All solicitation documents, contracts, and any amendments should include the text set forth in: New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications.
Standard of Review: All content, interfaces, and navigation elements to be used by University faculty/staff, program participants, or other University constituencies must be compliant with the Americans with Disabilities Act, as amended. Compliance means that a person with a disability can acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability, in an equally effective, timely, and integrated manner, with substantially equivalent ease of use.
A product will be considered by the University to have met this standard (as stated above) based on a review by the University or when the vendor demonstrates to the University that the work clearly meets the standard through documented accessibility testing.
Vendor proposals, quotes, or bids should describe the accessibility testing process, and may include but are not limited to code reviews by internal or external experts, evaluations with accessibility checking software, vendor test bedding with assistive technologies, testing by users with disabilities, or testing by a third party organization.
Vendors should answer the following questions to address product accessibility:
- What standards are followed for coding of interfaces (if 508, what parts; if WCAG 2.0, which level)?
- Do you do testing with users with disabilities? If so, can you explain the process and identify, roughly, the range of disabilities and assistive technologies used?
- What experience do your developers have coding for accessibility?
- What are your company’s internal standards for development with accessibility in mind? (Note: may have been answered by question 2.)
- Does your company have a road map for accessibility going forward? If so, can you give us a general outline (goals, milestones)?
- Have you tested and/or developed your mobile apps (especially iOS and Android) with accessibility in mind?
- If the University finds that there are changes that need to be made to web/mobile interfaces/apps, what guarantee can be made to the University that these changes will be implemented to the University’s satisfaction prior to go-live/going forward?
- Will your company provide the indemnity below to protect the University against legal action related to failures in accessibility?
[Vendor] shall be compliant with all federal and state laws and requirements in the provision of services under this Agreement, including but not limited to the provision for equally effective and substantially equivalent ease of use for persons with disabilities, as required by the Americans with Disabilities Act (ADA). Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG) 2.0, level AA shall be used to evaluate minimum compliance with the ADA. [Vendor] shall indemnify, defend, and hold the University, the State of New York, the City of New York, the Dormitory Authority of the State of New York, and their respective Trustees, Employees, agents, and servants harmless for any fines, penalties, expenses, or awards related to any claims related to failure to maintain ADA compliance, including attorneys’ fees, and requests for accommodations.