • Use the accessibility features in your operating systems

What’s Around the Corner? • People with disabilities are gaining recognition as a significant and

growing market for products and services. This will only strengthen as we turn the corner.

• By using accessible technology, people with disabilities can make their needs and expectations known.

• Now that people with disabilities have emerged as an untapped force, we are directly positioned to lead the future development of accessible technology.

Mitch St. Pierre in Africa

Resources

• www.amacusg.org • www.passitoncenter.org • www.gatfl.org • www.Access-Board.gov • www.ASKJAN.org • www.EEOC.gov • www.G3ict.org • www.Section508.gov • www.USBLN.org • www.W3C.org • www.Webaim.org • www.RuhGlobal.com

Resources

Questions

Debra Ruh Ruh Global LLC Disability Inclusion Strategist G3ict Employ-Ability & Technology (804) 749-3565 (804) 986-4500 Debra@RuhGlobal.com www.RuhGlobal.com

Contact Information

Debra and Sara Ruh

Debra Ruh

• Joy Kniskern, Project Manager, Strategic Technology Initiatives, AMAC, Georgia Tech

• (404) 894-7669 • joy.kniskern@amac.gatech.edu • www.amacusg.edu • www.accessit.gatech.edu

Contact Information for AccessIT