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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
DOT information that are not specifically authorized by the contract.
d Rights in data. Rights in data under this contract are set forth in clauses prescribed by FAR part 27 and included in this contract, e.g., 52.227
14 Rights in DataGeneral. Contractor must make any assertion of copyright in the data or other deliverables under this contract and substantiate such assertions. Contractor must add or correct all limited rights, restricted rights, or copyright notices and take all other appropriate actions in accordance with the terms of this contract and the clauses included herein.
e Notification of third-party access requests. The Contractor shall notify the Contracting Officer promptly of any requests from a third party for access to Federal records, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or local agency. The Contractor shall cooperate with the Contracting Officer to take all measures to protect Federal records, from any unauthorized disclosure.
f Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take DOT-provided records management training. The Contractor is responsible for confirming to the Contracting Officer that training, including initial training and any annual or refresher training, has been completed in accordance with agency policies.
g Subcontract flowdown requirements. 1 The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph g, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.
2 Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
End of clause 1252.23992 Information and Communication Technology Accessibility Notice.

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As prescribed in 1239.20370a, insert the following provision:
Information and Communication Technology Accessibility Notice DATE
a Any offeror responding to this solicitation must comply with established DOT Information and Communication Technology ICT
formerly known as Electronic and Information EIT accessibility standards. Information about Section 508 is available at https
www.section508.gov/ or https
www.access-board.gov/guidelines-and-

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standards/communications-and-it/
about-the-section-508-standards.
b The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 1252.23981, Information and Communication Technology Accessibility. In order to facilitate the Governments determination whether proposed ICT
supplies and services meet applicable Section 508 accessibility standards, offerors must submit appropriate Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist DOT acquisition and program officials in determining whether proposed ICT supplies or information, documentation and services support conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and documentin detailwhether they conform to a specific Section 508
accessibility standard, and any underway remediation efforts addressing conformance issues.
c Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
End of provision 1252.23993 Information and Communication Technology Accessibility.

As prescribed in 1239.20370b, insert the following clause:
Information and Communication Technology Accessibility DATE
a Definition. The term Electronic and Information Technology EIT
supplies and services, as used in this subpart, is intended to refer to Information and Communication Technology ICT and any successor terms used to describe such technology.
b All EIT supplies, information, documentation and services support developed, acquired, maintained or delivered under this contract or order must comply with the Information and Communication Technology ICT
Standards and Guidelines see 36 CFR
parts 1193 and 1194. Information about Section 508 is available at https
www.access-board.gov/guidelines-andstandards/communications-and-it/

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c The Section 508 accessibility standards applicable to this contract or order are identified in the Specification, Statement of Work, or Performance Work Statement. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
d The Section 508 accessibility standards applicable to this contract are:
lll Contracting Officer inserts the applicable Section 508 accessibility standards.
e In the event of a modifications to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the Contractor submit a completed Section 508 Checklist and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508
accessibility standards. If the Government determines that ICT
supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
f If this is an indefinite-delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/
delivery order requests that include ICT
supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed Section 508
Checklist and any other additional information necessary to assist the Government in determining that the ICT
supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT
supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

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