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Re: Dealing with accessibility issues in web development service contracts

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From: Kline, Jeff
Date: Feb 13, 2012 8:27AM

Birkir:

It also very important to include accessibility language (such as meeting an selected accessibility standard...WCAG, 508, etc.) in contract solicitations. Inserting accessibility language into a contract once the supplier has been selected is too late, in that the capabilities of the supplier's accessibility skills / experience will not be known.

When accessibility language / criteria is included in the solicitation, supplier responses can be compared, giving you (the customer) the opportunity to discuss the responses with the suppliers and obtain additional information about their accessibility abilities....test methods, developer skills, VPAT information, etc. This information then be factored in to the "award" decision, and standard accessibility language integrated into the contract subject to the same terms as other aspects of the contract...warranties and representations, corrective actions, etc.

In the situation you described, I suggest caution in allowing the supplier to commence this work until you and your organization are confident that they can actually do it. If they have no prior experience, you could see a lot of problems. I also suggest that you include very specific language in the contract addendum, or whatever instrument you use for such things.


Jeff Kline
Statewide EIR Accessibility Coordinator
Texas Department of Information Resources
Phone 512.463.3248

Strategicaccessibility.com