RFR Exhibit E - Accessibility~2.docx

RFR EXHIBIT E - ACCESSIBILITY

Accessibility The Health Connector is legally obligated under multiple federal laws and state statutes to ensure non-discrimination and equal access to Health Connector services on the part of persons with a disability and reasonable accommodations to Health Connector employees with a disability. To effectively meet its responsibilities, the Health Connector must achieve accessibility in the acquisition, deployment, and utilization of information technology. The Health Connector defines accessibility to include compliance with the Commonwealth’s Enterprise Information Technology Accessibility Standards, available online at https://www.mass.gov/policy-advisory/enterprise-information-technology-accessibility-policy.

Vendors must thoroughly review the detailed accessibility obligations below. The language of this exhibit is hereby incorporated by reference in the Master Services Agreement to be executed by the Parties.

Vendors must:

Prior to contract execution

· Cooperate with the Health Connector on addressing accessibility issues.

After contract execution

· Build accessibility into the project;

· Collaborate with the Health Connector on accessibility issues;

· Test for accessibility before delivery and include testing results if applicable with all deliveries; (for document deliverables, periodically test samples of documents prior to delivery and deliver periodic testing results); and

· Work to resolve any issues identified in testing.

Definitions

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

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

· “End User Deliverables” are any software, SaaS, websites, 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 Health Connector employees and contractors, and external end users, such as Members) and delivered by Vendor under the Solicitation. 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 EOTSS Enterprise Information Technology Accessibility Standards.

· “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 Vendor.

· 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.

Additional Resources for Brief Summary https://www.mass.gov/guides/generic-assistive-technology-and-information-technology-atit-environment-list Accessibility Obligations

1. Compliance with Commonwealth Standards The winning Vendor is responsible for addressing information technology accessibility problems in any implementation, configuration, or documentation delivered or performed by Vendor, and in any End User Deliverables delivered under this RFR, in support of Translation Services.

Vendor shall ensure that all End User Deliverables that support Readability and Usability Translation Services delivered under the Agreement adhere to the current version (as of the date of this RFR) of the Enterprise Accessibility Standards and interoperate with the environments listed on the AT/IT List.

Vendor must ensure that accessibility and usability for end users is addressed throughout the term of the Agreement. At the commencement of any project under this RFR, prior to beginning any significant design or implementation work, Vendor’s project manager shall meet with the Health Connector’s project manager and appropriate resources to review the Enterprise Accessibility Standards, the AT/IT List, and any accessibility guidance provided by software or SaaS vendors, in order to discuss their impact on the project. On an ongoing basis, Vendor must incorporate periodic accessibility testing of samples into all test plans pertaining to End User Deliverables and include users of assistive technology in end user testing.

2. Accessibility Testing Vendors The Health Connector may 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. Vendor shall cooperate with the Accessibility Testing Vendor.

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

3. Digital Accessibility and Equity Governance Board (DAEGB) The Health Connector and Vendor will collaborate and communicate throughout the process of creating the End User Deliverables with any vendors of Third Party Software, and, at the Health Connector’s option, with the Digital Accessibility and Equity Governance Board (the DAEGB).

4. Training and Documentation Vendor shall coordinate with the Health Connector and, at the Health Connector’s option, the DAEGB in the identification of all prospective attendees at Vendor training who require accommodation and shall cooperate with the Health Connector in its provision of such accommodation.

All administrator and end user documentation and any training materials delivered by Vendor under this RFR (whether in a classroom or online) must be accessible to users with disabilities and must include alternative keyboard commands wherever a mouse command is specified. All such materials delivered under this RFR and wholly owned by the Health Connector shall be in an agreed-upon editable format.

5. Testing Periodic accessibility testing of samples must be incorporated as part of Vendor’s overall quality assurance process. Vendor shall test End User Deliverables for accessibility during any or all of unit testing, integration testing, final acceptance testing and system testing.

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

7. Reserved.

8. Failure to Comply; Repeat Testing Following Vendor’s testing described above, the Health Connector 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. If any End User Deliverables fail the Health Connector’s initial post-delivery Accessibility Audit Testing, Vendor shall provide a credit to the Health Connector for any repeat Health Connector Accessibility Audit Testing that is needed. Such credits shall not exceed 5% of either (1) the total fixed price due Vendor under the initial contract resulting from this RFR, or (2) the total not-to-exceed amount of the initial contract resulting from this RFR if entered under a time and materials basis.