Attachment C-MBTA Accessibility Requirements.docx

Attachment C – MBTA Accessibility Requirements Overview MBTA is legally obligated to ensure non-discrimination and equal access to services on the part of persons with a disability and reasonable accommodations to employees with a disability. To effectively meet its responsibilities, the MBTA must achieve accessibility in the acquisition, deployment and utilization of information technology. The Commonwealth of Massachusetts defines accessibility to include compliance with its Enterprise Accessibility Standards and Web Accessibility Standards. These standards encompass the principles of Section 508 of the Federal Rehabilitation Act, the World Wide Web Consortium’s Web Content Authoring Guidelines, version 2, level AA (WCAG2 Standards), and the concept of usability for individuals with disabilities.

Bidders should thoroughly review the detailed accessibility obligations below. As a brief summary, Bidders must:

Prior to contract execution

· Provide a VPAT (defined below) or accessibility testing results for any pre-existing software, including Third Party Software, that the Bidder is delivering to MBTA.

· If the Bidder is delivering Software as a Service offering, provide access to the offering for accessibility testing.

· Cooperate with MBTA on addressing accessibility issues and entering into a mitigation letter, if necessary.

After contract execution

· Build accessibility into every phase of the project.

· Collaborate with MBTA and the AAC (defined below) on accessibility issues.

· Test for accessibility before delivery and include testing results with all deliveries.

· Cooperate with MBTA’s accessibility testing after delivery.

· Work to resolve any issues identified in testing and in the mitigation letter.

Definitions

· “Accessibility Audit Testing” is accessibility testing conducted on MBTA’s behalf by a third party testing vendor engaged and paid for by MBTA (an “Accessibility Testing Vendor”), as opposed to accessibility testing conducted by the Bidder.

· The “AT/IT List” is the Assistive Technology (“AT”)/Information Technology (“IT”) Environment List, which is available at https://www.mass.gov/guides/generic-assistive-technology-and-information-technology-atit-environment-list

· “End User Deliverables” are any software, documentation, and other interfaces or materials, and any configuration, implementation or customization thereof, used by end users (which may include internal end users, such as MBTA employees and Bidders, and external end users, such as Commonwealth residents) and delivered by the Bidder under the RFQ. End User Deliverables include, without limitation: any configuration, implementation, or customization of Third Party Software or vendor software and any updates, new releases, versions, upgrades, improvements, bug fixes, patches or other modifications to software.

· “Enterprise Accessibility Standards” are the Enterprise Information Technology Accessibility Standards and the Massachusetts Executive Office of Technology Services and Security (“EOTSS”) Enterprise Web Accessibility Standards as set forth in the Enterprise Information Technology Accessibility Policy available at https://www.mass.gov/policy-advisory/enterprise-information-technology-accessibility-policy

· “Solicitation” refers to a Request for Response (RFR), Request for Quotes (RFQ), or other request for services to which these terms apply.

· The term “software,” as used in these accessibility requirements, includes without limitation commercial off-the-shelf software (“COTS”) and software as a service or other cloud-based software (“SaaS”).

· “Third Party Software” is software not published by the Bidder.

· A “VPAT” is a Voluntary Product Accessibility Template based on the standardized form developed by the Information Technology Industry Council. A VPAT shows how a software product meets key regulations of Section 508 of the Rehabilitation Act, which requires all agencies and departments of the U.S. federal government to make electronic information and technology accessible to federal employees and members of the public with disabilities.

Accessibility Obligations Compliance with Commonwealth Standards The Bidder is responsible for addressing accessibility problems in any implementation, configuration, or documentation delivered or performed by Bidder, and in any software published by Bidder and delivered under this Solicitation.

ADA compliancy will apply to all End User Deliverables, both for internal-facing (Commonwealth employees/contractors) as well as for public-facing (customer) components. This applies also for training and support/admin components of the solution.

