Section 7: ICT Accessibility Solicitation Language

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. 

Option 1 – Dedicated Accessibility Section 

Section [X]: Accessibility Requirements for Information and Communication Technology (ICT) 

[X].1 Commitment to Accessibility 

 [Name of Educational Institution] is committed to ensuring that all Information and Communication Technology (ICT) products and services are accessible to all individuals, including those with disabilities, in accordance with applicable laws and institutional policies, including [Name of Educational Institution]’s ICT Accessibility Policy and ICT Procurement Policy. All proposals must address how the offered ICT products and services meet these accessibility requirements. 

[X].2 Applicable Accessibility Standards  

The ICT products and/or services proposed must conform to the following accessibility standards: 

• Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. This applies to all web-based ICT, including websites, web applications, and digital content. 

• Revised Section 508 of the Rehabilitation Act of 1973 (36 C.F.R. Part 1194), where applicable, particularly for non-web ICT such as software, operating systems, and hardware. Conformance should meet functional performance criteria and technical provisions relevant to the specific ICT. 

Vendors should clearly state conformance to these standards for each relevant component of their proposed solution. 

[X].3 Vendor Accessibility Documentation Requirements  

As part of their proposal, vendors must submit the following accessibility documentation: 

1. Accessibility Conformance Report (ACR): A completed ACR based on the latest version of the Voluntary Product Accessibility Template (VPAT®). The ACR must be specific to the version of the product(s) or service(s) being offered and detail conformance with WCAG 2.1 AA and relevant Section 508 standards. 

2. Accessibility Roadmap (if applicable): If the product/service does not fully meet all specified accessibility standards, provide a detailed roadmap outlining plans and timelines for achieving full conformance. This should include information on how current accessibility gaps will be addressed. 

3. Detailed Description of Accessibility Features: Provide a description of the accessibility features inherent in the proposed ICT and how these features support users with various disabilities. 

4. Testing Methodology: Describe the methodologies used to test the accessibility of the ICT, including any use of assistive technologies, automated testing tools, and manual testing by individuals with disabilities. 

[X].4 Evaluation of Accessibility  

Accessibility will be a significant evaluation criterion in the selection process. [Name of Educational Institution] will evaluate the vendor’s commitment to accessibility, the completeness and accuracy of the submitted ACR, and the overall conformance of the proposed ICT with the specified standards. [Optional: You can state a specific weight or scoring percentage for accessibility here, e.g., “Accessibility will constitute [X]% of the total evaluation score.”] 

[X].5 Right to Test and Require Demonstration  

[Name of Educational Institution] reserves the right to: 

• Conduct its own accessibility testing on proposed ICT products and services. 

• Require vendors to provide a demonstration of the accessibility features of their proposed solution, including interaction with common assistive technologies. 

• Request further clarification or evidence of accessibility claims. 

[X].6 Post-Award Accessibility Requirements  

If selected, the vendor will be required to: 

• Warranty that the ICT product(s) and/or service(s) provided will comply with the accessibility standards specified in this solicitation and the resulting contract. 

• Remediate any accessibility defects identified post-award within an agreed-upon timeframe, at no additional cost to [Name of Educational Institution]. 

• Ensure that any updates, upgrades, or new versions of the ICT product(s) and/or service(s) will also conform to the agreed-upon accessibility standards. 

Failure to comply with these accessibility requirements may be considered a breach of contract. 

Option 2: Shorter Clauses (can be used individually or combined) 

General Accessibility Statement:  

All ICT products and services proposed must comply with [Name of Educational Institution]’s accessibility standards, primarily WCAG 2.1 Level AA and relevant Section 508 provisions. Vendors must describe how their solution meets these requirements. 

VPAT/ACR Requirement:  

Vendors must submit a current Accessibility Conformance Report (ACR) based on the latest VPAT® version, detailing conformance with WCAG 2.1 Level AA and relevant Section 508 standards for the proposed ICT. 

Evaluation of Accessibility:  

The accessibility of the proposed ICT products and services will be a key factor in the evaluation process. [Name of Educational Institution] reserves the right to test products for accessibility compliance. 

Contractual Obligation for Accessibility:  

The awarded vendor will be contractually obligated to ensure the provided ICT meets specified accessibility standards (WCAG 2.1 Level AA and relevant Section 508 provisions) throughout the contract period, including all updates and upgrades. The vendor will be responsible for remediating any identified accessibility issues at no cost to the institution. 

Considerations 

• [Brackets]: Replace all bracketed information with your institution’s specific details. 

• Legal Review: It is crucial to have your institution’s legal counsel review and approve any procurement language to ensure it aligns with all applicable laws and institutional risk management practices. 

• Clarity for Vendors: Ensure the language is clear and unambiguous so vendors understand their obligations. 

• Training for Staff: Your procurement and evaluation staff will need to understand these requirements to implement them effectively. 

By including such language, you clearly communicate your institution’s accessibility expectations and make accessibility a tangible part of the procurement decision-making process. 

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.