Md. Code Regs. 14.33.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.33.02.02 - Scope

A. This chapter applies to the procurement of ICT and the provision of ICT services by or on behalf of agencies, except if:

(1) The ICT is not available with nonvisual access because the essential elements of the information technology are visual and a nonvisual equivalent cannot be developed; or

(2) The cost of modifying the ICT for compatibility with software and hardware for nonvisual access would increase the price of the procurement by more than 15 percent.

B. This chapter does not apply to ICT that is acquired and used by a contractor:

(1) Incidental to performing under a contract with the State or any agency; and

(2) To the extent that the ICT is not transferred to the State or any agency as part of the contractor's obligations to perform or incorporated into the deliverables provided to the State or any agency under the contract.

C. The ICT products or ICT services a contractor develops, procures, maintains, or uses that are not specified as part of a contract with the State or any agency are not required to comply with this chapter.

D. Except as otherwise required to comply with other law, this chapter may not be construed to require the installation of accessibility-related software or an assistive technology device at a workstation of a State employee who is not an individual with a disability.

E. Except as otherwise required to comply with the requirements of other law, this chapter may not be construed to require agencies:

(1) To provide access to the public to information at a location other than where the ICT is ordinarily provided to the public; or

(2) To purchase products for access and use by individuals with disabilities at a location other than where the ICT is ordinarily provided to the public.

F. Section E of this regulation may not be construed to relieve any unit of State government of its obligation to provide information or data under any other requirements of the law.

G. Except as provided by §§A-F of this regulation, ICT and ICT services procured, used, maintained, developed, and provided by or on behalf of agencies shall be nonvisually accessible in accordance with the standards promulgated in this chapter.

H. Agencies shall procure ICT and services that comply with the provisions in this chapter when such ICT and ICT services are available in the commercial marketplace or developed in response to a State government solicitation.

I. Best Meets. If ICT conforming to one or more provisions in this chapter is not commercially available, the agency shall procure the ICT that best meets the agency's business needs, consistent with this chapter.

J. Best Meets Required Documentation. The responsible agency official shall document in writing:

(1) The nonavailability of conforming ICT, including a description of market research performed and which provisions cannot be met; and

(2) The basis for determining that the ICT to be procured best meets the agency's business needs, consistent with this chapter.

K. Best Meets Alternative Means. If ICT that fully conforms to the provisions of this chapter is not commercially available, the agency shall provide individuals with visual disabilities access to and use of information and data by an alternative means that meets identified needs.

L. This chapter may not be construed to prohibit the use of designs or technologies as alternatives to those prescribed in this chapter if they result in substantially equivalent or greater access for people with visual disabilities.

Md. Code Regs. 14.33.02.02

Regulation .02 amended effective 49:5 Md. R. 366, eff. 3/7/2022