Accessibility and State Contracts, Grants and Other Agreements - Templates and Terms

This includes policies for Templates and for Terms.

State Controller Policy - Templates

Effective Date:12/1/2024

Updated: 7/31/2025; 8/26/25

Approved by: Robert Jaros, CPA, MBA, JD, Colorado State Controller

Authority

• §24-30-202(1), C.R.S. (State Controller Authority for Commitment Vouchers)
• §24-85-101 et seq. C.R.S. Accessibility Standards
• 8 CCR 1501-11 Governor’s Office of Information Technology Accessibility Rules
• World Wide Web Consortium, Web Content Accessibility Guidelines (WCAG)

Background

• Overall - The Office of Information Technology (OIT) has statutory authority in 4-85-101 C.R.S. to establish statewide accessibility standards. OIT’s rules establish standards for technology accessibility.
• Accessible – Accessible is defined as fully compliant with all applicable success criteria of the Web Content Accessibility Guidelines (WCAG) version and levels required or defined by OIT’s Technology Accessibility Standards.
• Contract and Grant Templates - This policy concerns accessibility for contract and grant templates.  Currently, an accessible Microsoft Word document that is converted to Google Docs or other software can become inaccessible. 

Policy - Templates

• The Office of the State Controller (OSC) shall create and distribute accessible contract, grant, and modification templates in Microsoft Word format.
• Any contract, grant, or modification executed after December 1, 2024 must use the OSC template, and where an accessible OSC template exists, must be accessible.
• Agencies shall use the most recent version of a template from the OSC’s website for each new contract, grant, modification or other agreement.
• Agencies shall not modify OSC templates without prior written approval of the OSC.
• Agencies shall convert all documents in their final state to Microsoft Word or PDF format prior to submission to the OSC for final approval. All documents submitted to the OSC, including completed templates, exhibits, statements of work, and similar documents, must comply with 8 CCR 1501-11 Technology Accessibility Rules.
• Agencies may continue to use agency-specific templates approved by the OSC.
• Agencies shall have responsibility to remediate their agency specific templates as well as other documents included with the contract such as a statement of work.
• Agencies should use Microsoft Word for all contract modifications unless a technical, operational, or other significant barrier requires the use of alternative word processing solutions.
• Agencies shall not change the OSC templates, including updating them for accessibility, without the written approval of the OSC.
• Agencies are solely responsible for ensuring that their documents comply with 8 CCR 1501-11 Technology Accessibility Rules.

Policy – Terms

Authority

• § 24-30-202(1), C.R.S. (State Controller Authority for Commitment Vouchers)
• § 24-85-101, et seq., C.R.S. Accessibility Standards
• 8 CCR 1501-11 Governor’s Office of Information Technology Rules Establishing Technology Accessibility Standards

Background

The Office of Information Technology (OIT) has statutory authority in § 24-85-103, C.R.S. to establish statewide accessibility standards. OIT has created rules establishing standards for technology accessibility pursuant to § 24-37.5-106(4), C.R.S.

• Pursuant to C.R.S. § 24-85-103 and C.R.S.  §24-34-802(1), all public entities are required to comply with OIT’s rules establishing accessibility standards for technology.
• HB 25-1152 requires the contractor to comply with the accessibility standards adopted by the Office of Information Technology and requires that the contractor shall indemnify the State agency in relation to the contractor’s noncompliance with the accessibility standards.  HB 25-1152 mandates that these terms be in the contract or agreement with the State. 

Effective Date

• This policy is effective as of August 6, 2025.

Policy - Terms

• Applicability of 8 CCR 1501-11, Rules Establishing Technology Accessibility Standards and State Contracts, Grants, and Other Agreements.
• The Rules Establishing Technology Accessibility Standards apply to all Information and Communication Technology (ICT) that is in active use that is public-facing or internal-facing that the public entity provides or makes available directly or through contractual, licensing, or other arrangements unless exempted by rule or statute. (Rules Establishing Technology Accessibility Standards 11.2.C and 11.7).
  • Applicability to Contracts, Grants, and Other Agreements
  • This policy applies to:
    • All contracts, grants, and other agreements that are entered into, amended, or renewed, including by Option Letter, with a contractor (as defined in §24-85-104, C.R.S.) on or after the effective date of HB 25-1152 and this policy.  Other agreements include purchase orders and other forms of commitment vouchers. This includes those that do not involve ICT if the primary purpose is to acquire supplies or services, construction, or the disposal of supplies for the benefit of the State agency or public entity.  Applies to IT products, Software as a Service (SaaS), work product, goods, maintenance and support services.
      •    All contracts, grants, and other agreements with a contractor (as defined in §24-85-104, C.R.S.) executed prior to the effective date of this policy which include the accessibility language from the Office of the State Controller contract and grant templates as posted on July 1, 2022 or after, unchanged, will be deemed to comply with this policy.
  • Accessibility Terms
    • State agencies shall include the following terms in contracts, grants, and other agreements that are new, amended, or renewed, including by Option Letter, on or after the effective date of this policy:
      • Accessibility Standards.  The contractor/grantee shall comply with the Accessibility Standards for an Individual with a Disability adopted by the Office of Information Technology pursuant to § 24-85-103, C.R.S.
      • Testing.  The State agency or public entity may require that the contractor’s/grantee’s compliance with Accessibility Standards for an Individual with a Disability adopted by the Office of Information Technology pursuant to §24-85-103, C.R.S. is determined and tested by a qualified third party selected by the State agency or public entity.  The State agency may ask the contractor/grantee to review the selection of the third party. Contractor shall be responsible for all costs associated with the third-party vendor’s assessment. If Contractor is not in compliance as determined by the third—party vendor, at the State’s request and at the State’s direction, Contractor shall promptly take all necessary actions to come into compliance using a State-approved vendor, at no additional cost to the State.
      • Accessibility Indemnification. The contractor/grantee shall indemnify, save, hold harmless, and assume liability on behalf of the State Agency or public entity, and the State agency’s or public entity’s officers, employees, and agents, and assignees (collectively, the “Indemnified Parties”), for any and all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and other amounts incurred by any of the Indemnified Parties in relation to contractor/grantee’s noncompliance with § 24-85-101, et seq., C.R.S., or the Accessibility Standards for an Individual with a Disability, as adopted by the Office of Information Technology pursuant to § 24-85-103, C.R.S.
    • Contractor’s/grantee’s refusal to agree to accessibility terms.
      • If the contractor/grantee refuses to agree to the accessibility terms or has requested changes to the template language and the contractor/grantee provides a product that is essential to State operations, but the product is inaccessible, the State agency shall contact the Office of the State Controller to determine how to proceed.  The Office of the State Controller may consult with the Office of the Attorney General in these situations.