Procurement Appendix C(1)

The Department of Education's Contract Language

The Department of Education's EIT contract language incorporates accessibility to persons with disabilities, in relevant part, as follows:

The Department of Education (ED) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Under Section 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. sections 794 and 794d, as amended), ED must ensure the accessibility of its programs and activities, specifically its obligation to acquire and use accessible electronic and information technology. ED maintains the manual, "Requirements for Accessible Software Design," to convey the accessibility needs of the Department to developers and suppliers of computer applications. To comply with the provisions of this clause, the contractor may use the edition of the ED manual "Requirements for Accessible Software Design" in effect at the date of award of this contract or any more recent edition. A copy of the most recent edition of the manual may be found at
(a) Software developed for ED--The contractor shall ensure that any software developed under this contract for use by ED's employees or external customers are accessible to individuals with disabilities. At a minimum, such software must meet all the requirements of the ED manual "Requirements for Accessible Software Design." However, in accordance with paragraph (d) of this clause, the contracting officer may waive a particular requirement.
(b) Software enhanced or modified for ED--Any enhancements and other modifications, made under this contract software for use by ED's employees or external customers, are subject to the requirements of paragraph (a) of this clause, regardless of where or how the software was first developed. Except as otherwise specified elsewhere in the contract schedule, the contractor is only required to ensure that enhancement or modifications (not other features or parts of the software) of the software fully comply with the accessibility requirements of paragraph (a), as well as suggest solutions to ensure the software complies.
(c) Other software delivered under this contract--The contractor shall consider accessibility to individuals with disabilities as a significant factor when selecting or purchasing any software that will be delivered under this contract for use by ED's employees or external customers.

The Department of Education's contract language as submitted to the Department of Justice also included references to waivers, schedules for examination periods, and other clauses that will likely be superceded when the standards implementing section 508 are rolled into the FAR.

1. This document is available on the Department of Justice's section 508 Web site ( People with disabilities may request copies in Braille, large print, or on computer disk by calling 1-800-514-0301 (voice) or 1-800-514-0383 (TTY).

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