Accessibility requirements for Maryland government procurement
Maryland does not stop at requiring its own websites to be accessible — its rules reach the technology it buys, which puts a vendor's conformance report inside the requirement.
What binds a Maryland purchase
ADA Title II — WCAG 2.1 Level AA
Applies to the web content and mobile apps of every state and local government entity in Maryland, whoever built the software. Compliance dates:
- 26 April 2027 — entities serving 50,000 or more
- 26 April 2028 — entities serving under 50,000, and special district governments
Software bought today will still be in service on those dates, which is what makes this a procurement question rather than an IT one.
Section 508 — where federal funds are involved
Governs federal procurement and reaches a great deal of Maryland spending through federal funding, including most public universities. It incorporates WCAG 2.0 Level AA, and adds chapter requirements that WCAG does not cover — functional performance, software, and support documentation.
If your solicitation cites Section 508, a WCAG-edition conformance report does not answer it. The editions explained.
Maryland Nonvisual Access Clause (State Fin. & Proc. §3.5-311)
Md. Code, State Fin. & Proc. § 3.5-311; COMAR 21.05.08.05; COMAR 14.33.02
The Secretary of Information Technology maintains a nonvisual access clause for state IT procurement. COMAR 21.05.08.05 carries the mandatory clause language; COMAR 14.33.02 carries the technical standards, effective since 1 March 2005. Narrow exemptions exist where the technology is inherently visual or modification would exceed 15% of the procurement price, and a procurement officer must document them.
Read Maryland’s own pageWhat Maryland names, and what the ADA now requires
Maryland’s own standard
COMAR 14.33.02 nonvisual access standards, alongside Section 508
ADA Title II, from 26 April 2027
WCAG 2.1 Level AA
The state standard is the lower bar
A vendor can satisfy what Maryland names and still not satisfy what ADA Title II will require of you. If your solicitation cites only the Maryland rule, the conformance report you get back is scoped to the Maryland rule — and the federal gap becomes yours to close after award. Cite both.
Beyond the website
Maryland regulates the technology it buys
What the rule requires of a purchase
The clause goes into invitations for bids, requests for proposals and contracts for new or upgraded ICT. Submitting a bid warrants that the technology provides equivalent access by visual and nonvisual means; DoIT reviews conformance within 18 months of award.
Md. Code, State Fin. & Proc. § 3.5-311; COMAR 21.05.08.05; COMAR 14.33.02
Why this changes the review
A requirement that binds only your own website is satisfied by fixing your own website. A requirement that binds the purchase is satisfied by the vendor, and the only evidence you will hold is the conformance report they hand over — so whether that report is accurate stops being a technical question and becomes a contractual one.
How the review worksWhat this means when a vendor sends you a report
- Name the standard in the solicitation. The edition a vendor sends back is chosen to match what you asked for. Ask for nothing specific and you will get the edition that flatters the product.
- Ask during evaluation, not after award. Before the contract your leverage is the award itself; after it, your leverage is a change order.
- Keep the record. What you required, what the vendor disclosed, what you challenged and when. If conformance is ever questioned, that record is the useful artifact — not the software.
Section508.gov — State-level Accessibility Law and Policy does not list Maryland. The entry above was researched from Maryland’s own statute, regulation or policy page in August 2026 and links to it directly. General guidance for procurement planning, not legal advice — verify against the statute or policy that applies to your entity, and check the current status of any pending legislation named above.