TABLE OF CONTENTS
Topics | Sections |
4.1 What is the purpose of this chapter? 4.2 What are the goals for accessibility? 4.3 What is Section 508? 4.4 What are the authorities for this chapter? 4.5 What terms do you need to know to understand this chapter? | |
4.6 Who is responsible for implementing Section 508? | |
4.7 What are the requirements for providing employees with assistive technology? 4.8 May a Region or a program get an exception to the Section 508 accessibility standards? 4.9 Can the Service use equivalent facilitation measures to meet the requirements? 4.10 What are the complaint procedures for employees or members of the public who identify a noncompliant Information and Communication Technology (ICT)? |
OVERVIEW
4.1 What is the purpose of this chapter? This chapter:
A. Establishes U.S. Fish and Wildlife Service (Service) policy and defines roles and responsibilities for implementing Section 508 of the Rehabilitation Act of 1973, as amended (Section 508); and
B. Ensures that Service employees and members of the public with disabilities have access to Information and Communication Technology (ICT) comparable to what we provide to individuals without disabilities.
4.2 What are the goals for accessibility? Our goals are to:
A. Employ industry best practices in the use of technology to provide shared content in accessible formats;
B. Comply with applicable Federal, Department of the Interior (Department), and Service standards, policies, and regulations for ensuring accessibility;
C. Improve the productivity, efficiency, and effectiveness of our employees by eliminating barriers to information and communication technology; and
D. Define roles and responsibilities for ensuring Section 508 is implemented throughout the Service.
4.3 What is Section 508?
A. In 1998, Congress amended the Rehabilitation Act of 1973 with Section 508 to require Federal agencies to make their ICT accessible to people with disabilities. The goal was to eliminate barriers to ICT, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals.
B. When we develop, procure, maintain, or use ICT, employees with disabilities must have access to and use of information and data that is comparable to that of employees without disabilities, unless an undue burden would be imposed on the agency (see section 4.8).
C. Section 508 also requires that members of the public with disabilities who are seeking information or services from us have access to and use of information and data that is comparable to that provided to a person without disabilities, unless an undue burden would be imposed on the Service.
4.4 What are the authorities for this chapter?
A. Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008 (Public Law 110-325).
B. Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
C. E-Government Act of 2002 (Public Law 107-347).
D. Electronic and Information Technology (Federal Acquisition Regulation) (48 CFR Part 39, Subpart 39.2).
E. Information and Communication Technology Standards and Guidelines (36 CFR Part 1194).
F. Office of Management and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource.
G. OMB’s Strategic Plan for Improving Management of Section 508 of the Rehabilitation Act; January 24, 2013.
H. The Rehabilitation Act of 1973 (Sections 501, 504, and 508), as amended (29 U.S.C. 791, 794, and 794d).
I. Twenty-first Century Communications and Video Accessibility Act of 2010 (Public Law 111-260).
J. 375 Departmental Manual (DM) 8, Section 508 Program and Responsibilities.
4.5 What terms do you need to know to understand this chapter?
A. Alternative accessibility. A method of providing or accessing data and information that is different from what is commonly used. Examples include closed captioning, text-to-speech synthesis, braille, large print, and audio description.
B. Assistive technology. Any device, software, or system that is commonly used to maintain, increase, or improve functional capabilities of individuals with disabilities.
C. Commercial non-availability. When a commercial item is not available that meets applicable Section 508 requirements in time to satisfy the delivery requirements.
D. Equivalent facilitation. The use of web designs or ICT as alternatives to those prescribed in the Section 508 accessibility standards as long as they result in substantially equivalent or greater access to and use of a product for people with disabilities.
E. Fundamental alteration. A change in the basic characteristic or purpose of a product or service that is made to facilitate accessibility needs.
F. Government Product/Service Accessibility Template (GPAT). A solicitation documentation tool to assist the Requiring Officials, Chief Technology Officers (CTO), and contracting and procurement officials to fulfill the market research requirements associated with Section 508 accessibility standards. A GPAT must be included with all Government Information Technology (IT) solicitations, and the respondents should complete it to describe how their products or services address the applicable Section 508 accessibility standards.
G. Information and Communication Technology (ICT). IT and other equipment, systems, or processes whose principal functions are to create, manipulate, store, display, receive, or transmit electronic data and information as well as any associated content. Some examples of ICT are computers and peripheral equipment, software, telephones/systems, kiosks, websites, mobile devices, and electronic documents.
