Member Services

Digital Accessibility Procurement Guide

Why This Matters

Accessibility failures are often introduced at the procurement stage rather than during development or after deployment. When accessibility requirements are not clearly defined, evaluated, and enforced during vendor selection, agencies can inherit barriers that are expensive and difficult to remediate later.

Addressing accessibility in procurement helps reduce risk, avoid rework, improve usability for all users, and support equitable access to digital services from the outset.

Scope

This guidance applies to the procurement of:

  • Software, including SaaS, web applications, and mobile applications
  • Websites and digital content
  • Electronic documents and forms
  • Third-party platforms and services
  • Information and Communication Technology (ICT)

Core Procurement Requirements

1. Define Accessibility Standards Upfront

All solicitations, including RFPs, RFQs, and contracts, should include:

  • Conformance to WCAG 2.1 Level AA, or the latest adopted standard
  • Applicability to all user-facing functionality

Avoid vague language such as “complies with accessibility laws” without identifying the technical standard being required.

2. Require Vendor Documentation

Vendors should provide:

  • A current VPAT (Voluntary Product Accessibility Template) or Accessibility Conformance Report (ACR)
  • Version-specific documentation rather than generic or outdated materials

If a VPAT is more than two years old, the agency should require justification or request an updated document.

3. Evaluate Accessibility During Selection

Accessibility should be included in the vendor evaluation and scoring process.

Minimum expectations include:

  • Reviewing the VPAT for completeness and credibility
  • Requesting a demonstration of accessible features
  • Including accessibility-related questions in vendor evaluation materials

Accessibility should not be treated as a post-award activity.

4. Include Enforceable Contract Language

Contracts should require:

  • Compliance with WCAG 2.1 Level AA, or the current adopted standard
  • Accessibility obligations for the initial delivery and all updates
  • Vendor responsibility for remediation at no additional cost when issues are identified
  • Defined remediation timelines
  • The agency’s right to test or audit accessibility

5. Establish Acceptance Criteria

Accessibility should be part of product acceptance.

  • Products may be rejected if they do not meet accessibility requirements
  • Accessibility testing, whether automated, manual, or both, should occur before acceptance

6. Require Ongoing Compliance

Vendors should be required to:

  • Maintain accessibility through product updates
  • Notify the agency of accessibility regressions
  • Provide updated VPATs or equivalent documentation for major releases

7. Address Risk and Accountability

Contracts should also address:

  • Indemnification related to accessibility non-compliance, where appropriate
  • Requirements that subcontractors meet the same accessibility standards

Implementation Recommendations

  • Assign responsibility to a designated accessibility lead or ADA Coordinator
  • Develop standard procurement language and templates
  • Maintain a central repository of approved language and vendor documentation
  • Train procurement and project staff on accessibility requirements

Bottom Line

If accessibility is not defined, evaluated, and enforced during procurement, it will become a remediation problem later that is more costly, riskier, and harder to fix.