                                 CODE OF VIRGINIA

PROCUREMENT REQUIREMENTS (§ 2.2-3503)

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&#8217;s
completion. Consistent with 28 C.F.R. &#xA7; 35.201 and 36 C.F.R. Part 1194,
Appendix A, &#xA7; 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 (&#xA7; 23.1-1000 et seq.).

HISTORY: 1999, cc. 769, 773, § 2.1-810; 2001, c. 844; 2020, c. 738; 2025, c.
571.