The Bidder shall ensure that all End User Deliverables adhere to the current version (as of the date of this Solicitation) of the Enterprise Accessibility Standards and interoperate with the environments listed on the AT/IT List. Bidder is encouraged to measure accessibility compliance using the World Wide Web Consortium’s Web Content Authoring Guidelines, version 2, level AA (the WCAG2 Standards), as defined at http://www.w3.org/WAI/intro/wcag.php, in place of (1) Section 2, Technical Standards – Applications of the Enterprise Information Technology Accessibility Standards, and (2) Sections 1 through 5 and Section 8 of the EOTSS Web Accessibility Standards.

The Bidder must ensure that accessibility and usability are addressed at every stage of the project. At the commencement of any project under this RFQ, prior to beginning any significant design or implementation work, the Bidder’s project manager shall meet with MBTA’s project manager and appropriate resources to review the Enterprise Accessibility Standards, the AT/IT List, and any accessibility guidance provided by software vendors, in order to discuss their impact on the project. On an ongoing basis, the Bidder must incorporate accessibility testing into all test plans, and include users of assistive technology in end user testing.

Accessibility Testing Vendors

MBTA shall hire a third party Accessibility Testing Vendor to conduct Accessibility Audit Testing for this project. The Accessibility Testing Vendor will test each End User Deliverable against the Enterprise Accessibility Standards, and for interoperability with the AT and the IT environment described in the AT/IT List. The Bidder shall cooperate with the Accessibility Testing Vendor.

The Accessibility Testing Vendor’s testing will be in addition to the Bidder’s own accessibility testing. The Bidder may either use its internal resources or may hire its own third party accessibility testing vendor to conduct testing.

Accessibility Advisory Committee (AAC) MBTA and the Bidder will collaborate and communicate throughout the process of creating the End User Deliverables with any vendors of Third Party Software, and with the Accessibility Advisory Committee. The AAC shall be comprised of at least one representative from each Vendor and MBTA, and representatives of certain agencies designated by the Commonwealth such as the Massachusetts Office on Disability, Executive Department disability coordinators, Massachusetts Rehabilitation Commission, Massachusetts Commission for the Blind and Massachusetts Commission on the Deaf and Hard of Hearing.

The AAC shall convene its first meeting no later than ten (10) calendar days after the Effective Date of any contract entered under this RFQ. Following this initial meeting, the AAC shall meet as mutually agreed to by MBTA and the Bidder in consultation with the AAC, but at a minimum, once a quarter. The purpose of these meetings shall be to prioritize the list of accessibility defects identified by the Bidder and/or MBTA (through its Accessibility Testing Vendor), discuss any questions relating to accessibility testing and accessibility requirements, and to ensure that any concerns raised by a member of the AAC or a third party regarding accessibility of the services are discussed, identified and addressed.

Training and Documentation The Bidder shall coordinate with MBTA in the identification of all prospective attendees at the Bidder training who require accommodation, and shall cooperate with MBTA in its provision of such accommodation.

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

Testing Accessibility testing must be incorporated as part of the Bidder’s overall quality assurance process. The Bidder shall test end user software for accessibility during any or all of unit testing, integration testing, final acceptance testing and system testing.

Testing of End User Deliverables The Bidder shall test every End User Deliverable against the Enterprise Accessibility Standards, and for interoperability with the AT and IT environments listed in the AT/IT List. The Bidder shall resolve any problems identified in such testing prior to delivering the End User Deliverable to MBTA. The Bidder shall deliver to MBTA the results of the final testing, with all accessibility problems resolved, at the same time it delivers the End User Deliverable. MBTA will conduct its own Accessibility Audit Testing of the End User Deliverables following delivery by the Bidder.

Testing of Third Party Software While the Bidder is obligated to test any configuration, customization or other modification it makes to Third Party Software, the Bidder is not responsible for testing out-of-the-box, non-configured third party software for which accessibility testing has already been conducted and test results have already been provided to MBTA in the form of a satisfactory VPAT provided in response to this RFQ.

If the Bidder is recommending or providing Third Party Software in response to this RFQ, the Bidder is responsible for working with MBTA and the publisher of such Third Party Software to identify and resolve accessibility issues. However, if the Bidder is configuring, installing, or otherwise working with Third Party Software that the Bidder did not recommend or provide to MBTA, Bidder is not responsible for accessibility issues for such Third Party Software that are not related to the Bidder’s configuration, customization or other modification of such Third Party Software.

