Section 6: ICT Procurement Policy Template

ICT (Information and Communication Technologies) Procurement Policy (including Accessibility Requirements) 

Important Disclaimer: This is template language for illustrative purposes only. It is CRITICAL that this language be reviewed, customized, and approved by your institution’s legal counsel to ensure it aligns with your institution’s specific needs, risk tolerance, procurement policies, and all applicable federal and state laws. 

[Name of Educational Institution] 

Effective Date: [Date]  

Last Reviewed: [Date] 

1. Policy Statement and Purpose 

[Name of Educational Institution] is committed to ensuring that all Information and Communication Technologies (ICT) procured, developed, maintained, or used by the institution are accessible to all individuals, including those with disabilities. This policy establishes the requirements and procedures for integrating accessibility considerations into the procurement process for all ICT products and services. 

The purpose of this policy is to: 

  • Ensure that accessibility is a primary consideration in the selection, acquisition, and use of ICT. 
  • Support the institution’s commitment to inclusivity and equal opportunity as outlined in its overarching ICT Accessibility Policy and relevant federal and state laws. 
  • Minimize the risk of acquiring inaccessible ICT that could create barriers for students, faculty, staff, and the public. 
  • Provide clear guidelines for departments, procurement personnel, and vendors regarding accessibility requirements in ICT procurement. 

2. Scope 

This policy applies to all procurements of ICT by any department, unit, or individual within [Name of Educational Institution], regardless of the funding source or procurement method (e.g., purchase orders, contracts, requests for proposals (RFPs), requests for quotes (RFQs), software licenses, free products, or services). 

ICT includes, but is not limited to: 

  • Software applications and platforms (including cloud-based services, learning management systems, student information systems, administrative software). 
  • Web-based applications and websites. 
  • Digital content (including multimedia, electronic documents, and instructional materials acquired from third parties). 
  • Hardware (including computers, tablets, kiosks, peripherals, telecommunication equipment, classroom technology like interactive whiteboards). 
  • Services that involve the creation, use, or delivery of ICT (e.g., web development services, digital content creation services, IT consulting). 

3. Definitions 

  • Accessibility: The design of ICT such that individuals with disabilities can independently perceive, understand, navigate, interact with, and contribute to the digital environment. 
  • Accessibility Conformance Report (ACR): A report based on the Voluntary Product Accessibility Template (VPAT®) that details the extent to which an ICT product or service conforms to specified accessibility standards. 
  • Information and Communication Technologies (ICT): Encompasses information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, collection, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. 
  • Requesting Department: Any academic or administrative unit within [Name of Educational Institution] seeking to procure ICT. 
  • Section 508: Part of the Rehabilitation Act of 1973 requires federal agencies to make their ICT accessible to people with disabilities. Its technical standards are often used as a benchmark by other organizations, including educational institutions. 
  • Undue Burden: Significant difficulty or expense. In determining whether an action would result in an undue burden, an institution shall consider all institutional resources available. 
  • Vendor: Any supplier, manufacturer, contractor, or third-party entity providing ICT products or services to the institution. 
  • Voluntary Product Accessibility Template (VPAT®): A standardized form developed by the Information Technology Industry Council (ITI) used by vendors to document the accessibility features of their ICT products and services, typically based on WCAG and/or Section 508 standards. 
  • Web Content Accessibility Guidelines (WCAG): A set of internationally recognized guidelines for creating accessible web content, developed by the World Wide Web Consortium (W3C). [Name of Educational Institution] adheres to WCAG 2.1 Level AA as its primary standard for web-based ICT. 

4. Legal and Standards Basis 

All ICT procurements shall comply with applicable federal and state accessibility laws and institutional policies, including but not limited to: 

  • [Any relevant state laws or regulations]. 
  • [Name of Educational Institution]’s ICT Accessibility Policy. 

The technical standard for accessibility will be WCAG 2.1, Level AA, and relevant functional performance criteria from Section 508 for ICT that is not web-based. 

5. Roles and Responsibilities 

  • Procurement Office/Department:  
  • Ensure this policy is implemented and integrated into all procurement procedures and documentation. 
  • Provide guidance and training to Requesting Departments on accessible ICT procurement. 
  • Require accessibility documentation (e.g., ACRs based on VPATs) as part of the solicitation and evaluation process. 
  • Incorporate accessibility requirements and clauses into contracts and purchase agreements. 
  • Collaborate with the [ICT Accessibility Coordinator/Office] on complex procurements. 
  • Requesting Departments (Faculty and Staff):  
  • Identify accessibility needs and requirements during the initial planning phase of any ICT procurement. 
  • Consider accessibility as a key criterion when evaluating potential ICT solutions. 
  • Obtain and review accessibility documentation (e.g., ACRs) from vendors. 
  • Consult with the [ICT Accessibility Coordinator/Office] for guidance on evaluating product accessibility and developing accommodation plans if needed. 
  • Ensure that “free” products or services also meet accessibility requirements before adoption or use. 
  • [ICT Accessibility Coordinator/Office, e.g., Director of Technology, Accessibility Services]:  
  • Serve as the primary subject matter expert on ICT accessibility for the institution. 
  • Assist the Procurement Office and Requesting Departments in understanding and applying accessibility standards. 
  • Review accessibility documentation (e.g., ACRs) provided by vendors, particularly for significant or high-impact procurements. 
  • Provide training and resources on ICT accessibility. 
  • Assist in the development of Equally Effective Alternate Access Plans (EEAAPs) when necessary. 
  • Manage the exception request process related to ICT accessibility in procurement. 
  • Vendors:  
  • Provide accurate and complete accessibility information for their products and services, including Accessibility Conformance Reports (ACRs) based on the current VPAT® version, and detailed information on how their product meets the specified accessibility standards. 
  • Demonstrate how their products or services can be used by individuals with disabilities. 
  • Be responsive to requests for further accessibility information or demonstrations. 
  • Commit to addressing identified accessibility defects in a timely manner as outlined in contractual agreements. 

