MSDE_Supplemental_Information_Technology_Requirements_10.2024__5_.pdf

MSDE SUPPLEMENTAL INFORMATION TECHNOLOGY REQUIREMENTS 10/2024

MSDE SUPPLEMENTAL INFORMATION TECHNOLOGY REQUIREMENTS

1. Accessibility Requirements

These MSDE Supplemental Requirements are in addition to the requirements otherwise set forth in the solicitation. In the event of any conflict or inconsistency in any language in the solicitation or the Contract, the stricter language shall apply.

1.1 Accessibility Compliance.

A. The State is committed to ensuring that digital technology and services are accessible to individuals with disabilities in compliance with all applicable federal and State laws, regulations, and applicable technical standards. The Contractor shall be responsible for ensuring that any and all products and/or services provided under this Contract shall meet all accessibility requirements and standards set forth in applicable federal and State laws and regulations, including, without limitation, Education Article § 7-910 of the Annotated Code of

Maryland, COMAR 13a.06.05, Title II of the Americans with Disabilities Act, the Federal

Rehabilitation Act of 1973, 28 C.F.R. 35 (including the Final Rule on “Accessibility of Web

Content and Mobile Apps Provided by State and Local Governments” the (“Final Rule”)), and the technical standard set forth in the Web Content Accessibility Guidelines (“WCAG”) 2.1, Level AA. The Contractor acknowledges that MSDE seeks to comply, and expects compliance from the Contractor, with the Federal Rule immediately. If any laws, regulations, or standards regarding accessibility of the provided products or services change during Contract performance, the Contractor shall agree to modify its products or services to comply with the changed laws, regulations, or standards.

B. The Contractor guarantees that all documents, materials, and other deliverables produced or provided as part of this Contract will be fully and equally accessible to persons with disabilities under all applicable federal and State laws and regulations, including those referenced in subsection A of this Section. If the documents, materials, and other deliverables are to be distributed or posted to MSDE’s website, final versions shall be ready for posting with no additional modification to the documents, materials, or other deliverables necessary to be performed by MSDE. This includes documents and materials provided in English, as well as those documents and materials that the Contractor is required to translate into another language.

C. The Contractor guarantees that all digital tools and/or any web content and mobile app services supplied under this Contract meet the accessibility standards set forth in WCAG 2.1

Level AA. Further, the Contractor guarantees all digital tools and/or any web content and mobile app services supplied under this Contract conform to meet any requirements under all applicable

Federal and State laws and regulations, including those referenced in subsection A of this

Section.

D. The Contractor agrees to adhere to all requirements of Education Article § 7-910 and any applicable regulations. The Contractor also agrees to adhere to all requirements set forth in 28 C.F.R. 35, including Final Rule, as it relates to the services provided to the State by the

Contractor.

E. The Contractor may not provide non-accessible or alternative non-conforming digital tools or any web content and mobile app services unless exceptions are specifically authorized in writing to do so by the State. Any conforming alternative version of any digital or any web content and mobile app services, or any portion thereof, must be approved in writing by the State.

F. If there is any conflict or inconsistency in the solicitation or the resulting Contract regarding accessibility standards that must be met by the Contractor, the higher standard shall prevail. Any attempt by the Offeror/Bidder or Contractor to limit its compliance with accessibility laws, regulations, or solicitation requirements in its proposal/bid shall not be allowed and such language shall be considered void in the event the parties enter into a Contract.

G. If there is a technical proposal submitted in response to a request for proposals

(“RFP”), the Offeror shall describe how its products and/or services are accessible under applicable laws, regulations, and the WCAG 2.1, Level AA technical standard.

H. If there is a bid submitted in response to an invitation for bids (“IFB”), the Bidder hereby warrants that its products and/or services are accessible under applicable laws, regulations, and the WCAG 2.1, Level AA technical standard.

I. If this Contract is the result of a sole source procurement or intergovernmental cooperative purchasing agreement (including a participating addendum), the Contractor hereby warrants that its products and/or services are accessible under applicable laws, regulations, and the WCGA 2.1, Level AA technical standard.

