Procuring Accessible Vendors

Purpose

This document outlines the impact on Farmingdale State College of the April 2026 Title II law based on WCAG 2.1 AA.  This law covers various aspects of technology, requiring modifications to the University’s current Procurement Process. 

Note: April 2026 must conform to WCAG AA 2.1 as previously accepted WCAG AA 2.0.  This means existing vendor VPATS must be updated to comply.

Title II law requires compliance of all aspects of the University’s technology.  In addition to currently reviewed procured third party software, the law covers in-house developed software, usage of opensource code and faculty electronic teaching materials.

Procurement Scope

Paid Third-Party Software (new contracts and renewals)

Farmingdale’s current procurement process applies to both purchases and renewals of paid software.  All paid third-party software will remain in the procurement scope.

Opensource

It is proposed at this time that opensource technologies are also subject to the current procurement process flow.  Otherwise, the usage of these technologies is not tracked or tested and can be easily missed, posing legal risk.

University Developed Software and Faculty Teaching Materials

Certain technologies do not flow through the procurement process.  This includes University developed software and Faculty teaching materials.  Plans need to be made for both these situations as they are covered by the Title II law, however they are out of scope of the procurement process and will be addressed in other accessibility rollout plans.

Archived content

Archived content is excluded from Title II.  The DOJ defines archived content as:

  • Predates the rule
  • Kept only for reference, research, or recordkeeping
  • Kept in an archive
  • Content has not been changes since it was archived

Exception Types and Exception Process

Currently, Farmingdale allows for an exception request or alternative access plan if no VPAT is supplied by the vendor or the vendor is non-compliant.  Starting April 2026, neither of these forms are legally valid.

SUNY Procurement Accessibility Conformance Standards (PACS - edited)

Gather Information 

  • Include accessibility in pre-purchase documents/questionnaires
  • Commitment to accessibility is reflected in RFP language
  • Collect documentation verifying EIT accessibility conformance (Voluntary Product Accessibility Template)
  • Obtain Accessibility Roadmap - document which addresses all [application] interface accessibility gaps, describes the timelines by which these accessibility gaps will be remediated, as well as recommendations regarding interim workarounds.

Review Product/Service     

  • High impact EIT products and services should be evaluated by an appropriately qualified individual or entity. This evaluation should be documented and can be performed by campus personnel or through third-party vendors. Cost for an external evaluation can be deferred to the prospective vendor(s).
  • Conduct Exceptions on a case-by-case basis
  • Evaluate RFP EIT finalists through live accessibility demonstration

Place Order  

  • Include accessibility assurances in purchase agreements; add milestones to remediate accessibility gaps identified in accessibility roadmap
  • Set a calendar date to check in with vendor on accessibility improvements (e.g., annually)
Last Modified 12/17/25