H. Requiring Official. The actual customer or person who has the need that a contract or product procurement will meet. The General Services Administration’s (GSA) Section 508 content (i.e., websites, guidance, etc.) uses the term “Government Buyer” or “Buyer” interchangeably with “Requiring Official.” In the Service, “Buyer” is a job title within the Contracting office, so to prevent confusion, we use the term “Requiring Official” throughout this chapter and 270 FW 5 on procuring ICT.
(1) As soon as you decide you want to procure something, regardless of your grade level or position description, you become the Requiring Official.
(2) For example, an administrative assistant ordering a fax machine, a statistician ordering software, or a project manager writing a new contract requirement are all Requiring Officials. As long as you are in the process of buying something or considering a purchase, you are a Requiring Official.
I. Section 508 Accessibility Standards. Required by Section 508 of the Rehabilitation Act and codified at 36 CFR Part 1194, these standards help minimize accessibility barriers inherent in ICT products, devices, and services. For more information on these standards, visit the U.S. Access Board website or the GSA Section 508 website.
ROLES AND RESPONSIBILITIES
4.6 Who is responsible for implementing Section 508? It is every Federal employee’s responsibility to implement and ensure Section 508 standards are met. From an administrative assistant ordering a printer, a credit card holder ordering a cell phone, a web developer creating a new site, or a project manager overseeing one of the Service’s IT investments—all are responsible for implementing Section 508 standards in their procurement or project. See Table 4-1 for specific responsibilities.
Table 4-1: Responsibilities for implementing the Section 508 program
These employees… | Are responsible for… |
A. Director | (1) Approving or declining to approve Servicewide policy, and (2) Ensuring there is an adequate program in place to meet Servicewide Section 508 requirements. |
B. Regional Directors | (1) Designating a Section 508 Coordinator for their Regions; (2) Maintaining an active and continuing Section 508 program for their Regions; (3) Ensuring the employees in their Regions follow the requirements in 375 DM 8 and the Service’s Section 508 policies; and (4) Establishing, providing for, and reviewing their Regions’ Section 508 budgets. |
C. Directorate members at Headquarters | (1) Designating Section 508 Coordinators for their programs; (2) Working with their Program Section 508 Coordinators to ensure that employees in their areas of responsibility comply with the Departmental and Service policies on Section 508; and (3) Establishing, providing for, and reviewing any budget dedicated to Section 508 compliance. |
D. Associate Chief Information Officer (ACIO) for the Service, i.e., the Assistant Director – Information Resources and Technology Management | (1) Designating a Service Section 508 Coordinator to develop and support the Department’s and our Section 508 program; (2) Developing, updating, and ensuring Section 508 policies and procedures are established in accordance with Federal regulations and Departmental policy; (3) Working with program offices and Regions to ensure their compliance with Departmental and Service Section 508 policies; (4) Assisting with research as it relates to new ICT and solutions; and (5) Ensuring the full support and cooperation of CTOs in implementing Section 508 requirements for ICT procurements (including, but not limited to, testing and evaluation) at the Regional and program levels. |
E. Chief, Office of Diversity and Inclusive Workforce Management (ODIWM) | Working with IRTM and the Service Section 508 Coordinator to promote Section 508 programs and ensure the Regions and programs comply with 375 DM 8 and the Service’s Section 508 policies. |
F. Chief, Division of Contracting and General Services (i.e., Bureau Procurement Chief) | (1) Ensuring Contracting Officers (CO) and staff comply with Service Section 508 policies, (2) Ensuring COs comply with the FAR 11.002(f) and 39.2, and (3) Advising the Service Section 508 community of FAR changes that relate to or impact Section 508 ICT procurements. |
G. Service Section 508 Coordinator | (1) Ensuring policy and procedures are in place in accordance with the applicable Section 508 laws, regulations, accessibility design standards, and Departmental policy; (2) Assembling a Section 508 IT Accessibility Team within the Service to assist in the implementation of Section 508 policy, procedures, and accessibility design standards; (3) Coordinating the integration of Section 508 accessibility needs into Regional and program office budgets and strategic and IT capital plans; (4) Implementing standardized processes for testing and evaluating ICT products, services, and websites to ensure they (as well as any updates or upgrades) meet the Section 508 accessibility standards; (5) Establishing, prior to deployment, that project managers have incorporated 508 requirements into their IT systems, and that those systems are accessible and perform as intended; (6) Coordinating and providing training to key personnel within the Service, identifying available resources, and staying abreast of procurement changes to the FAR that will affect the purchase of any new ICT; (7) Ensuring Section 508 compliance is incorporated into Service procurement processes, including solicitation requirements, contract language, remediation, testing, acceptance, and remedies for noncompliance, and