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Version-specific documentation rather than generic or outdated materials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. A VPAT is self-reported and may not reflect actual accessibility. Agencies remain responsible for verifying accessibility and are ultimately accountable for compliance, regardless of vendor claims.
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.