B.2.ii. - How should an agency proceed in identifying "applicable" technical provisions in Subparts B, C, and D of the Access Board’s standards to ensure acquired products provide comparable access?
Agencies should first look to the provisions in Subpart B to determine if there are specific technical provisions that apply to the EIT need they are seeking to satisfy.
If there are applicable provisions in Subpart B that fully address the product or service being procured, then the agency need not look to Subpart C. Acquired products that meet the specific technical provisions set forth in Subpart B will also meet the broader functional performance criteria in Subpart C.
If an agency’s procurement needs are not fully addressed by Subpart B, then the agency must look to Subpart C for applicable functional performance requirements.
Agencies must also remember the additional considerations of Subpart D. Subpart D requires that: (a) product support documentation provided to end users shall be made available in alternate formats upon request at no additional charge; (b) end users shall have access to a description of the accessibility and compatibility features of products in alternate formats or methods upon request, also at no additional charge; and (c) support services (e.g., help desk) for products shall accommodate the communication needs of end users with disabilities.
For example, if an agency were to enter into a seat management contract for desktop computing resources, the hardware and software to be provided by the contractor would be required to meet the provisions in Section 1194.26 (Desktop and Portable Computers), and 1194.21 (Software Applications and Operating Systems) of Subpart B of the Access Board’s standards. If these provisions fully addressed the agency’s procurement software and hardware needs, the agency would also be in compliance with Subpart C. If some or all of the features were not covered by Subpart B, the agency would also have to look to Subpart C. With respect to the support services provided under the seat management contract, the agency would also need to take into account any appropriate information, documentation, or support requirements in Subpart D.
In all cases, agencies, when evaluating offers, must consider products that provide equivalent facilitation (see section B.3 below).
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