Include accessibility in the procurement process

Learn why and how to embed accessibility in your procurement process when purchasing web-based products, services or development work.

What is procurement?

Procurement covers all aspects of acquiring and delivering goods, services and works. It starts with identifying the need and finishes with either the end of a service contract or the end of the useful life and disposal of an asset. When acquiring web-based goods and services, it is important to ensure that what you’re acquiring is accessible for disabled people. This also applies when you are procuring web development work.

Why embed accessibility in procurement?

The New Zealand Government outsources a large amount of web development work, so embedding accessibility in procurement is essential.

Standards, rules and legislation require many government agencies to ensure their web content is accessible. Failure to provide accessible web content could lead to complaints of discrimination or reputational damage.

If procurement lacks appropriate checks and requirements for accessibility, it is likely that the goods or services purchased will not comply with accessibility standards. This will exclude some disabled people from interacting with that product or service.

Addressing accessibility early in procurement is the most cost-effective method to ensure accessible outcomes. Purchasing non-accessible goods or services and then paying for remediation work later is often far more difficult and expensive. In many instances, this remediation work never occurs — accessibility barriers remain within products or services for their entire lifespan.

By sending clear signals to the market when procuring, your organisation can motivate vendors to compete on how accessible their goods or services are.

Accessible procurement checklist

The Accessible procurement checklist provides 24 ways you can embed accessibility in the web procurement process. Not all parts of the checklist will apply to all situations, but it can be a useful way to identify where you can include accessibility.

Standards, rules and legislation

NZ Government Web Accessibility Standard

The NZ Government Web Accessibility Standard applies to every Public Service department and Non-Public Service department in the Executive branch. See Central government organisations — Public Service Commission for an up-to-date list of all central government organisations.

For organisations within scope of the Standard, it applies to every publicly facing website and internally facing website produced or maintained, in part or in whole, by the organisation.

This means all websites open to, or available to the public must meet the Web Accessibility Standard, as well as non-public websites that only people within an organisation can access (such as intranets, web-based HR systems and document management systems).

Government Procurement Rule 61

Government Procurement Rule 61: Web standards explains which agencies must, and which agencies should, include the NZ Government Web Standards as a pre-condition in their Notice of Procurement when outsourcing web development work.

  1. If a Public Service department, New Zealand Police or New Zealand Defence Force outsources web development work, it must include, in its Notice of Procurement, a pre-condition for the work to comply with the mandatory requirements in the latest version of the New Zealand Government web standards.
  2. Other agencies should include this pre-condition in their Notices of Procurement for web development work.
Government Procurement Rule 61: Web Standards

Note: Examples of a notice of procurement include an Advanced Notice, Registration of Interest (ROI), Request for Proposals (RFP), and Request for Quotes (RFQ).

The NZ Government Web Standards include the Web Accessibility Standard, which requires Web Content Accessibility Guidelines (WCAG) 2.1 Level AA conformance, with some exceptions.

Human Rights Act 1993

Even in instances where the NZ Government Web Standards and Government Procurement Rule 61 do not apply, in many circumstances it is still prohibited to discriminate on the basis of disability under the Human Rights Act 1993, section 21. A lack of accessibility in a product or service might lead to disability discrimination.

Regardless of what standards and rules apply to your organisation, ensuring your web procurement includes accessibility helps to protect and promote the human rights of disabled people.

Consider applying EN 301 549

EN 301 549 is a European standard for ICT accessibility. It applies to all forms of ICT, including physical ICT devices like kiosks, and non-web products such as native apps and office documents.

EN 301 549 is broader than the NZ Government Web Accessibility Standard, as the NZ Government Web Accessibility Standard only applies to web-based products and services.

When performing ICT procurement for a product or service that is not web-based, consider applying the requirements from relevant sections of EN 301 549, such as:

Download EN 301 549:

For more resources on EN 301 549, see:

Sample language for tenders and contracts

Consider the following text as a starting template for accessibility requirements in tenders and contracts with suppliers. It can be used in the procurement or development of web content, including websites, and web applications.

Note: You may need to add, remove or modify some clauses. Always work with your legal and procurement team when preparing wording for tender documents and contracts.

Example of web accessibility wording to include in tender documents and contracts

[NZ Government organisation] is legally obligated and committed to ensuring that its online products and services are accessible to disabled people, where accessibility is defined by the [current version of the NZ Government Web Accessibility Standard].

[Supplier] agrees to:

  1. deliver all applicable products and services in compliance with the [current version of the New Zealand Government Web Accessibility Standard]
  2. provide [NZ Government organisation] with its accessibility testing results and written documentation verifying accessibility: [Select the most appropriate option(s)]
    1. on [date, or before delivery of the product or service]
    2. on request from [NZ Government organisation] during the term of this contract
    3. every [x months] during the term of this contract
  3. promptly rectify instances of accessibility non-compliance in applicable products and services when notified by [NZ Government organisation], at no additional cost [during the term of this contract]
  4. indemnify and hold [NZ Government organisation] harmless against any losses, expenses, liabilities, damages, or costs resulting from any claims against it arising from inaccessibility of its online products and services. [Alternative wording: be liable for any losses, expenses, liabilities, damages, or costs that [NZ Government organisation] suffers or incurs as a result of any claim that such products or services are not accessible as defined by the [current version of the NZ Government Web Accessibility Standard]].

Additional resources

See these guides on accessible ICT procurement from other governments and organisations: