How Section 508 Impacts Federal Procurement

When you think about Section 508 of the Rehabilitation Act, compliance might be the first thing that comes to mind. However, Section 508 is more than just a compliance checkbox or legal hurdle — it’s a critical gatekeeper in the federal procurement process. If you’re selling technology, software, or digital services to the United States government, it must be accessible.

Too often, Section 508 is treated as a late-stage checkbox. In reality, accessibility should be baked into the procurement process from the very beginning. Whether you’re building a new product, evaluating vendors, or responding to a government request for proposal (RFP), overlooking Section 508 can delay deals, trigger audits, or even cost you the contract. 

Below, we’ll explore what legal and procurement teams need to know to navigate Section 508 compliance confidently — and how to build accessibility into every step of the acquisition process.

But first, a quick refresher on what Section 508 is.

Section 508 in the Context of Federal Procurement

Section 508 is an amendment to the Rehabilitation Act of 1973. The law requires all information and communication technology (ICT) developed, procured, maintained, or used by U.S. government entities or federal agencies to be accessible to people with disabilities. This includes websites, software, digital documents, and other technology. The goal is to avoid undue burden in accessing information and digital services for all users, including federal employees and members of the public with disabilities. 

An important thing to note about Section 508: It’s not just a policy preference — it’s a legal obligation enforced through the Federal Acquisition Regulation (FAR), which governs how the government buys goods and services. Organizations that fail to meet Section 508 requirements can be sued by the Department of Homeland Security, the Social Security Administration, the General Services Administration (GSA), and the U.S. Department of Education.

That’s why accessibility is baked into gov procurement processes: agencies are legally required to prioritize accessibility or risk legal action. The 2017 Section 508 Refresh further strengthened these requirements by aligning them to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. The revised 508 standards made compliance standards clearer and more in line with modern accessibility best practices.

What Section 508 Compliance Looks Like During Procurement

Section 508 compliance isn’t something agencies can tack on after a contract is signed — it must be considered before a purchase is complete. Federal buyers are required to evaluate ICT products and services for accessibility at the start of the procurement process. That means vendors who ignore accessibility requirements early on risk losing out on federal government contracts entirely. 

Below are the steps agencies are expected to be Section 508 compliant: 

1. Include accessibility as a formal requirement in RFPs and contracts. Accessibility language should be included in RFPs, Statements of Work (SOWs), and procurement contracts. This ensures that vendors understand that Section 508 compliance is a core requirement. Many agencies use boilerplate language referencing applicable FAR provisions or specific WCAG standards to clearly communicate expectations. 

2. Require VPATs/ACRs for digital tools and services. One of the primary tools agencies use to assess accessibility is the Voluntary Product Accessibility Template (VPAT), which vendors complete to show how their product aligns with Section 508 standards. The completed VPAT — often called an Accessibility Conformance Report (ACR) — gives procurement teams or program managers a snapshot of a product’s accessibility strengths and gaps. Agencies may request updated VPAT or ACRs during the evaluation process or when a product has undergone a significant change.

3. Conduct accessibility reviews during the evaluation process. Procurement teams often work with Section 508 program coordinators, legal teams, or accessibility specialists to review submitted VPATs and test products directly. This can include manual testing, automated scans, and usability reviews with assistive technologies. Accessibility is weighed alongside other key procurement criteria like cost, performance, security, etc.

4. Ensure internal documentation and records are maintained. Agencies must document their Section 508 evaluations as part of the official procurement record. This includes storing VPATs, test results, decision rationales, and any exceptions or mitigation strategies. Proper documentation helps agencies demonstrate compliance during audits or legal challenges — and provides a roadmap for post-aware accessibility monitoring.

Ultimately, the scope of Section 508 is broad. But here’s a simple rule: if it touches the public or employees, it must be accessible. If a digital product or service is used by federal employees or members of the public — whether it’s a benefits portal, HR system, eLearning platform, or internal software — it must be accessible. This includes both custom-built tools and third-party services integrated into agency workflows. 

