E.4. - What are examples of issues an agency may wish to consider when drafting a solicitation to acquire EIT?
Among other things, agencies should consider drafting solicitations in a way that they may accept a product or service that partially meets the applicable technical provisions if no product is available that meets all applicable technical provisions. Solicitations should also indicate that products that provide equivalent facilitation will be considered along with those that meet the applicable specific technical provisions (in Subpart B) of the Access Board’s standards.
Sample language addressing the evaluation of offers for EIT (that could appear in section "M" of a solicitation) might include the following. (NOTE: This is illustrative straw man language that must be tailored to the specific requirements of an individual procurement. Like all information in this document, agency personnel must consult appropriate officials within their agencies for formal advice).
To be considered eligible for award, offerors must propose goods and/or services that meet the applicable provisions of the Access Board’s standards as identified by the agency. Alternatively, offerors may propose goods or services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board’s standards for the feature or component providing equivalent facilitation. If none of the offers that meet all applicable provisions of the Access Board’s standards could be accepted without imposing an undue burden upon the agency or component, or if none of the offerors propose goods or services that fully meet all of the applicable Access Board’s provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Award will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.
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