CAN-ASC-4.1 Accessible Procurement
10. General requirements
Information
Table of contents
Technical committee members
- Andrea Zervos (Chairperson), Manager, Public Services and Procurement Canada
- Gilles LeVasseur(Vice Chair), President, Federal Court Challenge Program
- Cheryl Stacey, retired, former public servant
- Harry Lew, Manager of Research and Development, Neil Squire Society
- Martin Chénier, Président, Procurement Alliance of Canada
- Brytani McLeod, NorQuest College - ACT! Consulting, Incluion & Accessibility Consultant, Career Coach
- Katya Pereyaslavska, Associate Librarian, Western University
- Hilton Schwartz, National Board Member, Alliance for Equality for Blind Canadians
- Elizabeth (Liz) Laidlaw, Director, Accessibility Office, Workplace Safety and Insurance Board (WSIB) Ontario
- Sarah Anne Hrycenko, Procurement Advisor, Procurement Assistance Canada: Public Service and Procurement Canada
- Diane Morrell, Accessibility Coordinator, City of Sault Ste. Marie
- Jeffrey Panasuik, Executive Director S5 Dynamic Learning Initiative
- Audrey, Beauchamp, Directrice générale, Services linguistiques CB
- Cynthia Benoit, Présidente, Eversa
- Amy Ross, Accessibility Advocate, City of Waterloo
10.1 Policies and procedures
Procurement policies and procedures shall:
- provide the following requirements on accessibility, that shall be considered throughout a procurement regardless of dollar value; and
- be flexible and person-centred, recognizing that accessibility needs vary.
10.1.1 Incorporating accessibility
Policies and procedures shall state that accessibility requirements:
- be included throughout the procurement process including:
- all phases of procurement (planning, bidding and contract award, and contract management and closeout); and
- any competitive or non-competitive solicitation and resulting method of supply such as contracts, standing offers, or supply arrangements;
- be included in the specifications for the procurement of goods and services including:
- developing evaluation criteria and throughout the evaluation process;
- identifying testing requirements at the solicitation and contract phase;
- developing solicitation and contract documents; and
- delivering industry engagement activities; and
- when accessibility requirements are not included in the specifications for a procurement, a mandatory written justification complying with Clause 10.1.4 shall be provided.
10.1.2 Roles and responsibilities
Policies and procedures shall outline roles and responsibilities for clients and procurement professionals when defining the requirements of the procurement including:
- the responsibility of the client to:
- comply with the policies and procedures identified in Clause 10.1.1;
- include accessibility requirements when specifying criteria for goods and services procured;
- include technical evaluation criteria to assess the bidder’s capacity to deliver against accessibility specifications;
- verify that contract deliverables incorporated accessibility requirements as defined in the solicitation; and
- provide a mandatory written justification complying with Clause 10.1.4 when accessibility requirements are not included in the specifications for a procurement; and
- the responsibility of the procurement professional to:
- when applicable, advise the client of their responsibility to include accessibility requirements in the specifications for the goods and services being procured;
Note: Item b) i) of this Clause applies to the procurement professional if they are responsible for creating and defining the requirements for a method of supply such as a supply arrangement or standing offer. - assist the client by identifying subject matter experts and relevant resources that can help to develop accessibility requirements;
- when applicable, play a challenge function when clients have not included accessibility requirements in the procurement; and
- when accessibility requirements are not included in the specifications for a procurement, verify that a mandatory written justification complying with Clause 10.1.4 is provided.
- when applicable, advise the client of their responsibility to include accessibility requirements in the specifications for the goods and services being procured;
10.1.3 Defining requirements
10.1.3.1 General
Flexibility in the procurement strategy shall provide an opportunity to integrate accessibility requirements into a procurement instead of excluding it.
10.1.3.2 Flexible procurement requirements
Procurement policies shall specify that clients adopt a flexible approach to meeting accessibility requirements when conformance at the time of solicitation closing is not possible.
Note: An example of applying a flexible approach is for the purchase of a commercial, off-the-shelf solution that does not meet accessibility standards at contract award.
- The contractor shall provide a roadmap (a plan) in an accessible format that will include details on how they will remediate their solution to conform with the applicable standard over a timeframe set out in the contract.
Note: The roadmap should provide sufficient detail to allow the client to monitor the progress towards delivering a conformant solution. - At the request of the client and in addition to the roadmap, the contractor shall provide methods of remediation to end users when accessibility barriers are reported during the remediation period.
- The remediation shall be agreed upon by all parties.
10.1.4 Mandatory justification for excluding accessibility
10.1.4.1 Justification
Procurement policies shall:
- require a mandatory written justification from clients if accessibility requirements were excluded from the procurement. It is not sufficient to state that accessibility was “not appropriate” or “not applicable”;
- provide the reasons why accessibility requirements were not included in the procurement and provide information on the decision-making process to exclude accessibility requirements, including the following activities, if applicable:
- consulting with end users, including people with disabilities, to determine the functionality of the good, service or construction;
- identifying accessibility standards, guidelines, and best practices;
- consulting with subject matter experts;
- engaging with industry to determine market capacity;
- developing a flexible procurement approach complying with Clause 10.1.3; and
- conducting a risk assessment for not including accessibility; and
- be signed by the client with the delegated responsibility and kept on the procurement file.
Note 1: Discretion must be used when determining the reasons why accessibility requirements might not be applicable. For example, there is a difference in the reasons why accessibility is not applicable for a procurement looking to acquire construction materials as compared to a procurement looking to implement a new human resource platform for employees.
Note 2: An example of such a justification form can be found at the link: https://www.canada.ca/en/public-services-procurement/services/acquisitions/temporary-help/templates-for-federal-department-clients/accessibility-criteria-procurement-justification-form.html
10.1.4.2 Confirmation of justification
If accessibility requirements are excluded, procurement professionals shall confirm that the client has provided a written justification complying with Clause 10.1.4.1.