PHDS-E - PWS - Attachment 6 - 20220531.docx

OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE HEALTH AFFAIRS

7700 ARLINGTON BOULEVARD, SUITE 5101 FALLS CHURCH, VIRGINIA 22042-5101

DEFENSE HEALTH AGENCY

May 31, 2022

MEMORANDUM FOR DHA Office of General Counsel– Falls Church (ATTENTION: Randy W. Stone)

SUBJECT: Waiver of Section 508 Requirement for Request for Proposal Section 1.15 of the Performance Work Statement (PWS) 508 Requirement:

The Contractor shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Specifically, the procurement, development, maintenance, or integration of electronic and information technology (EIT) under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at CFR part 1194.

The aforementioned Section 1.18 of the Performance Work Statement (PWS) 508 Requirement is hereby waived based upon the following determinations:

1. Section 508 (Federal Electronic and Information Technology)

On August 7, 1998, President Clinton signed into law the Rehabilitation Act Amendments of 1998 which covers access to federally funded programs and services. The law strengthens section 508 of the Rehabilitation Act and requires access to electronic and information technology provided by the Federal government. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent it does not pose an "undue burden." Section 508 speaks to various means for disseminating information, including computers, software, and electronic office equipment. It applies to, but is not solely focused on, Federal pages on the Internet or the World Wide Web. It does not apply to web pages of private industry.

Based upon Section 508, the act itself, this specifically applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. The concerned initiative, CAE-19-02653 procures maintenance and support services for pharmacy automation equipment deployed at Military Treatment Facilities. The Contractor shall provide capabilities including, but not limited to storage, administration, interfacing, reporting, data analysis, support, training, and maintenance.

2. Section 508 does not apply to “any E&IT operated by agencies, the function, operation, or use of which involves intelligence activities, cryptologic activities related to national security, command and control of military forces, equipment that is an integral part of a weapon or weapons system, or systems critical to the direct fulfillment of military or intelligence missions. Systems that are critical to the direct fulfillment of military or intelligence missions do not include systems used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).” Furthermore, Section 508 does not apply to E&IT acquired by a contractor incidental to a contract and E&IT located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment.

(see DOD Section 508 Fact Sheet http://dodcio.defense.gov/Portals/0/Documents/Section%20508/DoDS508_FactSheet_Co mpliant.pdf ).

3. The FAR definition of Information Technology is as follows:

(3) The term “information technology” does not include any equipment that—

(ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment, such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

The Contracting Officer hereby waives the contractor requirements to meet Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).

Submitted, Astley B. Davy, MPA Team Lead/Contracting Officer – COD FC Procurement Directorate Defense Health Agency (DHA) 7700 Arlington Blvd Falls Church, VA 22042 image1.jpeg image10.jpeg