in ICT development and maintenance processes; (8) Reviewing GPATs and new purchase requests for unique or complex ICT to determine compliance of the associated ICT with applicable Section 508 standards; (9) Responding to Section 508 reporting requirements from the Department and the Department of Justice (DOJ); (10) Assisting Regional and program Section 508 Coordinators and Requiring Officials with reviewing and evaluating ICT requests to: (a) Ensure compliance with Section 508 requirements, (b) Ensure a remediation or alternative accessibility plan is developed and implemented for any noncompliant technology, and (c) Monitor remediation or alternative accessibility; (11) Maintaining Service records of: (a) Section 508 exceptions submitted to the Department for approval of ICT products and services, remediation, or alternative accessibility plans for any noncompliant products; and (b) Section 508 complaints filed by individuals with disabilities and remedial actions to resolve those complaints (in coordination with the Chief, ODIWM); (12) Ensuring electronic documents, multimedia, databases, software, applications, forms, and other ICT that are made available to employees or members of the public comply with the Section 508 accessibility standards; (13) Ensuring that ICT product support documentation and support services provided to end users comply with the Section 508 accessibility standards; (14) Consulting with Service web managers, procurement officials, and IT managers on implementation requirements, tools, and resources available for testing and validating compliance, and reviewing ICT procurement solicitations to ensure standards are incorporated; and (15) Providing assistance to Regional/Program Section 508 Coordinators and Service staff to resolve any Section 508-related questions or issues and elevating appropriate questions to the Department Section 508 Coordinator. |
H. Regional and Program Section 508 Coordinators | (1) Implementing policy, procedures, and accessibility design standards in accordance with the applicable Section 508 laws, regulations, accessibility design standards, and Departmental and Service policies within their Regions/programs; (2) Coordinating the integration of Section 508 accessibility needs into their Regional or program office budgets; (3) Implementing standardized processes for testing and evaluating ICT products, services, and websites to ensure they (as well as any updates or upgrades) meet the Section 508 accessibility standards; (4) Coordinating and providing education and training to key personnel within their Regions/programs, identifying available resources, and staying abreast of procurement changes to the FAR that will affect the purchase of any new ICT; (5) Ensuring Section 508 compliance is effectively incorporated within their Regions’/programs’ procurement, development, and maintenance processes, including solicitation requirements, contract language, remediation, testing, acceptance, and remedies for noncompliance; (6) Reviewing GPATs and new purchase requests to determine compliance of the associated ICT with applicable Section 508 standards; (7) Responding to Section 508 reporting requirements from the Department and DOJ by working with the Service Section 508 Coordinator; (8) Reviewing and evaluating ICT requests to: (a) Ensure compliance with Section 508 requirements, (b) Ensure a remediation or alternative accessibility plan is developed and implemented for any noncompliant technology, and (c) Monitor remediation or alternative accessibility; (9) Coordinating submission and maintaining custody of Regional/program office records of Section 508 exceptions that the Department has approved or disapproved, and remediation or alternative accessibility plans for any noncompliant products (see section 4.8); (10) Ensuring that electronic documents, multimedia, databases, software, applications, forms, and other ICT that originate in their Region/program office and are made available to employees or members of the public comply with the Section 508 accessibility standards; (11) Ensuring that ICT product support documentation and support services provided to end users comply with the Section 508 accessibility standards; (12) Consulting with their web managers, procurement and requiring officials, and IT managers on implementation requirements, tools, and resources available for testing and validating compliance, and reviewing ICT procurement solicitations to ensure standards are incorporated; and (13) Advising staff in their Regions/programs on Section 508 requirements and responsibilities and elevating appropriate questions to the Service Section 508 Coordinator. |
I. Requiring Officials (also see 270 FW 5 for more information on procuring ICT) | (1) Identifying which Section 508 technical and performance requirements apply to the product or service they plan to procure; (2) Determining Section 508 relevance and exceptions for products or services they plan to procure; (3) Conducting market research on accessibility of available ICT; (4) Initiating requests for exceptions to policy, retaining custody of original documentation, and submitting requests to Regional or Program Section 508 Coordinators for further processing; (5) Including appropriate Section 508 accessibility standards in acquisition planning and other documents for all ICT purchases, regardless of price and purchase vehicle; (6) Helping to choose the best proposal during source selection; and (7) Conducting and documenting inspection and acceptance tests during ICT delivery. |