6. Accessibility Requirements in Procurement Phases 

Accessibility must be considered throughout the entire procurement lifecycle: 

  • Phase 1: Planning and Needs Assessment  
  • Requesting Departments must identify the intended users and uses of the ICT and consider potential accessibility needs. 
  • Accessibility requirements must be included in the initial definition of product/service specifications. 
  • Phase 2: Solicitation (e.g., RFP, RFQ)  
  • All solicitations for ICT must include clear accessibility requirements, referencing institutional standards (e.g., WCAG 2.1 Level AA, Section 508). 
  • Solicitations must require vendors to submit an Accessibility Conformance Report (ACR) based on the current VPAT® version, detailing how their product/service meets the specified standards. 
  • Solicitations should request information on the vendor’s accessibility testing methodologies and their roadmap for future accessibility improvements. 
  • The institution reserves the right to conduct its own accessibility testing or require a demonstration. 
  • Phase 3: Evaluation  
  • Accessibility will be a significant criterion in the evaluation of vendor proposals and product/service suitability. The weight of this criterion should be predefined in the solicitation documents. 
  • ACRs and other accessibility documentation will be reviewed by the Requesting Department and, when appropriate or for high-risk procurements, by the [ICT Accessibility Coordinator/Office]. 
  • Evaluation may include accessibility testing or demonstration of the product/service by the vendor. 
  • Preference will be given to products and services that best meet the accessibility standards. 
  • Phase 4: Award and Contract Language  
  • Contracts and purchase agreements must include clauses that:  
  • Require the vendor to warrant the accessibility of their product/service in accordance with the specified standards. 
  • Obligate the vendor to remediate any accessibility defects discovered post-purchase, within an agreed-upon timeframe and at no additional cost to the institution. 
  • Outline consequences for non-compliance with accessibility commitments. 
  • Ensure that any updates or new versions of the product/service will also conform to the accessibility standards. 
  • Phase 5: Contract Management and Post-Procurement  
  • The Requesting Department is responsible for ongoing monitoring of the ICT product/service to ensure continued accessibility compliance, especially after updates or upgrades. 
  • Any accessibility issues identified post-procurement should be reported to the vendor for remediation as per the contract terms and to the [ICT Accessibility Coordinator/Office]. 

7. Vendor Requirements and Documentation 

  • Vendors responding to solicitations for ICT must provide an up-to-date Accessibility Conformance Report (ACR) based on the latest version of the VPAT®. The ACR should be complete, accurate, and specific to the version of the product or service being offered. 
  • Vendors may be required to provide additional information, such as:  
  • Detailed results of accessibility testing (manual and automated). 
  • Examples of how their product/service is used with assistive technologies. 
  • A roadmap for future accessibility improvements. 
  • Willingness to allow the institution or a third party to conduct independent accessibility testing. 
  • Claims of accessibility will be verified by the institution. Misrepresentation of accessibility conformance may be grounds for disqualification or contract termination. 

8. Evaluation of Accessibility 

The evaluation of a product or service’s accessibility will be based on: 

  • The completeness and accuracy of the ACR. 
  • Independent testing by the institution or a designated third party, if deemed necessary. 
  • Product demonstrations focusing on accessibility features and use with assistive technologies. 
  • Vendor responses to specific accessibility inquiries. 

If no fully compliant product is available that meets the core business needs, the institution will select the product that best meets accessibility standards and develop an Equally Effective Alternate Access Plan (EEAAP) if required. The EEAAP will be documented and outline how individuals with disabilities will be provided with comparable access to the information and services. 

9. Exceptions 

In rare circumstances, an exception to this policy may be granted if: 

  • Compliance is not technically feasible or would impose an undue burden on the institution. 
  • No commercially available product meets the accessibility requirements and fulfills the core business/academic needs. 
  • The ICT is used by a very limited audience in a specific context where no individual with a disability requires access (this requires careful evaluation and justification). 

Requests for exceptions must be submitted in writing to the [ICT Accessibility Coordinator/Office or designated authority] by the Requesting Department. The request must include: 

  • A detailed justification for the exception. 
  • The specific accessibility standards that cannot be met. 
  • An analysis of the impact on individuals with disabilities. 
  • A proposed Equally Effective Alternate Access Plan (EEAAP) detailing how individuals with disabilities will achieve an equivalent outcome. 

Exceptions are granted on a case-by-case basis, for a limited duration, and require approval from [Designated Authority, e.g., ICT Accessibility Coordinator in consultation with Legal Counsel and the requesting department head]. All approved exceptions and EEAAPs will be documented. 

10. Policy Review and Updates 

This ICT Procurement Policy will be reviewed at least every [e.g., two years] or as needed due to changes in legal requirements, accessibility standards, institutional practices, or technologies. Updates will be communicated to the institutional community. 

11. Contact Information 

For questions regarding this policy or assistance with accessible ICT procurement, please contact: 

  • Procurement Office: [Email Address], [Phone Number], [Website] 
  • [ICT Accessibility Coordinator/Office]: [Email Address], [Phone Number], [Website] 

Disclaimer: This is a template and should be reviewed and customized by legal counsel and relevant stakeholders within your educational institution. It’s crucial to adapt the roles, responsibilities, specific standards (e.g., current WCAG version), and exception processes to your institution’s structure, resources, and existing policies. Consider any specific state laws that may apply. 

Make an investment
in education accessibility

Work with us
Donate to Benetech

Be the first to get key
highlights and updates