The procurement of accessible Information and Communications Technology (ICT) products and services requires mindful and proactive processes that incorporate federal and state accessibility standards. The Digital Accessibility Policy (CAM HR-86) was put in place to assist our accessibility compliance efforts, and accessible procurement is one area covered under the policy.
Legal and Policy Requirements
- All ICT procured by the university must meet the technical and functional criteria of federal and state law, as outlined in the Minimum Digital Accessibility Standards (MDAS) of the Digital Accessibility Policy, or receive an approved exception for use from the Technology Accessibility Review Committee (TARC).
- All ICT must be evaluated for accessibility conformance prior to use. The level of evaluation needed will change depending on the scope of use. For example, ICT to be utilized for unit or system-wide use would require a full, formal evaluation, and ICT to be used by a small research group or a couple of university employees may only require a quick, non-technical check.
- An accessibility evaluation is also required prior to requesting an accessibility exception from the TARC.
- For web-based ICT, accessibility must be supported in all commonly used web browsers and with a variety of assistive technologies. See the MDAS for specifics.
- In the event that ICT must be procured that would not be considered accessible under the MDAS:
- Per federal and state law, the most accessible ICT that meets business needs must be the product chosen.
- Inaccessible ICT must not be used unless it has received an approved accessibility exception.
An Important Note About Procurement Budgets
Despite our best efforts, we may receive an Office of Civil Rights (OCR) complaint regarding ICT in use on campus, especially in the realm of system-wide and classroom technologies. During an OCR investigation, our ability to procure accessible ICT is examined in light of the resources available to the entire university system. This means that project and department level budgets constraints are normally not considered a substantive barrier to procuring and utilizing accessible ICT. Be aware of this when there is a need to choose between partially accessible ICT products or services.
Five Steps to Accessible Procurement
1. Adopt explicit accessibility requirements
- Require conformance to WCAG 2.1 Level AA (current university standard) for all ICT purchases.
- Make accessibility a baseline requirement, not a “nice to have.”
- Communicate expectations early in the process (RFPs, quotes, demos).
- Ensure buyers know that accessibility is not waived by cost, urgency, or popularity.
2. Evaluate for accessibility before final product selection
- Request vendor accessibility documentation (VPAT/ACR).
- Conduct a basic accessibility review (functional spot check)
- Compare products within the same functional category for accessibility risk.
- Eliminate products with known critical barriers when accessible alternatives exist.
3. Include unambiguous accessibility language in contracts
- Require the vendor to maintain accessibility over time, including updates.
- Include obligations for timely remediation of identified barriers.
- Avoid vague or nonbinding statements such as “supports accessibility” or “aims to comply.”
4. Document market research and create an alternative access plan
- Record what products were reviewed and why the selected product was chosen.
- Clearly identify known accessibility gaps and impacted user groups.
- Define how users will receive equivalent access while barriers remain.
- Assign responsibility and timelines for implementing the alternative access plan.
5. Request a policy exception when accessibility flaws remain
- Use only when no accessible option meets the documented business need.
- Submit evidence of market research and the alternative access plan.
- Acknowledge the accessibility risk and its impact on disabled users.
- Treat exceptions as temporary, with a plan to re-evaluate or replace the product.