J. Regional Chief Technology Officers (CTOs) (an IRTM staff member in the Branch of Enterprise Services and Operations serves as the CTO for Headquarters) | (1) Working with their Requiring Officials to identify Section 508 applicability and accessibility requirements, (2) Helping in the development of inspection and acceptance criteria for deliverables, (3) Ensuring that Requiring Officials have attached appropriate Section 508 documents (i.e., GPAT, any 508 solicitation language, and acceptance criteria) to procurement requests, and (4) Ensuring deliverables meet accessibility standards. |
K. Contracting Officers (COs) (also see 270 FW 5 for more information on procuring ICT) | (1) Assisting Requiring Officials and acquisition teams in planning acquisitions; (2) Assisting Requiring Officials to: (a) Perform market research for accessible ICT, and (b) Draft specifications and minimum requirements/agency needs; (3) Ensuring Section 508 standards are considered in acquisition planning documents and procurement requirements for ICT; (4) Working with the Contracting Officers’ Representatives to ensure deliverables meet accessibility standards; (5) Ensuring there is competition and contracting files include records of actions and decisions (as the FAR directs); and (6) Awarding contracts or orders after complying with procurement statutes and regulations (per the FAR) and any additional Departmental/Service contracting regulations. |
L. Contracting Officers’ Representatives (CORs) (also see 270 FW 5 for more information on procuring ICT) | (1) Helping to develop the statements of work (SOW) for services we are planning to contract, (2) Ensuring appropriate Section 508 accessibility standards are included in acquisition planning and requirement documents, (3) Verifying that products or services delivered under an agreement meet the accessibility terms and conditions included in a contract prior to accepting deliverables, and (4) Managing the contract once it is awarded. |
M. IT System Developers and Project Managers | (1) Identifying applicable Section 508 requirements for their systems or investments, (2) Ensuring relevant policies and procedures are followed and implemented in the procurement and development of their systems, and (3) Ensuring applicable Section 508 requirements are included throughout the acquisition and IT life cycles (i.e., planning, development, testing, and deployment). |
N. Web Developers, Designers, and Content Managers | (1) Ensuring that intranet and internet content, including web applications and non-HTML files, fully conform to the Section 508 accessibility standards, which includes content conforming to Web Content Accessibility Guidelines (WCAG) 2.0 AA; and (2) Ensuring websites can be accessed by automated Section 508 compliance evaluation tools such as Compliance Sheriff (which the Service uses) and GSA’s “Pulse” website accessibility tool. |
O. Document Originators, Editors, or Disseminators | Ensuring official communications using electronic documents comply with the Section 508 accessibility standards (i.e., documents are accessible when using assistive technology). (Assistance on creating accessible files is available on the Service Section 508 intranet site and in GSA’s Best Practice Library. |
P. Purchase Card Holders | (1) Confirming the accessibility of products or services for their intended users prior to purchase, and (2) Maintaining relevant documents that demonstrate applicable Section 508 requirements were included in the procurement. |
Q. Purchase Card Approving Officials | Reviewing proposed purchases to ensure the purchase cardholders for whom they are responsible are complying with and incorporating Section 508 requirements in procurements. |
R. Offices or programs that develop or create multimedia products | Ensuring video or multimedia products comply with the Section 508 accessibility standards (i.e., include closed captioning and audio descriptions). |
PROVISIONS, EXCEPTIONS, and FACILITATION
4.7 What are the requirements for providing employees with assistive technology?
A. We must provide assistive technology to employees with disabilities as an accommodation for them to be able to use required ICT. Examples of assistive technology include screen readers, magnifying software, speech recognition software, and video relay services.
B. Regions and programs can find help with identifying and acquiring assistive technology at no cost for employees with disabilities through the Computer/Electronic Accommodation Program (CAP) at the Department of Defense. The Department of the Interior is a CAP partner, enabling employees with disabilities to benefit from the full range of CAP services.
4.8 May a Region or a program get an exception to the 508 accessibility standards? Yes, the Section 508 accessibility standards allow for exceptions to compliance in specific situations. If a Region/program wants to request an exception, they must document it and send it to the Service Section 508 Coordinator (through the appropriate chain of command) for consideration and review. The Service Section 508 Coordinator sends the request to the Department’s Section 508 Coordinator for a final determination. The common exceptions are undue burden, fundamental alteration, and commercial non-availability, each of which we discuss in the subsections below.
A. Undue Burden. An undue burden is a significant difficulty or expense. There is a high threshold for meeting the undue burden exception to avoid compliance, and it requires something more substantive than inconvenience or increased expense.
