§ 2.2-3503 Procurement requirements
A. An information and communications technology access clause shall be developed by the Secretary of Administration and shall require that the vendor certify that any product procured by a covered entity conforms with accessibility. If the vendor cannot certify conformance of accessibility of the ICT product being procured, the covered entity may require such vendor to provide a current vendor-paid and completed Accessibility Conformance Report indicating the level of conformance with accessibility for the ICT being procured by the covered entity. Any areas of nonconformance shall be documented with a vendor-paid and completed Vendor Accessibility Roadmap highlighting areas requiring improved accessibility, including a timeline for each nonconforming area’s completion. Consistent with 28 C.F.R. § 35.201 and 36 C.F.R. Part 1194, Appendix A, § E202, this clause should allow for the adoption of non-accessible ICT, provided that the use of such technology does not result in individuals with disabilities being denied the benefit of any program, service, or activity provided by the covered entity. The clause shall be included in all future contracts for the procurement of ICT by, or for the use of, entities covered by this chapter for which negotiation or renegotiation is begun on or after the effective date of this chapter. Such procurement procedure adopted pursuant to this section shall not supersede or conflict with any vendor procedure or policy adopted by a public institution of higher education under the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).
History
This law was first created in 1999. The record of its establishment is cataloged in chapters 769 and 773 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844; in 2020, chapter 738; in 2025, chapter 571.
1999, cc. 769, 773, § 2.1-810; 2001, c. 844; 2020, c. 738; 2025, c. 571.