Download the document Mandatory Contract Language for Executive Department Solicitations related to the Acquisition of Information Technology Systems doc format of    contract_language_021009_final.doc

February 17, 2009

Mandatory Contract Language for Executive Department Solicitations related to the Acquisition of Information Technology Systems [1].

I Compliance with Standards.

[Vendor] shall ensure that all deliverables that shall be used by end users delivered under this agreement adhere to the ITD Enterprise Information Technology Accessibility Standards (the "ITD Standards") issued by the Commonwealth of Massachusetts' Information Technology Division ("ITD"). For purposes of this Agreement, [Vendor] must test against the ITD Standards and the Supplemental Web Accessibility Testing Criteria Version 1.0, both of which are posted by ITD at www.mass.gov/itd. The ITD Standards and the Supplemental Web Accessibility Testing Criteria may be modified from time to time, and Vendor is responsible for compliance with the most current version in effect on the date that [Vendor] executes this Agreement.

II Training

[Vendor] shall coordinate with [Agency] in the identification of all prospective attendees at [Vendor] training who require accommodation, and shall cooperate with [Agency] in its provision of such accommodation.

All technical and user documentation and any additional training material delivered by [Vendor] under this Agreement that specify mouse commands shall also include alternative keyboard commands wherever a mouse command is specified. Any documentation delivered under this Agreement and wholly owned by the [Agency] shall be in an agreed-upon editable format.

III AT/IT Environment List

Attachment __ hereto sets forth a list of the specific assistive technology (AT) (including class, brand, and version) and specific desktop configuration against which [Vendor's] deliverables will be tested under this Agreement (the "AT/IT Environment List").

IV Software Developed under the Agreement.

Prior to commencing any design work under this Agreement, [Vendor's] Project Manager and design professionals shall meet with [Agency]'s project manager to review the ITD Standards, and the AT/IT Environment List, and to discuss their impact on the design process.

[Vendor] shall test every software deliverable under this Agreement, including the custom code created to customize commercial off the shelf software (COTS) (collectively, "Deliverables"), and any updates, new releases, versions, upgrades, improvements, bug fixes, patches or other modifications to the software ("Enhancements") developed under this agreement, against the ITD Standards, and for interoperability with the AT and IT environment listed in the AT/IT Environment list. At the time each such Deliverable or Enhancement is delivered to [Agency], [Vendor] shall deliver to [Agency] and the ITD Accessibility Laboratory (the "ITD ATL") the results of such testing.

In addition, Vendor shall cooperate with the ITD ATL, and any Accessibility Testing Vendor engaged by the ITD ATL, or by [Agency] under the supervision of the ITD ATL, in the performance of testing. The ITD ATL, any Accessibility Testing Vendor engaged by the ITD ATL, or by [Agency] under the supervision of the ITD ATL, shall test each Deliverable or Enhancement against the ITD Standards, and for interoperability with the AT and the IT environment described in the AT/IT Environment List. The ITD ATL shall certify such Deliverables or Enhancements as compliant with the ITD Standards, and interoperable with the AT and environment described in the AT/IT Environment List.

[Vendor] shall be responsible for curing each instance in which its Deliverables fail to comply with the ITD Standards. Vendor shall use best efforts to cooperate with [Agency], the ITD ATL, and any pertinent AT vendor to correct any problems identified during such testing with the interoperability of the Deliverables or Enhancements with the AT and the IT environment specified in the AT/IT Environment List.

[Vendor] shall provide a credit against amounts due by [Agency] under this agreement for all testing, including repeat accessibility testing required with respect to Deliverables or Enhancements that fail initial testing with respect to the ITD Standards and are required by the ITD ATL to be retested in that regard. Such credits shall not exceed 5% of either (1) the total fixed price due [Vendor] under this Agreement, or (2) the total not-to-exceed amount of this Agreement if entered under a time and materials basis.

