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2005 LAWS OF MARYLAND
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Ch. 304
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(C) THE NONVISUAL ACCESS CLAUSE DEVELOPED UNDER SUBSECTION (B) OF
THIS SECTION SHALL BE CONSISTENT WITH THE STANDARDS DEVELOPED BY THE
DEPARTMENT OF BUDGET AND MANAGEMENT IN ACCORDANCE WITH THE
PROVISIONS OF § 3-412 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
Article - State Finance and Procurement
3-412.
(a) The Chief and the Board, in consultation with other units of State
government, and after public comment, shall develop a nonvisual access clause for
use in the procurement of information technology and information technology services
which specifies that the technology and services:
(1) must provide equivalent access for effective use by both visual and
nonvisual means;
(2) will present information, including prompts used for interactive
communications, in formats intended for both visual and nonvisual use;
(3) can be integrated into networks for obtaining, retrieving, and
disseminating information used by individuals who are not blind or visually impaired;
and
(4) shall be obtained, whenever possible, without modification for
compatibility with software and hardware for nonvisual access.
(b) (1) Except as provided in paragraph (2) of this subsection, the nonvisual
access clause required under subsection (a) of this section shall be included in each
invitation for bids or request for proposals and in each procurement contract or
modification of a contract issued under Title 13 of this article, without regard to the
method chosen under Title 13, Subtitle 1 of this article for the purchase of new or
upgraded information technology and information technology services.
(2) Except as provided in subsection (a)(4) of this section, the nonvisual
access clause required under paragraph (1) of this subsection is not required if:
(i) the information technology is not available with nonvisual
access because the essential elements of the information technology are visual and
nonvisual equivalence cannot be developed; or
(ii) the cost of modifying the information technology for
compatibility with software and hardware for nonvisual access would increase the
price of the procurement by more than 5 percent.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 10, 2005.
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- 1556 -
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