(1) The Requiring Official must document the basis for the undue burden exception and send the documentation to the Service Section 508 Coordinator through the Region/Program Section 508 Coordinator and any other appropriate official in the chain of command. The Requiring Official must substantiate significant difficulty or expense by documenting the following:
(a) Products or services required to meet the Region’s/program’s needs and the estimated cost of acquiring the products or services, including all options;
(b) A description of the significant difficulty or expense the Region/program would incur to comply with a particular standard(s), and, if the expense is deemed prohibitive, an explanation of the costs and how they were estimated;
(c) Market research conducted and subsequent findings to locate the product or service that meets the applicable provisions of the Section 508 accessibility standards; and
(d) The plan for providing information to people with disabilities regardless of current noncompliant products or services.
(2) The Service Section 508 Coordinator sends the request to the Department’s Section 508 Coordinator for approval. Should the Department’s Section 508 Coordinator determine an undue burden exception is warranted, the Region/program must provide individuals with disabilities access to and use of information and data by an alternative means that still meets their needs. Alternative means of access focus on providing the information and data in an accessible manner, as opposed to the accessibility of the product itself.
B. Fundamental Alteration. Fundamental alteration means a change in the basic characteristic or purpose of the product or service, not merely a cosmetic or aesthetic change. For example, requiring large-screen displays for pocket-sized devices (such as smartphones) fundamentally alters the product. If portability is the main reason for a smartphone, then such an alteration is not required. Adding access should not change the basic purpose or characteristics of a product in a fundamental way.
(1) If a Requiring Official plans to use the fundamental alteration exception, they must document the request (under 36 CFR 1194.3(e)) and send the documentation to the Service Section 508 Coordinator (through the Region/Program Section 508 Coordinator and any other appropriate official).
(2) The Service Section 508 Coordinator sends requests to the Department’s Section 508 Coordinator for review and approval/disapproval.
(3) If the request is granted, Regions/programs must provide individuals with disabilities access to and use of the information and data by an alternative means that still meets their needs.
C. Commercial Non-Availability. As is described in regulations at 36 CFR 1194.2, we must procure products that comply with the 508 accessibility standards when those products are available in the commercial marketplace or when they are developed in response to a Government solicitation.
(1) If a product is not available commercially, the Requiring Official must document the following in the request for an exception:
(a) A description of market research performed and which provisions of the Section 508 accessibility standards cannot be met;
(b) The basis for determining that the ICT they are attempting to procure best meets their requirements, but not the Section 508 accessibility standards. The FAR establishes the documentation requirements for a determination of commercial non-availability by Federal agencies subject to Section 508 requirements (see 66 FR 20894 (April 25, 2001)); and
(c) If there are products commercially available that satisfy some, but not all, of the Section 508 accessibility standards, a description of how the product best meets the Section 508 accessibility standards and the specified business needs, and which standards are not being met. In this situation, the Requiring Official must not claim a product as a whole is not commercially available.
(2) The Requiring Official must submit this documentation to the Service Section 508 Coordinator (through their Region/Program Section 508 Coordinator and other appropriate officials in the chain of command) for consideration and review.
(3) The Service Section 508 Coordinator sends the request to the Department’s Section 508 Coordinator for review and approval/disapproval.
(4) If the request is approved (in whole or in part), the Region/program must provide individuals with disabilities access to and use of the information and data by an alternative means that still meets their needs.
D. General Exceptions. In addition to the exceptions above, there are other general exceptions listed in 36 CFR 1194.3(a) - (d) and (f), which do not require approval by the Department’s Section 508 Coordinator. Of particular interest to Regions/programs are:
(1) ICT that a contractor acquires incidental to a contract but not as the reason for the contract (36 CFR 1194.3(b)), and
(2) Products located in spaces frequented only by Service personnel for maintenance, repair, or occasional monitoring of equipment (36 CFR 1194.3(f)).
4.9 Can the Service use equivalent facilitation measures to meet the requirements? Service Regions and programs may use designs or technologies as alternatives to those prescribed in the Section 508 accessibility standards without requesting an exception if they result in substantially equivalent or greater access to and use of a product for people with disabilities. Equivalent facilitation is not a variance from the requirement to provide comparable access. Instead, it recognizes that technologies may be developed or used in ways that those who wrote the 508 accessibility standards did not envision.
4.10 What are the complaint procedures for employees or members of the public who identify a noncompliant ICT? See 375 DM 8, section 8.10, Complaint Procedures, for more information.