Law / United States / 
Vermont
Attachment C, Standard State Provisions for Contracts and Grants: IT accessibility standards for State of Vermont contractors and grantees
In force.
A procurement conditions rule binding public and private bodies.
What it requires
- This reaches a contractor, grantee or subrecipient whose agreement with the State of Vermont includes Attachment C, which Bulletin 3.5 requires in every contract the State procures except a Short Form Contract for services of up to 12 months and $24,999.99 (Attachment C, provision 1; Bulletin 3.5, sections 10.1.2(c) and 10.1.2.2).
- If you provide digital products, services or content under a State of Vermont contract or grant, make them adhere to the accessibility standards of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, 28 CFR Part 35, which reach websites, software applications, electronic reports and output documentation, and training delivered in electronic formats (Attachment C, provision 14B).
- Warrant that the software, products, services or subscriptions you provide under the agreement comply with that rule, and defend, indemnify and hold the State harmless against any claim related to a product's non-compliance (Attachment C, provision 14B(i)).
- When you update or upgrade a product, develop functionality that supports accessibility in conformance with the rule, and if nonconformance issues arise, provide alternative solutions on request at no additional cost to the State (Attachment C, provision 14B(ii)(a)).
- Document how each update or upgrade will affect the product's accessibility and usability, and on request give that documentation to the State in advance, within an agreed timeframe that lets the State approve the changes or ask for a remediation plan (Attachment C, provision 14B(ii)(b)).
These lines are LexLint's reading of the law's text.
What this law does
Attachment C, the Standard State Provisions for Contracts and Grants as revised on , binds the Contractor, Grantee or Subrecipient with whom the State of Vermont executes a contract or grant. Bulletin 3.5 of the Agency of Administration requires every contract procured by the State, except a Short Form Contract, to include Attachment C, and no contract may modify its terms without prior approval from the Attorney General's Office and the other officials the Bulletin names.
A Short Form Contract, with its Short Form Attachment C, may be authorized for limited purchases of services not exceeding 12 months and $24,999.99. Bulletin 3.5 establishes the general policy and standards for soliciting, awarding, processing, executing and overseeing State contracts in accordance with section 2222(a)(2) of title 3.
Section 2222(a)(2) of title 3 directs the Secretary of Administration, with the approval of the Governor, to issue general policy statements and general rules applicable to the Executive Branch of State government to implement executive orders or legislative mandate.
Under provision 14B, the Party agrees that any digital products, services and content provided under the agreement, whether supporting State programs or intended for the State's use, must adhere to the State's accessibility standards and guidelines as established by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, 28 CFR Part 35.
Provision 14B states that the rule applies to websites, software applications, electronic reports and output documentation, training delivered in electronic formats and other digital content. The Party warrants that the software, products, services or subscriptions it provides comply with the rule and agrees to defend, indemnify and hold harmless the State against any claim related to a product's non-compliance.
When the products are updated or upgraded, the Party agrees to develop functionality that supports accessibility in conformance with the rule, to provide alternative solutions on request at no additional cost to the State if nonconformance issues arise, and to document how the changes will affect the product's accessibility and usability.
On request, that documentation must be provided to the State in advance of the update or upgrade, within an agreed timeframe sufficient for the State to approve the changes or request a remediation plan. If agreed-upon updates fail to improve a product's accessibility or usability as planned, the failure is a material breach of the agreement.
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