J. In its technical proposal, the Offeror shall clearly inform the State if it believes that accessibility compliance will result in an undue financial or administrative burden to the State without including any pricing information. However, any final determination of any undue financial or administrative burden shall rest solely with the State and, unless directed otherwise, the Offeror must still adhere to all applicable accessibility laws and technical requirements. The Offeror shall structure its technical and financial proposals based upon adherence to all applicable accessibility laws and technical requirements.

1.1.1 Accessibility Maintenance and Support.

During the Contract term, the Contractor shall provide ongoing maintenance and support for accessibility for provided products and services, including, but not limited to, any digital tools and any web content and mobile app services. The ongoing maintenance and support shall consist of, at a minimum, the services described in this section.

A. Accessibility Compliance Audits. The Contractor shall periodically, but no less than annually, conduct accessibility compliance audits, to ensure continued compliance with all applicable laws, regulations, and the WCAG 2.1 Level AA technical standard. This audit shall a Voluntary Product Accessibility Template (VPAT) and the VPAT must adhere to the current published standards (currently - version 2.5 REV WCAG or 2.5 REV 508 or their latest rendition). The audit must include a list of identified WCAG 2.1 Level AA areas of non-compliance and estimated remediation timeframes. The results of the audit shall be provided to the Contract Monitor no later than 120 days after the Contract start date and annually thereafter.

The State reserves the right to request additional accessibility compliance audits, at no additional cost to the State if the State, in its sole discretion, determines there is a need for an audit more than annually.

B. State-Conducted Accessibility Compliance Audits. The State reserves the right to conduct its own accessibility compliance audit in order to determine if the Contractor is in compliance with all applicable laws, regulations, and the WCAG 2.1 Level AA technical standard. MSDE’s failure to conduct an accessibility compliance audit does not waive the duties and obligations of the Contractor to comply with all applicable laws, regulations, and technical standards related to accessibility.

C. Accessibility Remediation. The Contractor shall remediate any identified non-compliance with any applicable laws, regulations, and the WCAG 2.1, Level AA technical standard, conduct validation testing, and provide documentation of the testing results within thirty (30) days of notification of its discovery of any non-compliance or notice of any non-compliance, whichever is earlier. The remediation shall be at no additional cost to the State. The

Contract Monitor may allow an additional time for remediation, if the Contractor appears to be working diligently toward remediation but cannot meet the thirty (30) day deadline.

1.1.2 Accessibility Compliance Indemnity and Potential Penalties.

A. For purposes of clarification, the Contractor’s indemnification obligations set forth in Exhibit 2 – Contract shall include the accessibility compliance requirements set forth in this Section and any claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s, or any of its subcontractors’, compliance with applicable laws, regulations, and guidelines associated with accessibility compliance. Nothing in this Section shall be viewed as limiting the indemnification requirements and obligations set forth in Exhibit 2 – Contract.

B. Any limitation of liability clause in the Contract shall not apply to accessibility compliance and the Contractor’s liability shall be unlimited.

C. In addition to the indemnification obligations set forth in this Section and in this Contract, if the Contractor fails to meet the equivalent access standards required by any applicable federal or State law or regulation, it may be assessed civil penalties or fine, including those set forth in Education Article § 7-910.

1.1.3 Third-Party Technology.

The Contractor acknowledges and agrees that supplying third-party technology, products, or services does not exempt the Contractor from ensuring that the products or services provided under this Contract comply with the accessibility requirements of this Section. The Contractor bears sole responsibility for determining the accessibility of such technology, products, or services and must ensure that any product can be edited or remediated as necessary to comply with accessibility standards.

1.1.4 Information Technology Supplemental

The Information Technology Supplemental section entitled “Nonvisual Access” shall be construed in its entirety to require the Contractor to meet all accessibility requirements set forth in Federal and State laws and regulations, regardless of whether a disability and the corresponding accessibility requirement is related to vision. All subsections of “Nonvisual

Access” shall be interpreted broadly and liberally to extend beyond vision in order to comply with all applicable accessibility and equivalent access standards.