Law / United States / Virginia

Information Technology Access Act: the accessibility certification a vendor gives in a covered entity's procurement of information and communications technology

Va. Code Ann. § 2.2-3503

In force since .

A procurement conditions rule binding private bodies.

Instrument type
an act of a legislature
Obligation class
Disclosure

What it requires

  • If you sell information and communications technology to a state agency, public school division, public institution of higher education or political subdivision of Virginia, certify that the product conforms with accessibility, meaning alignment with the federal Section 508 standards and Section 255 guidelines and with 28 CFR 35.200 (Va. Code Ann. 2.2-3501 and 2.2-3503(A)).
  • If you cannot certify conformance, provide on the covered entity's request a current vendor-paid and completed Accessibility Conformance Report indicating the level of conformance of the ICT being procured, completed by a digital accessibility subject matter expert with significant experience with product evaluation or by a qualified neutral third party (Va. Code Ann. 2.2-3501 and 2.2-3503(A)).
  • Document any area of nonconformance in a vendor-paid and completed Vendor Accessibility Roadmap that highlights the areas requiring improved accessibility, with a timeline for each nonconforming area's completion (Va. Code Ann. 2.2-3503(A)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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The Secretary of Administration must develop an information and communications technology access clause that requires the vendor to certify that any product procured by a covered entity conforms with accessibility. If the vendor cannot certify conformance, the covered entity may require a current vendor-paid and completed Accessibility Conformance Report indicating the level of conformance of the ICT being procured.

Any areas of nonconformance must be documented in a vendor-paid and completed Vendor Accessibility Roadmap that highlights the areas requiring improved accessibility, including a timeline for each nonconforming area's completion.

An Accessibility Conformance Report is a completed Voluntary Product Accessibility Template or other document indicating a product's conformance to accessibility standards such as the federal Section 508 standards and Section 255 guidelines, completed by a digital accessibility subject matter expert with significant experience with product evaluation or by a qualified neutral third party.

The clause should allow the adoption of non-accessible ICT, provided that its use does not result in individuals with disabilities being denied the benefit of any program, service, or activity provided by the covered entity. The clause must be included in all future contracts for the procurement of ICT by, or for the use of, covered entities for which negotiation or renegotiation begins on or after the effective date of the chapter.

The procurement procedure does not supersede or conflict with any vendor procedure or policy that a public institution of higher education adopts under the Restructured Higher Education Financial and Administrative Operations Act. The clause applies only to contracts entered into or renewed on or after the dates on which the Act applies to the covered entity, in accordance with the third and fourth enactments of Chapter 571 of the 2025 Acts of Assembly.

When LexLint raises it

When your app profile says your app ships a consumer interface.

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