Exhibit O-2 - HHS Uniform EIR Accessibility Clause.pdf

Exhibit O-2, HHS Uniform Electronic and Information

Resources (EIR) Accessibility Clause

HHS0015558v2 – Video Directly Observed Therapy (VDOT) Services

RFO No. HHS0015558v2 Exhibit O-2

Uniform ICT Accessibility Clause

1.01 Applicability

This section applies if the contract requires the CONTRACTOR to procure or develop

Information and Communication Technology (ICT) for HSSC, or to change any of

HSSC’s ICT. This section also applies if the contract requires the CONTRACTOR to perform a service or supply goods that include ICT that: (i) HSSC employees are required or permitted to access; or (ii) members of the public are required or permitted to access.

This Article does not apply to incidental uses of ICT in the performance of a contract, unless the parties agree that the ICT will become property of the state or will be used by the HHS agency’s Client/Recipient after completion of the contract.

Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a product / service.

1.02 Definitions

The legacy term “Electronic and Information Resources” (EIR) and the term

“Information and Communication Technology” (ICT) are considered equivalent in meaning for the purpose of applicability of HHS uniform terms and conditions, policies, accessibility checklists, style guides, contract specifications, and other contract management documents.

a. “Accessibility Standards” refers to the Information and Communication

Technology Accessibility Standards and the Web Accessibility

Standards/Specifications under the Web Content Accessibility Guidelines version 2.0 Level AA, (WCAG 2.1), and the Section 508 Accessibility

Standards and 255 Standards.

b. “Information and Communication Technology (ICT)” is any information technology, equipment, or interconnected system or subsystem of equipment for which the principal function is the creation, conversion, duplication, automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, reception, or broadcast of data or information. Examples of ICT are electronic content, telecommunications products, computers and ancillary equipment, software, information kiosks and transaction machines, videos, IT services, and multifunction office machines that copy, scan, and fax documents.

c. “Information and Communication Technology Accessibility Standards” refers to the accessibility standards for information and communication technology contained in the Web Content Accessibility Guidelines version 2.1 Level AA.

d. “Web Accessibility Standards/Specifications” refers to the web standards contained in WCAG 2.1 Level AA.

e. “Products” means information resources technologies that are, or are related to, ICT.

f. “Service” means the act of delivering information or performing a task for employees, clients, or members of the public through a method of access or delivery that uses ICT.

g. “Level AA” means that all success Level A and Level AA success criteria included in WCAG 2.0 and 2.1 have been met.

1.03 Accessibility Requirements

Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, HSSC must procure

Products or Services that comply with the Accessibility Standards when such

Products or Services are available in the commercial marketplace or when such

Products or Services are developed in response to a procurement solicitation.

Accordingly, CONTRACTOR must provide ICT and associated Product and/or Service documentation and technical support that comply with the Accessibility Standards.

1.04 Evaluation, Testing and Monitoring

HHSC may review, test, evaluate and monitor CONTRACTOR’s Products, Services and associated documentation and technical support for compliance with the

Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing.

a. Neither (1) the review, testing (including acceptance testing), evaluation or monitoring of any Product or Service, nor (2) the absence of such review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the CONTRACTOR’S assertion of compliance with the Accessibility

Standards.

b. CONTRACTOR agrees to cooperate fully and provide HSSC and its representatives timely access to Products, Services, documentation, and other items and information needed to conduct such review, evaluation, testing and monitoring.

1.05 Representations and Warranties

a. CONTRACTOR represents and warrants that: (i) as of the effective date of the contract, the Products, Services and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the contract, unless and to the extent the Parties otherwise expressly agree in writing; and (ii) if the Products will be in the custody of the state or an HHS agency’s client or recipient after the contract expiration or termination, the Products will continue to comply with such Accessibility

Standards after the expiration or termination of the contract term, unless

HHSC and/or Client/Recipient, as applicable] uses the Products in a manner that renders it noncompliant.

b. In the event CONTRACTOR should have known, becomes aware, or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards, CONTRACTOR represents and warrants that it will, in a timely manner and at no cost to HSSC, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, repair, replacement, and upgrading of the Product, or providing a suitable substitute. Provided, however, in the case of critical vendors, Contractor will make reasonable best efforts to work with the vendor to improve accessibility and/or facilitate work-around methods to improve accessibility. Such action requires an exception approved by the

HHS Executive Commissioner.

c. CONTRACTOR acknowledges and agrees that these representations and warranties are essential inducements on which HSSC relies in awarding this contract.

d. CONTRACTOR’s representations and warranties under this subsection will survive the termination or expiration of the contract and will remain in full force and effect throughout the useful life of the Product.

1.06 Remedies

a. Pursuant to Texas Government Code Sec. 2054.465, CONTRACTOR does not have cause of action against HSSC for a claim of a failure to comply with

Texas Government Code Chapter 2054, Subchapter M, and rules of the

Department of Information Resources.

b. In the event of a breach of CONTRACTOR’s representations and warranties, CONTRACTOR will be liable for direct and consequential damages and any other remedies to which HSSC may be entitled. This remedy is cumulative of any and all other remedies to which HSSC may be entitled under this contract and other applicable law.