Law / United States / 
Maine
Digital Accessibility and Usability Policy: vendor responsibilities in State of Maine procurements
Vendor responsibilities, Maine Digital Accessibility and Usability Policy secs. 3.3 and 3.6
In force since .
A procurement conditions rule binding public and private bodies.
- Obligation class
- Contract terms, Disclosure
- Conformance standard
- WCAG 2.1 AA, US Section 508 standards
What it requires
- If you sell information technology to a State of Maine agency, comply with the revised Section 508 Standards for the products and services you provide and conform with the WCAG Version 2.1 Level A and AA Success Criteria (policy sections 3.6.1 and 3.6.2).
- Submit an Accessibility Conformance Report, where required, for the products and services you propose or provide, for example when you respond to a request for proposals or under a contract, using the newest Voluntary Product Accessibility Template (WCAG edition) to the extent possible (policy sections 3.6.3 and 3.6.3.1).
- Fill out the Accessibility Conformance Report in its entirety, identify the automated and manual testing methodology and the testing tools used, and specify the conformance level and remarks for each entry (policy section 3.6.3.2).
- Provide the additional testing results and information the State requests to document the accessibility of what you propose or provide, and promptly fix reported accessibility issues that involve a substantial barrier to use (policy sections 3.6.4 and 3.6.5).
- If you submit an Accessibility Conformance Report on a template older than version 2.0, explain why you are not using a newer version, and make the report accurately and fully report the level of accessibility conformance (policy sections 3.6.3.4 and 3.6.3.5).
- If you are the Division of Procurement Services, make every procurement instrument under your purview that includes an information technology component require compliance with the policy by default (policy section 3.3.3).
These lines are LexLint's reading of the law's text.
What this law does
Title 5, section 1973, subsection 1, paragraph B directs the Chief Information Officer to set policies and standards for the implementation and use of information and telecommunications technologies, including standards of the federal Americans with Disabilities Act, and the Chief Information Officer approved and enforces the Office of Information Technology's Digital Accessibility and Usability Policy.
The policy directs the Division of Procurement Services to ensure that by default all procurement instruments under its purview that include an information technology component require compliance with the policy. A vendor must comply with the revised Section 508 Standards for any provided products and services. A vendor must conform with the WCAG Version 2.1 Level A and AA Success Criteria.
A vendor must submit an Accessibility Conformance Report, where required, for proposed or provided products and services, for example when responding to a request for proposals or as part of a contractual agreement. A vendor must promptly fix reported accessibility issues that involve a substantial barrier to use.
A vendor that submits an Accessibility Conformance Report on a template older than version 2.0 must explain why it is not using a newer version, and the report must accurately and fully report the level of accessibility conformance. For a WCAG item the policy requires that the report marks as partially supported or not supported, the vendor should include the plan and expected time frame for bringing it to a supports conformance level.
Agency leadership must ensure that contractual agreements for vendor-developed or vendor-delivered digital information and services adhere to the pertinent federal and state regulations and Office of Information Technology policies and standards. Version 3.1 of the policy is dated , and its initial issue date is .
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