USAID 752.236-70 Standards for accessibility for the disabled in USAID construction contracts. Basic (JUL 2007)

As prescribed in 736.570, Contracting officers must insert the clause at 752.236-70, Standards for Accessibility for the Disabled in USAID Construction Contracts, in all solicitations and contracts for construction or renovations made using program funds.

Standards for Accessibility for the Disabled in USAID Construction Contracts (July 2007)

(a) One of the objectives of the USAID Disability Policy is to engage other U.S. Government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities. As part of this policy USAID has established standards for any new or renovation construction project funded by USAID to allow access by people with disabilities (PWDs). The full text of the policy paper can be found at the following Web site: http://www.usaid.gov/about_usaid/disability/.

(b) USAID requires the contractor to comply with standards of accessibility for people with disabilities in all structures, buildings or facilities resulting from new or renovation construction or alterations of an existing structure.

(c) The contractor must comply with the host country or regional standards for accessibility in construction when such standards result in at least substantially equivalent accessibility and usability as the standard provided in the Americans with Disabilities Act (ADA) of 1990 and the Architectural Barriers Act (ABA) Accessibility Guidelines of July 2004. Where there are no host country or regional standards for universal access or where the host country or regional standards fail to meet the ADA/ABA threshold, the standard prescribed in the ADA and the ABA must be used.

(d) New Construction. All new construction must comply with the above standards for accessibility.

(e) Alterations. Changes to an existing structure that affect, or could affect, the usability of the structure must comply with the above standards for accessibility unless the contractor obtains the contracting officer's advance approval that compliance is technically infeasible or constitutes an undue burden or both. Compliance is technically infeasible where structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements of the standard. Compliance is an undue burden where it entails either a significant difficulty or expense or both.

(f) Exceptions. The following construction related activities are excepted from the requirements of paragraphs (a) through (d) of this section:

(1) Normal maintenance, re-roofing, painting or wallpapering, or changes to mechanical or electrical systems are not alterations and the above standards do not apply unless they affect the accessibility of the building or facility; and

(2) emergency construction (which may entail the provision of plastic sheeting or tents, minor repair and upgrading of existing structures, rebuilding of part of existing structures, or provision of temporary structures) intended to be temporary in nature. A portion of emergency construction assistance may be provided to people with disabilities as part of the process of identifying disaster- and crisis-affected people as “most vulnerable.”

[79 FR 75000, Dec. 16, 2014]

NONE

Prime’s Interest;
Services ✖ Supplies ✖ Construction ✔ Architect-Eng ✖ 

52.204-9 Personal Identity Verification of Contractor Personnel.

52.207-3 Right of First Refusal of Employment.

52.222-46 Evaluation of Compensation for Professional Employees.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.232-23 Assignment of Claims.

52.232-24 Prohibition of Assignment of Claims.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-1 Disputes.

52.233-2 Service of Protest.

52.233-4 Applicable Law for Breach of Contract Claim.

52.242-13 Bankruptcy.

52.242-5 Payments to Small Business Subcontractors.

52.243-4 Changes.

52.248-1 Value Engineering.

52.248-3 Value Engineering—Construction.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.224-3 Privacy Training.

52.216-32 Task-Order and Delivery-Order Ombudsman.

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

252.235-7004 Protection of Human Subjects.

1852.231-70 Precontract Costs.

5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

3052.205-70 Advertisements, Publicizing Awards, and Releases.

3052.235-70 Dissemination of information - educational institutions.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

5152.233-5900 AGENCY PROTEST PROGRAM

552.215-73 Notice.

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

652.206-70 Advocate for Competition/Ombudsman.

652.243-70 Notices.

752.222-70 USAID disability policy.

752.231-71 Salary supplements for HG employees.

952.203-70 Whistleblower protection for contractor employees.

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