Procurement Language for Accessible Document Services

Procurement language shapes the entire vendor relationship. Vague requirements produce vague deliverables. When a contract says "vendor shall ensure document accessibility" without defining what accessibility means, what standard it maps to, how conformance is measured, or what happens when defects are found, both parties are set up for disputes.

Document accessibility services have unique procurement characteristics that differ from standard SaaS or professional services contracts. The deliverable is not just a completed file. It is a conformant, versioned, editable document with a defined quality standard, a post-delivery support commitment, and data portability guarantees. Procurement language must address all of these dimensions.

Federal agencies purchasing under Section 508 have explicit requirements to include accessibility provisions in ICT procurement. GSA provides guidance on incorporating Section 508 into contracts, but many procurement teams still use generic language that fails to capture the operational specifics of document accessibility services. Strong procurement language protects both the buyer and the vendor by creating shared expectations.

Invest time in procurement language upfront. Fixing a bad contract costs significantly more than writing a good one. Engage your accessibility team, legal counsel, and operational stakeholders in drafting requirements so the resulting contract reflects actual needs rather than procurement template defaults.

Separate one-time conversion charges from recurring workspace or maintenance fees. One-time charges should be tied to specific deliverables (converted documents accepted through quality gates). Recurring charges should be tied to specific services (workspace hosting, ongoing editing capability, support access, version history maintenance). Bundled pricing obscures cost allocation and creates disputes during audits.

Define billing trigger events precisely. When does the one-time conversion fee become payable? Upon handoff? Upon acceptance? After a defined review window? Each option has different risk implications. Payment upon handoff incentivizes delivery speed. Payment upon acceptance incentivizes quality. Payment after a review window provides the buyer protection but may create cash flow challenges for the vendor.

Include provisions for scope changes, rush surcharges, and volume discounts. Document accessibility projects frequently encounter scope expansion when source documents are more complex than initially assessed. Define how scope changes are communicated, priced, and approved to prevent mid-project billing disputes.

Specify contract term, renewal conditions, and rate change provisions. Multi-year contracts with annual rate escalation caps provide cost predictability. Month-to-month arrangements provide flexibility but may result in higher per-document costs. Match the contract term to your program maturity and volume predictability.

Quality terms are the most important and most frequently under-specified section of document accessibility procurement. Define the accessibility standard (WCAG 2.2 AA is the most common baseline), the validation methodology (automated plus manual testing), and the specific acceptance criteria that converted documents must meet.

Require the vendor to provide a conformance report for each delivered document. The report should list every WCAG success criterion evaluated, the result (pass, fail, not applicable), and the testing methodology used. A conformance report creates accountability and enables the buyer to verify quality claims.

Define defect severity levels and resolution timelines. A critical defect (content inaccessible to screen readers) should have a shorter resolution SLA than a minor defect (suboptimal heading structure that does not prevent access). Include provisions for recurring defects: if the same defect type appears in more than a defined percentage of deliverables, the vendor must implement a process correction and provide evidence of the fix.

Specify an acceptance review window (typically five to ten business days) during which the buyer can verify deliverable quality and request revisions. After the acceptance window closes without rejection, the deliverable is deemed accepted. This creates a clean handoff point for billing and post-delivery support transitions.

Include provisions for independent quality audits. The buyer should retain the right to engage a third-party accessibility auditor to verify vendor deliverables at any time. This right creates accountability incentive even if never exercised.

SLA terms translate quality commitments into measurable, enforceable obligations. Define SLAs for: request acknowledgment time, conversion turnaround time by complexity tier, quality gate pass rate, support response time by severity, and defect resolution time. Each SLA should have a specific metric, a target value, a measurement method, and a consequence for non-compliance.

SLA consequences should be proportionate and operational, not punitive. Common approaches include service credits for missed turnaround targets, expedited resolution for quality failures, and contract review triggers for sustained non-compliance. Avoid SLA structures that incentivize the vendor to dispute measurements rather than improve performance.

Include SLA reporting requirements. The vendor should provide monthly SLA performance reports showing actual values against targets for each SLA metric. Reports should include root-cause analysis for any missed targets and corrective action plans. Without regular reporting, SLA terms exist only on paper.

Define SLA exclusion periods for planned maintenance, force majeure events, and buyer-caused delays. If the buyer takes three weeks to complete acceptance review, that delay should not count against the vendor's turnaround SLA. Fair SLA structures produce cooperative vendor relationships.

All source documents and converted deliverables remain the intellectual property of the buyer. This should be stated explicitly in the contract. The vendor retains no ownership rights, reproduction rights, or derivative use rights over buyer content.

Define data export capabilities and formats. The buyer should be able to export all documents, version histories, and associated metadata in standard, open formats at any time during the contract term. Exports should not require vendor assistance or incur additional fees.

Specify data retention and deletion policies. After contract termination, the vendor should retain buyer data for a defined transition period (typically 30 to 90 days) and then permanently delete all copies. The vendor should provide written certification of deletion upon request.

Address data security requirements including encryption at rest and in transit, access controls, breach notification procedures, and compliance with applicable data protection regulations. Document content may include sensitive information, and procurement language should ensure appropriate protection throughout the vendor relationship.

Exit terms are the most commonly neglected section in document accessibility procurement, and the most painful to negotiate after the fact. Define exit provisions before signing, when both parties have equal negotiating leverage.

The exit package should include: all converted documents in their current version, complete version history in a standard format, all source documents, associated metadata and conformance reports, and a hosted mirror of published documents for a defined continuity period (typically 30 to 60 days). Specify the format and delivery method for each component.

Define the exit timeline and any associated costs. A reasonable exit provision allows the buyer to initiate offboarding with 30 days notice, receive the complete export package within 15 business days, and maintain hosted access for the defined continuity period. Exit fees, if any, should be defined in advance and capped at a reasonable amount.

Include provisions for vendor-initiated termination. If the vendor decides to discontinue the service, the buyer should receive extended notice (90 to 180 days), migration assistance, and the same export package at no additional cost. The vendor should not be able to hold buyer data hostage during a termination dispute.