b'LEGISLATIVEREPORTin defending businesses counted justcompanies that provide website ac- an attorney threatens with a demand over 800 cases filed in federal courts incessibility audits. A good audit willletter. Look into the possibility of 2017. Last year, the number jumped toprovide information as what musta website accessibility audit to un-over 2,250. They are most common inbe done to make the web page acces- derstand what may be involved in New York, Florida, and California, butsible. Using your browser to searchupgrading your site. its only a matter of time before otherfor website accessibility audit willPVA intends to include a practical jurisdictions catch up. Some cases seemquickly give you a number of possi- presentation on website accessibility as to be brought by legitimately aggrievedbilities. part of the program of the PVA Annual plaintiffs with disabilities. Others areA prudent operator will not waitConvention at MariTrends 2020 next filed in bunches by particular attorneysuntil a potential plaintiff complains orFebruary 3-6 in Tampa, Florida. nwho are notorious for their sue and settle techniques. Its easy for a person with a computer to attempt to access dozens of websites in a single sitting and compile a list of companies thatWoods Hole, Marthas Vineyardmay be vulnerable to the threat of a lawsuit. and Nantucket Steamship AuthorityA particularly vexing problem is while the U.S. Department of Justice says that the ADA requires websites toNOTICE OF be accessible, there is no federal regu- REQUEST FOR PROPOSALSlation that specifies standards for howFOR CONSULTING SERVICESan accessible website is to be designed.TO ASSIST THE STEAMSHIP AUTHORITY INAt one point, the Justice DepartmentTRANSITIONING TO A PROCESS-BASED APPROACH TO MANAGEMENT, INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF A NEW SAFETY embarked on a rulemaking to developMANAGEMENT SYSTEM (SMS) AND QUALITY MANAGEMENT SYSTEM (QMS)such standards, but last year it discon-CONTRACT NO. 03-2019tinued that effort.The Woods Hole, Marthas Vineyard and Nantucket Steamship Authority (the SSA) has is-To the extent there is a standard,sued a Request for Proposals (RFP) from consulting firms to assist the SSA in transitioning the most common is called the Webto a process-based approach to management, including the development and implementa-Content Accessibility Guidelinestion of a safety management system (SMS) across its fleet and facilities as well as a quality (WCAG) 2.0 AA. They were developedmanagement system (QMS) across its entire organization, as recommended by HMS Con-by a group of private specialists. This issulting, Glosten and Rigor Analytics (collectively, HMS) in the report they issued on their the standard used for federal govern- comprehensive review of the SSAs operations, dated December 13, 2018 (the Report). The ment web pages. Several courts haveSSA has not yet established a deadline for the submission of proposals, but will do so in a used WCAG 2.0 AA as a benchmark tosubsequent addendum to the RFP. At this time, the SSA anticipates that the deadline for sub-evaluate the accessibility of a privatemitting proposals will be in late April or early May 2019 so that the SSA will have sufficient businesss website. However, as webtime to respond to consulting firms questions and suggestions regarding the RFP after they design technology evolves rapidly, anyhave had sufficient opportunity to review both the RFP and the Report.static benchmark runs the risk of even- In order to receive electronic versions of the RFP, the Report, and all subsequent addenda tually becoming outdated. issued by the SSA to the RFP, please email the SSAs Procurement Officer, Peggy Nickerson, Making a website accessible can bewhoseemailaddressismshipauthority.com .Electronicversionsof those documents may also be requested by calling Ms. Nickerson at (508) 548-5011, ext. costly, particularly if an existing site515, during the SSAs regulparn ibcukseinrseossn h@osutresa.needs to be altered to be brought upThe SSA is utilizing a RFP procurement process for this Contact. Under such a process, the to code, so to speak. It is relativelyselection of the most advantageous proposal will be based upon price and other evaluation less expensive to include the accessi- factors specified in the RFP. The RFP fully details the procurement process and the require-bility features in a newly constructedments for each proposal, and persons interested in submitting proposals for the Contract website. A big challenge is that websitesmust comply with the provisions hereof. are not static, so anytime a new featureUnless all proposals are rejected, the SSA shall award the Contract to the eligible and respon-is added or an existing one changed, itssible consulting firm who offers the most advantageous proposal to the SSA, based upon the RFP requirements and the evaluation criteria established for the Contract. In this regard, the accessibility must be taken into consid- Total Proposal Price is only part of the evaluation process, as more fully detailed in the RFP.eration. The SSA is soliciting competitive proposals pursuant to a determination that such a process What is a company to do as farbest serves the interest of the SSA and the general public, and not because of any legal re-as evaluating its existing websitequirement to do so. The SSA reserves the right to accept or to reject any and all proposals, to and altering it to improve accessibil- modify or amend with the consent of the consulting firm any proposal prior to acceptance, ity? There are numerous specializedand to waive any informality, all as the SSA in its sole judgment and discretion may deem to be in its best interest.APRIL 2019FOGHORN 37'