Law / United States / 
Oklahoma
Oklahoma Office of Management and Enterprise Services rule on accessible information and communication technology acquisitions, including the supplier's accessibility certification
Okla. Admin. Code 260:115-7-54
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Disclosure, Governance
- Conformance standard
- US Section 508 standards
What it requires
- If you sell information technology to an Oklahoma state agency, provide a written certification, signed by an authorized officer of your company, describing the extent to which your product or service complies with the applicable ICT Accessibility Standards required by the contract or solicitation, before state funds are spent; a VPAT published on your primary website may be used and is good for a one-year period (OAC 260:115-7-54(b)(3)).
- If you are a state agency, make the procurement of information technology subject to the Oklahoma ICT Accessibility Standards, conduct an accessibility determination as part of the acquisition evaluation, consider accessibility among the general, technical and functional requirements of the specifications, and at a minimum review vendor provided information in the form of a VPAT or comparable document (OAC 260:115-7-54(a)(1) to (3)).
- Include the accessibility clause adopted by the Information Services Division in all solicitations and contracts for information technology (OAC 260:115-7-54(b)(1)).
- When an acquisition exceeding $5,000.00 meets the criteria of a general exception or undue burden, document why and to what extent compliance with the applicable standards meets an exception or creates an undue burden, on the form the Information Services Division prescribes, and retain the documentation in the acquisition file (OAC 260:115-7-54(d)).
These lines are LexLint's reading of the law's text.
What this law does
Section 260:115-7-54 of the Oklahoma Administrative Code makes the procurement of information technology by a state agency subject to the Oklahoma Information and Communication Technology Accessibility Standards that the Office of Management and Enterprise Services prescribes and its Information Services Division maintains. For this section, state agency includes all agencies defined in section 34.29 of Title 62.
An agency must conduct an accessibility determination as part of the acquisition evaluation and must consider accessibility among the general, technical and functional requirements of the procurement specifications, at a minimum through review of vendor provided information submitted in the form of a Voluntary Product Accessibility Template or comparable document.
When acquiring a product, an agency must acquire products that comply with the applicable standards when such products are available in the commercial marketplace or are developed in response to an agency solicitation.
An agency may not claim a product is commercially unavailable on the ground that no product in the marketplace meets all of the standards; it must identify the commercial off-the-shelf products that best meet its general, technical and functional requirements and should then purchase the one that is most accessibility compliant. All solicitations and contracts for information technology must include the accessibility clause adopted by the Information Services Division.
A supplier must provide a written certification, signed by an authorized officer of the supplier, describing the extent to which the product or service complies with the applicable standards required by the contract or solicitation, before state funds are spent. A Voluntary Product Accessibility Template obtained from a supplier website is good for a one-year period.
The exceptions include information technology a contractor or grantee acquires incidental to a contract or grant, provided the technology does not become State property when the contract ends.
The other exceptions cover technology critical to public safety or intelligence missions (not routine administrative and business applications), technology in spaces frequented only by service personnel, technology that would need a fundamental alteration of the product to become accessible, and technology that would impose an undue burden on the agency.
An agency that determines that an acquisition exceeding $5,000.00 meets the criteria of a general exception or undue burden must document why and to what extent compliance with the applicable standards meets an exception or creates an undue burden. The section was added effective . The section's current text was last amended effective .
When LexLint raises it
When your app profile says your app ships a consumer interface.
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