HHS Digital Accessibility Acquisition Requirements

Use the following instructions if the acquisition deliverables contain ICT supplies, licenses, products, platforms, information, documentation, training and/or services.  Applicable deliverable examples include but are not limited to:

  • Audio and/or video, webinars, recorded meetings
  • Editable documents, presentations, and spreadsheets
  • Read-only/print-ready documents (e.g., PDFs, publications)
  • Emails
  • COTS and GOTS licenses
  • Web, desktop, and mobile technologies
    • Intranet content designed as a webpage
    • External webpages and web applications
  • Printers, scanners, phones, kiosks, and other hardware with a user interface
  • Software used but not purchased by the federal government
  • Support documentation and training material
  • Posting to and the use of social media sites
  • A survey questionnaire; a template or form
  • Educational or training materials
  • An emergency notification
  • An initial or final decision adjudicating an administrative claim or proceeding; a formal acknowledgement of receipt
  • An internal or external program or policy announcement
  • A notice of benefits, program eligibility, employment; and, opportunity, or personnel action.

Instructions

  1. Inform the Contracting Specialist that HHSAR clauses 352.239-78 Information and Communication Technology Accessibility Notice and 352.239-79 Information and Communication Technology Accessibility are applicable to and must be inserted in the solicitation and contract documentation.
  2. Solicitations that include licenses, supplies, products, and platforms require the vendor to submit an Accessibility Conformance Report (ACR).  ACRs are represented by multiple template designs.  The HHS Digital Accessibility Conformance Checklists and the Voluntary Product Accessibility Template (VPAT) are two valid formats.  Other HHS OpDiv or agency templates may be considered.  NOTE: Inform the COR that a copy of an ACR for each applicable supply, product, or platform must be received with the proposal.
  3. Copy and paste the following text as a standalone section into the solicitation and contract documentation (e.g., Statement of Work (SOW), Performance Work Statement (PWS), Statement of Objectives (SOO)).  NOTE: The following is minimum required language.  OpDiv-specific language may be applicable.

Solicitation and Contract Documentation Text to Copy & Paste

HHS Digital Accessibility Conformance Standards

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

All products, platforms and services delivered as part of this solicitation that are ICT, or contain ICT, must conform to all HHS digital accessibility conformance standards identified in the HHS Digital Accessibility Conformance Checklists.  The standards include the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, B, & C, and available at https://www.access-board.gov/ict/. 

All requirements are applicable to support services and documentation deliverables. All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities, than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT.

The standards listed below apply to all functionality of the supplies, products, platforms, information, documentation, training, and services that are part of this contract. [Customize the bullets below based on what is applicable to the solicitation and remove this instruction.]

  • 508 Chapter 2:
    • E205 Electronic Content
    • E206 Hardware
    • E207 Software
    • E208 Support Documentation and Services
  • 255 Chapter 2:
    • C203 Electronic Content
    • C204 Hardware
    • C205 Software
    • C206 Support Documentation and Services
  • Chapter 3: Functional Performance Criteria
  • Chapter 4: Hardware
  • Chapter 5: Software
  • Chapter 6: Support Services and Documentation Requirements

Offerors must explain how the development/creation efforts associated with the objectives will be measured to achieve HHS digital accessibility conformance standards and meet the legal framework of Section 508 standards.  For each proposed supply, license, product, or platform, a fully completed Accessibility Conformance Report (ACR) must be submitted.  An ACR can be built from the Voluntary Product Accessibility Template (VPAT), applicable HHS conformance checklist(s), or other agency conformance assessment template.

Prior to acceptance of deliverables, the offeror must demonstrate conformance to the HHS digital accessibility conformance standards.  The government reserves the right to perform testing on required ICT items to validate the offeror’s digital accessibility and Section 508 conformance claims. If the government determines that conformance does not meet the HHS digital accessibility conformance standards, the government shall, at its option, require the offeror to remediate the item, at no additional cost to the government, to align with the HHS digital accessibility conformance standards prior to acceptance.

References:

Contact the HHS Digital Accessibility Program 

Direct feedback to the HHS Digital Accessibility Program.

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