Overview
OSD did not ensure that all contracts that public buyers posted to COMMBUYS had a language tag. Specifically, we determined that 57 of the 71 attached contract forms that we tested did not have language tags.
Readers who are visually impaired may be unable to use screen readers or other accessibility tools to read these documents if the documents do not have a language tag. In addition, without a language tag, a webpage translator cannot always identify the language in which the content is written, which could prevent it from accurately translating content into another language.
Authoritative Guidance
The IT Accessibility Standards section of EOTSS’s Enterprise Information Technology Accessibility Policy states,
1. a. Accessibility of electronic content, applications, or services must be measured with one or more of the applicable following technical standards.
i. Web and desktop applications, multimedia content, electronic documents: Web Content Accessibility Guidelines 2.1 (WCAG), level A and AA Guidelines.
The Web Accessibility Initiative’s WCAG 2.1 state,
Success Criterion 3.1.1 Language of Page
(Level A)
The default human language of each Web page can be programmatically determined.
Success Criterion 3.1.2 Language of Parts
(Level AA)
The human language of each passage or phrase in the content can be programmatically determined except for proper names, technical terms, words of indeterminate language, and words or phrases that have become part of the vernacular of the immediately surrounding text.
Reasons for Issues
OSD has not established criteria and user guides that include accessibility requirements for attached contract forms.
Recommendations
1. OSD should ensure that all attached contract forms have a language tag.
2. OSD should establish criteria and user guides that include accessibility requirements for attached contract forms.
Auditee’s Response
As the draft report notes, COMMBUYS is used by numerous state and local entities to post procurement bids and contract documents. Documents posted by other entities are records of those entities and OSD is not responsible for monitoring those records for compliance with accessibility standards. OSD respectfully asks [the Office of the State Auditor] to identify any non-compliant documents it identified that were posted by OSD so that OSD may correct those issues. OSD will incorporate into its training materials notices to COMMBUYS users that they should review their documents for compliance with applicable accessibility standards including use of language tags.
Auditor’s Reply
As part of our testing, we examined 71 standard contract forms, 9 of which were posted by OSD; 7 of those 9 did not have language tags. We provided the information related to these 7 forms to OSD (specifically, the signed forms for Eastern Communications, Haywood Associates, Infrastructure Ltd., Joe Warren and Sons Co. Inc., Royal Steam Heater Company, and Webb, as well as the interim form for Webb).
We agree that updated training material notices for COMMBUYS users will increase compliance with applicable accessibility standards. In addition to updating training materials, OSD should implement controls to ensure that materials posted by both OSD and COMMBUYS users comply with EOTSS accessibility standards. We further recommend that OSD periodically review these materials to ensure that they meet OSD’s standards and applicable legal requirements.
| Date published: | April 25, 2024 |
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