IT_Supplemental.pdf

Information Technology (IT) Supplemental

IT Supplemental Effective Date: August 2024

1.1 Deliverables

As listed in the RFQ

1.1.1 Deliverable Submission

A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

B. Unless specified otherwise, written deliverables shall be compatible with

Microsoft Office, Microsoft Project or Microsoft Visio within two (2) versions of the current version. At the Contract Monitor’s discretion, the Contract

Monitor may request one hard copy of a written deliverable.

C. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

A. For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3

Minimum Deliverable Quality.

1.11 Nonvisual Access

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual

Access.

1.11.1 The bidder or offeror warrants that the information technology offered under this bid or proposal (1) provides equivalent access for effective use by both visual and non-visual means consistent with the standards of § 508 of the federal Rehabilitation Act of 1973 and Code of Maryland

Regulations 14.33.02; (2) provides an individual with disabilities with non-visual access in a way that is fully and equally accessible to and independently usable by the individual with disabilities so that the individual is able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use; (3) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (4) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (5) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 15 percent.

1.11.2 If the information technology procured under this solicitation does not meet the non-visual access standards set forth in the Code of Maryland Regulations 14.33.02, the State will notify the bidder or offeror in writing that the bidder or offeror, at its own expense, has 12 months after the date of the notification to modify the information technology in order to meet the non-visual access standards. If the bidder or offeror fails to modify the information technology to meet the nonvisual access standards within 12 months after the date of the notification, the bidder or offeror may be subject to a civil penalty of a fine not exceeding $5,000 for a first offense, and a fine not exceeding

$10,000 for a subsequent offense.

1.11.3 The bidder or offeror shall indemnify, defend and hold harmless the State for liability resulting from the use of information technology that does not meet the applicable non-visual access standards.

1.11.4 For purposes of this provision, the phrase ‘equivalent access' means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.

1.11.5 Prior to any IT solution being pushed to production or going live, the Contractor shall provide

DoIT with a comprehensive accessibility audit report demonstrating conformance with Web Content

Accessibility Guidelines (WCAG) 2.1 that includes the results from automated and manual testing tools, such as the use of Job Access With Speech (JAWS), VoiceOver and Non-Visual Desktop Access

(NVDA). The Contractor shall leverage a variety of commonly used accessibility testing procedures, including accessing the site through mainstream web browsers and evaluating accessibility, and performing comprehensive mobile accessibility testing using physical iOS and Android devices (not mobile emulators) to ensure the native accessibility features work with the respective IT solution. The report shall include a detailed timeline for the remediation of all identified accessibility issues. The

Contractor may use an independent third-party accessibility testing company to conduct this work.

Vendors may submit the comprehensive accessibility audit report through the Maryland OneStop system. Vendors who do not have an account should register for a OneStop account. Once registered, Vendors should go to Vendor Digital Accessibility Compliance Form to complete the form and attach the documents.

1.11.6 A testing and remediation plan must be provided for accessibility issues discovered with respect to information technology provided under the Contract. A testing and remediation plan must include items identified in paragraphs 4.33.3 and 4.33.3.1. If the Contractor will use any subcontractors as part of its plan, the Contractor must name the subcontractors in this plan. The

Contractor shall remediate any accessibility issues identified in the accessibility audit, by DoIT, or any other state agency. The Contractor must conduct validation testing on all remediated accessibility issues and provide a copy of the validation testing results as an Excel or Word file. Vendors may https://onestop.md.gov/ https://onestop.md.gov/ https://onestop.md.gov/forms/vendor-nva-reporting-form-61fd320d0b1ff302346790e2 https://onestop.md.gov/forms/vendor-nva-reporting-form-61fd320d0b1ff302346790e2 submit the comprehensive testing and remediation plan, validation testing results through the

Maryland OneStop system. Vendors who do not have an account should register for a OneStop account. Once registered, Vendors should go to Vendor Digital Accessibility Compliance Form to complete the form and attach the documents.

1.11.7 The Contractor agrees that the use of out-of-the-box or third-party source code does not waive a Contractor’s obligation to ensure that a product complies with the requirements of this

Section. Furthermore, the Contractor agrees that it bears sole responsibility to determine if any out-of-the-box source code or third-party code is accessible and to remediate any noncompliance with the

State’s nonvisual access requirements or cause any noncompliance to be remediated to ensure compliance with such requirements.

1.11.8 Ten percent (10% ) of all invoiced amounts shall be held back from each payment (the

“Retention Amount”), as retention money to guarantee Contractor’s performance of the obligations set forth in this clause. Contractor may invoice the State for release of the Retention

Amount upon DoIT’s written approval to place the IT solution into production. DoIT reserves the right to use the Retention Amount to pay for third-party solutions to remediate WCAG 2.1 Level A and AA accessibility issues if the Contractor is unable to remediate after 90 days following launch of the website or application.

https://onestop.md.gov/ https://onestop.md.gov/ https://onestop.md.gov/ https://onestop.md.gov/forms/vendor-nva-reporting-form-61fd320d0b1ff302346790e2 https://onestop.md.gov/forms/vendor-nva-reporting-form-61fd320d0b1ff302346790e2 https://www.w3.org/WAI/standards-guidelines/wcag/ https://www.w3.org/WAI/standards-guidelines/wcag/ https://www.w3.org/WAI/standards-guidelines/wcag/