Following discussions about accessibility, the procurement contract should outline the agreement between the vendor and procurer regarding how progress on accessibility will be measured. For instance, the vendor might provide a roadmap as an addendum to the contract, detailing a prioritized list of accessibility issues and a timeline for addressing each one. Contract extensions could then be contingent on satisfactory progress toward resolving these issues. It is highly recommended that an accessibility roadmap should be established, identifying specifically which accessibility gaps and issues will be addressed and upon what timeline.
If the best product for a specific need falls short of meeting accessibility requirements, vendors should commit to improving accessibility within a specified timeline, possibly collaborating with campus staff. Even if the product is currently accessible, the contract should ensure continued accessibility through updates, particularly for products on a rapid release cycle.
The State of Colorado OIT requires that standard boilerplate language should be included in your contract with any vendor. Below is their recommended language in contracts:
A. Accessibility Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
B. Accessibility
i. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.