Per Act 1227 of 1999, the Arkansas Department of Information Systems was required by legislation to develop a "technology access clause" requiring "compliance with nonvisual access standards established by the state" to be "included in all contracts for the procurement of information technology by, or for the use of, entities covered by this act."
The following is the Technology Access Clause required by this legislation. The intent is for all newly-procured information technology equipment, software and services to be able to be upgraded to accommodate the blind and visually impaired. Nothing in this section requires the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
All IT procurements must contain the following wording in the bid document and the terms and conditions of a resulting contract:
Technology Access Clause
The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of information technology unless that system meets certain statutory requirements, in accordance with State of Arkansas technology policy standards, relating to accessibility by persons with visual impairments.
Accordingly, the Vendor represents and warrants to (name of Entity) that the technology provided to (name of Entity) for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:
providing equivalent access for effective use by both visual and nonvisual means;
presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and
after being made accessible, it can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.
For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.
If requested, the Vendor must provide a detailed plan for making this purchase accessible and/or a validation of concept demonstration.