Stylized web browser with a pop-up of a bulleted list; a magnifying glass over the accessibility symbol is in the right corner. Icons of gears are faded in the background.

Vetting Vendor Accessibility: What Procurement Teams Need to Do

When evaluating vendors for Section 508 compliance, procurement teams need to be deliberate, informed, and thorough. Relying solely on promises or surface-level documentation isn’t enough. Teams should proactively verify accessibility claims, involve the right stakeholders, and set clear expectations — before contracts are signed.

Here’s how to vet a vendor’s accessibility posture effectively:

Review and Validate the VPAT

A VPAT is one of the first indicators of accessibility readiness. It outlines how the product conforms to accessibility standards. A strong VPAT will clearly map to WCAG 2.0 or 2.1 Level AA criteria (as required by the Section 508 refresh) and provide specific details about the level of support for each guideline. 

Be sure procurement teams know how to assess the depth and accuracy of this documentation — or loop in accessibility experts who can help. These documents can reveal a lot if you know what to look for. Pay attention to red flags like:

• Incomplete sections that leave out key product features or capabilities.

• Outdated WCAG standards like WCAG 1.0 or 2.0 Level A.

• Vague language such as “supports with exceptions” without additional context or explanation.

If anything feels unclear, confusing, or overly optimistic, ask questions. For example, ask for more details on vague responses or examples of past accessibility fixes. This can help you clear up confusion and better understand a vendor’s level of accessibility.

Ask for Demonstrations or Accessibility Testing

Documentation alone doesn’t guarantee compliance — ask for demonstrations. Request a product demo and be upfront that part of the evaluation will include accessibility testing. During the demo, try:

• Navigating digital content using only keyboard commands.

• Testing color contrast and zoom settings.

• Running the product with assistive technologies or screen readers.

If your team is new to accessibility or lacks internal accessibility expertise, consider involving your agency’s 508 program coordinator or using automated testing tools to flag basic issues.

Ask About Accessibility Lawsuits or Remediation Timelines

A vendor’s history in accessibility can be telling. Don’t be afraid to ask questions like:

• Have they been involved in any digital accessibility lawsuits?

• Have they had to issue significant accessibility patches or updates?

• What is their typical timeline for identifying and fixing accessibility barriers?

Remember, you’re not looking for perfection — you’re looking for awareness, transparency, accountability, and a demonstrated commitment to improving accessibility over time.

Build Accessibility into the Contract Language

Accessibility obligations shouldn’t end at the VPAT — they need to be backed by enforceable contract language. Below is some of the language that should be part of your contract:

• Ongoing accessibility obligations: Ensure the contract requires the vendor to demonstrate continued accessibility compliance as the product evolves or guidelines change.

• Timely accessibility fixes: Specify how quickly vendors must fix any accessibility barriers identified during use.

• Indemnification clauses: Consider adding language that holds the vendor responsible for damages or legal consequences that result from non-compliance.

A strong contract not only protects your agency but also reinforces to the vendor that ICT accessibility is non-negotiable for your business.

Why Accessibility-First Procurement Matters

Accessibility isn’t just a legal requirement. It’s a signal of trust, risk management, and usability. While Section 508 makes accessibility a legal requirement, forward-thinking teams understand the strategic advantage accessible solutions provide. By building accessibility into procurement from the start — asking the right questions, reviewing vendor documentation, and setting clear expectations — agencies and contracting officers avoid potential legal issues and expensive accessibility fixes later. 

Put simply, it’s about ensuring digital tools work for everyone — including those with disabilities. 

At AudioEye, we take the guesswork out of Section 508 compliance. From ensuring your own content is accessible with our three-pronged approach to accessibility to VPAT preparation and providing comprehensive legal support, AudioEye empowers you to meet federal accessibility standards with confidence. Plus, we provide up to 400% more legal protection than consulting or automation-only approaches, giving you peace of mind that your digital content is accessible and compliant. 

Ready to strengthen your Section 508 strategy and build accessibility into every part of your organization? Get started with a free accessibility scan. 

Want to see AudioEye’s capabilities first-hand? Schedule a demo today.