Law / United States / 
Maryland
Nonvisual access clause in State information technology procurement: vendor warranty, remedy period, civil penalty and indemnity
Md. Code Ann., State Fin. and Proc. § 3.5-311
In force.
A procurement conditions rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Conformance standard
- US Section 508 standards
What it requires
- If you sell new or upgraded information technology or information technology services to a unit of the Maryland Executive Branch, accept the nonvisual access clause in the solicitation and contract, and warrant in it that the technology provides equivalent access for effective use by both visual and nonvisual means consistent with the standards of section 508 of the federal Rehabilitation Act of 1973 and COMAR 14.33.02 (State Fin. and Proc. 3.5-311(a)(1) and (b)(1); COMAR 21.05.08.05A).
- Warrant in that clause that the cost, if any, of modifying the technology for compatibility with software and hardware used for nonvisual access will not increase its cost by more than 15 percent (COMAR 21.05.08.05A).
- If the State notifies you in writing, after its determination within 18 months of the award, that the technology does not meet the nonvisual access standards, modify it at your own expense within 12 months after the notice so that it meets them (State Fin. and Proc. 3.5-311(a)(2)(i)-(ii); COMAR 21.05.08.05A).
- Indemnify the State for liability resulting from the use of technology that does not meet the nonvisual access standards, and defend and hold the State harmless from claims, costs, losses, damages, liability, judgments and expenses arising from that use (State Fin. and Proc. 3.5-311(a)(2)(iii)2.; COMAR 21.05.08.05A).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
A vendor that fails to modify the technology within 12 months after written notice may be subject to a civil penalty not exceeding $5,000 for a first offense and not exceeding $10,000 for a subsequent offense.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 10,000
What this law does
Each invitation for bids, request for proposals and procurement contract issued under Title 13 of the State Finance and Procurement Article for new or upgraded information technology and information technology services must include a nonvisual access clause.
In the clause the bidder or offeror warrants that the information and communication technology provides equivalent access for effective use by both visual and nonvisual means consistent with the standards of section 508 of the federal Rehabilitation Act of 1973 and COMAR 14.33.02. The bidder or offeror further warrants that the cost, if any, of modifying the technology for nonvisual access will not increase its cost by more than 15 percent.
Within 18 months after the award, the Secretary of Information Technology or the Secretary’s designee determines whether the technology meets the nonvisual access standards. If the technology does not meet the standards, the vendor has 12 months after written notice to modify it at its own expense.
A vendor that fails to modify the technology in that time may be subject to a civil penalty of up to $5,000 for a first offense and up to $10,000 for a subsequent offense, and must indemnify the State for liability resulting from the use of technology that does not meet the standards.
The clause is not required if the technology is not available with nonvisual access because its essential elements are visual and nonvisual equivalence cannot be developed, or if modifying it would increase the price of the procurement by more than 15 percent. The nonvisual access rules apply to the units of the Executive Branch of State government, other than the bodies the subtitle lists.
When LexLint raises it
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