Law / United States / 
Indiana
Indiana Office of Technology policy on assistive technology standards in information technology procurement (Operations ITP 02-1)
Indiana Office of Technology Operations ITP 02-1
In force since .
A procurement conditions rule binding public and private bodies.
- Obligation class
- Contract terms
- Conformance standard
- US Section 508 standards
What it requires
- If you sell information technology products or services to a state or local government agency in Indiana, verify that the product or service complies with Section 508 of the federal Rehabilitation Act; the agency must make compliance a requirement of the solicitation or contract (Operations ITP 02-1, sections 4 and 5.2).
- If you cannot meet a Section 508 standard, submit an exception to the agency using a Voluntary Product Accessibility Template or similar form (Operations ITP 02-1, section 5.2).
- Cure a breach of the policy within a reasonable time, or the agency may terminate the contract or procurement for default (Operations ITP 02-1, section 6).
- If you are a state or local government agency, require compliance with Section 508 in any procurement solicitation or contract for information technology related products or services, and obtain a waiver approved by the Indiana Office of Technology before a special procurement where the product is commercially unavailable or imposes an undue burden (Operations ITP 02-1, sections 4, 5.1 and 5.3).
These lines are LexLint's reading of the law's text.
What this law does
Operations ITP 02-1, the Indiana Office of Technology's Assistive Technology Standards policy, requires any information technology related product or service purchased, used or maintained by the executive, legislative, judicial and administrative branches of state and local government to be compatible with the principles and goals of the Section 508 accessibility standards.
The policy requires the agency to include compliance with those standards as a requirement in any procurement solicitation or contract for information technology related products or services. Contractors or providers must verify that the product or service provided complies with Section 508 and may submit exceptions to the agency using a Voluntary Product Accessibility Template or similar form.
If the product or service is commercially unavailable or imposes an undue burden, the agency must obtain a waiver approved by the Indiana Office of Technology before a special procurement is awarded, and a cost difference of more than 15% is considered an undue burden. The agency may terminate a contract or procurement for default if the contractor fails to cure a breach of the policy within a reasonable time. The policy names IC 4-13.1-3 as its statutory authority.
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