1. (1) The office of information technology shall approve minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual or other disability access uses.
2. (2) Nothing in this article 85 requires the installation of software or peripheral devices used for accessibility for an individual with a disability when the information technology is being used by individuals who are not disabled. Nothing in this article 85 requires the purchase of adaptive equipment by a state agency.
3. (3) Notwithstanding subsection (2) of this section, the applications, programs, and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of and be compatible with software and peripheral devices that provide accessibility to an individual with a disability.
4. (4) Compliance with the procurement requirements of this section must be achieved at the time of procurement of an upgrade or replacement of existing information technology equipment or software.

5. (5)

   1. (a) As used in this subsection (5), unless the context otherwise requires:

      1. (I) Contractor means any person having a contract or agreement with a state agency or public entity, excluding another Colorado state agency, public entity, or employee thereof.
      2. (II) Public entity has the same meaning set forth in section 24-34-301.

   2. (b)

      1. (I) A contract or agreement that is entered into between a state agency or public entity and a contractor must include provisions provided in subsection (5)(c) of this section, and if such provisions are omitted, the contract or agreement is deemed to include provisions provided in subsection (5)(c) of this section, if the primary purpose of the contract is to acquire supplies or services, construction, or the disposal of supplies for the benefit of the state agency or public entity.
      2. (II) Notwithstanding subsection (5)(b)(I) of this section, this subsection (5) does not apply to public school contracts described in section 22-1-135, or contracts or agreements for professional services as defined in section 24-30-1402.

   3. (c)

      1. (I) The contractor shall comply with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
      2. (II) The contractor shall indemnify, 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, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the state agency or public entity in relation to the contractor's noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
   4. (d) The state agency or public entity may require that the contractor's compliance with accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103 is determined and attested to by a qualified third party selected by the state agency or public entity.

Source: L. 2000: Entire article added, p. 1505, § 1, effective August 2. L. 2007: (1) amended, p. 917, § 18, effective May 17. L. 2021: Entire section amended, (HB 21-1110), ch. 402, p. 2678, § 6, effective June 30. L. 2025: (5) added, (HB 25-1152), ch. 246, p. 1240, § 2, effective August 6.

Editor's note: Section 3 of chapter 246 (HB 25-1152), Session Laws of Colorado 2025, provides that the act changing this section applies to contracts or agreements entered into, amended, or renewed on or after August 6, 2025.

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