Failure to Comply; Repeat Testing Following the Bidder’s testing described above, MBTA will conduct Accessibility Audit Testing on the End User Deliverables to determine compliance with the Enterprise Accessibility Standards and interoperability with the environments listed on the AT/IT List prior to acceptance of the deliverables by MBTA. MBTA’s initial post-delivery Accessibility Audit Testing of End User Deliverables is paid for by MBTA. If any End User Deliverables fail MBTA’s initial post-delivery Accessibility Audit Testing, the Bidder shall provide a credit to MBTA for any repeat MBTA Accessibility Audit Testing that is needed. Such credits shall not exceed five percent (5%) of either (1) the total fixed price due the Bidder under the initial contract resulting from this RFQ, or (2) the total not-to-exceed amount of the initial contract resulting from this RFQ if entered under a time and materials basis.

VPAT and Mitigation Letters The Bidder must provide VPATs in its bid package for any existing Bidder and third-party software with which end users will interact. With respect to software for which the Bidder cannot provide satisfactorily detailed VPATs, the Bidder shall provide any alternative accessibility testing information or test results to which it has access.

If MBTA determines that accessibility issues exist but can be resolved or mitigated after contract execution, MBTA may at its discretion file a request for a mitigation letter with EOTSS’s Director of Assistive Technology. A mitigation letter is not a waiver of accessibility obligations, but rather a roadmap that contains a list of accessibility issues and the Bidder’s commitment to cooperate with MBTA in resolving or mitigating the issues within a reasonable time following contract execution. Any mitigation letter shall become part of the contract resulting from this RFQ.

Additional Terms for SaaS Bidders

1. For SaaS offerings, MBTA reserves the right to test for accessibility or to engage a third party Accessibility Testing Vendor to conduct Accessibility Audit Testing at MBTA’s expense prior to scoring and selecting a Bidder. Bidders must cooperate with MBTA and the Accessibility Testing Vendor, including providing appropriate access to the applicable cloud products for such testing. The results of any such accessibility testing, the VPAT or other accessibility documentation provided by the Bidder, and the cooperation of the Bidder, will be taken into account in scoring and selecting a vendor.

2. Upon request, the Bidder must provide MBTA with accessibility-related content in the technical reference manual or program documentation for the applicable cloud product.

3. In connection with its accessibility testing as permitted above, MBTA shall have the right to configure the applicable cloud product in accordance with the technical reference manual or program documentation for MBTA’s accessibility needs.

4. If the Bidder is a SaaS provider with over 500,000 users for the SaaS offering bid in response to this RFQ, MBTA will negotiate with the Bidder a commercially reasonable time for compliance with the Enterprise Accessibility Standards and interoperability with the environments on the AT/IT List.

Prioritizing and Remediating Accessibility Issues The Bidder shall collaborate with MBTA, the AAC and the Accessibility Testing Vendor to prioritize accessibility defects based on severity.

The Bidder shall be responsible for curing each instance identified by MBTA or by its own accessibility testing in which the End User Deliverables fail to comply with the Enterprise Accessibility Standards or interoperate with the environments specified on the AT/IT List. Accessibility issues which pose a very minor inconvenience to disabled users but do not prevent them from using the software may not need to be remediated. Correction of accessibility issues may require, among other things, writing new core code, shutting off inaccessible features, providing users with third party software in addition to their assistive technology, or providing disabled users with an alternative pathway to the inaccessible feature or the business process that it automates.

Ongoing Maintenance The Bidder will be performing maintenance for MBTA and as such the Bidder’s obligations above apply to its performance of maintenance. During the maintenance period, unless otherwise agreed in writing by the Bidder and MBTA, the Bidder must ensure that the system continues to interoperate with the environments specified on the AT/IT List, including any changes to the AT/IT List that occur during the maintenance period, and must collaborate with MBTA and any pertinent Third Party Software vendor and Accessibility Testing Vendor to correct any problems identified regarding interoperability.