V COTS and ASP Software

[Vendor] shall conduct testing against the ITD Standards, and for interoperability with the AT and IT environment listed in the AT/IT Environment List, on all COTS referenced in [Vendor's] bid that must be acquired by [Agency] through another agreement (such as the Commonwealth's statewide software reseller agreement) in order to implement the system to be delivered by [Vendor] under this Agreement, and all COTS (including for purposes of this section COTS configured by [Vendor]), or software to be provided by [Vendor] or its subcontractors in their capacity as application service providers (ASP), delivered under this agreement, and any Enhancements thereto or new versions thereof, prior to its delivery to [Agency] (collectively, COTS and ASP Software).Vendor shall deliver to both [Agency] and the ITD ATL the results of such testing with each delivery of COTS or ASP Software.

[Vendor] need not conduct such tests for COTS and ASP Software for which accessibility testing has already been conducted and test results have already been provided to the ITD ATL. Instead, [Vendor] shall provide notice to [Agency] that such software has already been certified by the ITD ATL. The notice shall include the name of the software or Enhancement, and the date the software was so certified.

The ITD ATL, or any Accessibility Testing Vendor engaged by the ITD ATL, or by [Agency] under the supervision of the ITD ATL, shall test such software for accessibility against the ITD Standards, and for interoperability with the specific AT and the IT environment set forth in the AT/IT Environment List. The ITD ATL shall certify as accessible all software so tested that complies with the ITD Standards, and is interoperable with the AT and the environment specified in the AT/IT Environment List, and shall maintain a central web-based list of certified software for use by the Executive Department.

[Vendor] shall be responsible for curing each instance in which its Deliverables or Enhancements fail to comply with the ITD Standards. Vendor shall use best efforts to cooperate with [Agency], the ITD ATL, and any pertinent AT vendor to correct any problems identified during such testing with the interoperability of the Deliverables or Enhancements with the AT and the IT environment specified in the AT/IT Environment List.

[Vendor] shall provide a credit against amounts due by [Agency] under this agreement for all testing, including repeat accessibility testing required with respect to Deliverables or Enhancements that fail initial testing with respect to the ITD Standards and are required by the ITD ATL to be retested in that regard. Such credits shall not exceed 5% of either the total fixed price due [Vendor] under this Agreement, or the total not-to-exceed amount of this Agreement if entered under a time and materials basis.

[Vendor] shall not deliver COTS or ASP Software under this Agreement that fails to meet the ITD Standards unless it has documented (1) that it has performed due diligence in seeking accessible alternative COTS or ASP Software, offering equivalent features and functionality to the inaccessible COTS or ASP Software, for which [Vendor] is or can readily become a licensed distributor; and (2) the cost of developing substitute accessible software under this Agreement. (Such documentation need not include reference to any specific competing COTS or ASP Software and its level of accessibility). COTS or ASP Software delivered under this Agreement or under another contract with a state agency in connection with a system delivered under this Agreement that does not meet the ITD Standards shall be acceptable if either (1) the software vendor provides a roadmap for meeting such standards and interoperating with such AT or (2) the agency seeks and obtains a waiver from ITD that it would be an undue hardship on the agency to eschew use of such COTS or ASP Software.

VI Maintenance Agreements

Any maintenance agreement entered into by [Vendor] and [Agency] in connection with the system delivered under this Agreement shall require [Vendor] to cooperate with [Agency] in its efforts to resolve interoperability problems that arise during the term of the maintenance agreement related to the use of such system with specific AT in a specific IT environment.

VII VPATs

Bidders shall submit the Voluntary Product Accessibility Template ("VPAT") for each piece of COTS that the Bidder proposes that will be used by end users.






[1]The language set forth in this document is mandatory for all information technology solutions for new systems or major upgrades to systems that are procured by Executive Departments on or after February 17, 2009 under (1) Requests for Quotes issued by Executive Department agencies under statewide contract IT33 for the services of Technical Specialists, Solutions Providers, or Business Process Reengineering Vendors and (2) Requests for Responses issued by Executive Department agencies that have received permission from the Operational Services Division to do so.