Download the document Mandatory Contract Language for Executive Department Solicitations related to the Acquisition of Information Technology Systems [RTF file]

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 delivered under this agreement adhere to (1) the Section 508 Standards for Electronic and Information Technology Accessibility, 36 C.F.R. §1194, issued under Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794(d)) (the "Section 508 Standards"), and (2) the Web Accessibility Standards, (the "ITD Standards") issued by the Commonwealth of Massachusetts' Information Technology Division ("ITD"), available online at www.mass.gov/itd. For purposes of this Agreement, [Vendor's] obligations pertaining to these standards shall be limited to those subsections thereof that have been certified by ITD and the Massachusetts Office on Disability as objective and measurable. Such subsections shall be posted by ITD at www.mass.gov/itd. The Section 508 and ITD Standards 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 shall include alternative keyboard commands that may be substituted for mouse commands. 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 Section 508 and ITD Standards, and the AT/IT Environment List, and to discuss their impact on the design process.

[Vendor] shall test every software deliverable delivered 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 Section 508 and 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 Section 508 and 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 Section 508 and 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 Section 508 or 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 Section 508 or 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 Section 508 and 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 Section 508 Standards and 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 Section 508 Standards and 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 fail to comply with the Section 508 and 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 Section 508, ITD Standards and are required by the ITD ATL to be retested in that regard. Such credits shall not exceed 5% of the 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 such 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 Section 508 Standards or 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 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.




[1]The language set forth in this document is mandatory for all (1) Requests for Quotes issued by Executive Department agencies on or after December 1, 2006 for information technology solutions under statewide contract ITS23 for the services of Technical Specialists, Solutions Providers, or Business Process Reengineering Vendors and (2) Requests for Responses for such solutions issued by Executive Department agencies that have received permission from the Operational Services Division to do so, in both cases where such Requests are for new systems or major upgrades to such systems, rather than enhancements or minor upgrades to systems existing prior to December 1, 2006.