Information Technology Access Act contract clause language updated
On Tuesday, April 14, VITA communicated with Commonwealth of Virginia (COV) agency IT staff about updated accessibility compliance standards for information and communication technology (ICT) procurements. The memorandum outlined the requirements of HB2541, VITA's implementation and action requested of executive branch agency procurement officers.
The requirement
As amended by HB2541, the Virginia Information Technology Access Act (ITAA) creates an obligation to include a provision in solicitations and contracts that ensures any ICT procured by a "covered entity" conforms with the accessibility requirements set forth in the ITAA. HB2541 revised the ITAA to expand from the limited focus on non-visual access for the blind and visually impaired, to reflect a more inclusive accessibility conformance standard.
Covered entities with a population of 50,000 or more persons, institutions of higher education, and state public bodies are required to implement this for contracts that will begin negotiation or renegotiation on or after April 24, 2026. Special district governments and public bodies with a population of less than 50,000 are required to implement changes to contracts that will begin negotiation or renegotiation on or after April 26, 2027.
VITA's implementation
VITA's infrastructure, statewide and agency-delegated procurement contracts currently incorporate an obligation to comply with relevant Commonwealth of Virginia and federal regulations through its Mandatory Core Contractual Terms.
To comply with HB2541, VITA revised its Mandatory Core Contractual Terms to specifically incorporate the ITAA accessibility requirements. VITA will also include the revised requirements in request for proposal (RFP) packages and related contract templates for procurements negotiated or renegotiated on or after April 24, 2026.
VITA requested the following actions of executive branch agency procurement contacts:
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In-progress RFPs: Agency procurement officers should review previously posted RFPs with an award anticipated on or after April 24, 2026, to determine if these requirements are applicable. If so, agency procurement officers are encouraged to work with their assigned OAG attorney to update the relevant Requirements Exhibit to include these updated ITAA compliance requirements. An addendum is recommended to highlight this change.
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Upcoming RFPs: Continue to incorporate by reference VITA's Mandatory Core Contractual Terms and ensure the updated requirements are reflected in Exhibit A.
Other agencies and localities are encouraged to consider making similar changes for their respective contract templates.
Please contact your agency accessibility coordinator or your agency counsel at the OAG if you have questions about assessing compliance.
If you have any questions about the accessibility contract clause, please contact VITA's procurement team. For additional information about statewide IT contracts and IT procurement policies, visit VITA's procurement webpage.