Virginia Code Title 2.2. Administration of Government § 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.

B. 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.).