Law / United States / 
Nebraska
Technology access clause in state agency contracts for information technology
Technology access clause, Neb. Rev. Stat. 73-205
In force since .
A procurement conditions rule binding public and private bodies.
- Obligation class
- Contract terms
What it requires
- If you sell an automated information system or other information technology to a Nebraska state agency, the contract carries the technology access clause: as a condition for the expenditure of state funds, the input and output technology is to be capable of supporting modification and otherwise provide for equivalent access for both visual and nonvisual use (Neb. Rev. Stat. 73-205(2) and (3)).
- If you provide a Nebraska state agency a product or service containing information and communication technology, including software, applications, web sites, videos or electronic documents, that users interact with directly or that is public-facing, provide equivalent access to people who have and who do not have disabilities, or modify it during implementation to afford that access; complying with Section 508 and its Access Board standards satisfies the clause (Technology Access Clause, assurances 2 and 3).
- If you are a state agency, include the technology access clause in every contract that involves the purchase of an automated information system, whatever the source of funds, whether the purchase is made under delegated purchasing authority, or the source of law (73-205(1) and (3)).
These lines are LexLint's reading of the law's text.
What this law does
The Commission for the Blind and Visually Impaired, the Nebraska Information Technology Commission and the Chief Information Officer must develop a technology access clause to be included in all contracts entered into by state agencies on and after .
The clause must state, as a condition for the expenditure of state funds in the purchase of information technology, that the input and output technology shall be capable of supporting modification and otherwise provide for equivalent access for both visual and nonvisual use.
The clause must be included in all contracts made by state agencies that involve the purchase of an automated information system, without regard to the source of funds, whether the purchase is made under delegated purchasing authority, or the source of law under which the purchase is made.
Under the current technology access clause, a contractor providing a product or service that contains information and communication technology which users interact with directly, or which is public-facing, agrees that the technology must provide equivalent access, or be modified during implementation to afford equivalent access, to employees, program participants and members of the public who have and who do not have disabilities.
A contractor may comply with the clause by complying with Section 508 of the Rehabilitation Act of 1973 and its implementing standards adopted by the federal Access Board. Information and communication technology under the clause includes software, applications, web sites, videos and electronic documents. The clause does not reach technology used exclusively by a contractor.
The current clause was approved by the Commission for the Blind and Visually Impaired on , and by the Technical Panel of the Nebraska Information Technology Commission and the Chief Information Officer on .
When LexLint raises it
When your app profile says your app ships a consumer interface or distributes a software product.
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