The legal basis in EU law
Article 42(1) of Directive 2014/24/EU on public procurement covers technical specifications. For all procurement intended for use by natural persons, whether the general public or staff, the specifications must, except in duly justified cases, take into account accessibility criteria for persons with disabilities or design for all users.
Where mandatory accessibility requirements are set by a Union legal act, the specifications must refer to them. Each Member State has transposed this into national law; in Germany, for example, it is § 121(2) of the Act against Restraints of Competition (GWB).
The technical yardstick: EN 301 549 and WCAG
The harmonised European standard EN 301 549 (V3.2.1) sets accessibility requirements for ICT. For web content it refers to WCAG 2.1 Level AA; separate clauses cover software, documents and hardware.
We recommend asking for WCAG 2.2 Level AA. It includes every WCAG 2.1 AA criterion and adds six more, such as minimum target size (2.5.8 Target Size (Minimum)) and focus not obscured (2.4.11 Focus Not Obscured (Minimum)). Your project stays current as the standard evolves.
How to write the requirements
- Standard: “All web content meets WCAG 2.2 Level AA, with reference to EN 301 549 V3.2.1.”
- Scope: which pages, templates, user journeys and PDF documents? Logged-in areas too?
- Timing: accessibility applies at acceptance, not “in a later phase”.
- Evidence: a test report following WCAG-EM with a decision on every criterion, a draft accessibility statement and a screen-reader test.
- Re-test: the supplier fixes issues within a set period, then the work is tested again.
- Operation: new content and updates during the contract must meet the same requirements.
Questions to ask bidders
- How do you build accessibility in during development, not just at the end?
- Who tests, with which method and which assistive technologies?
- Can you share a test report from a comparable project?
- How do you keep content added later by editors accessible?
- Do you use an overlay widget? If so, it is no substitute for an accessible build (see our overlay guide).
At acceptance
Have the delivered state tested independently. An automated scan gives a quick first picture but cannot replace human testing, because many criteria cannot be measured. A certificate with a public verification page records scope, standard and test date. It confirms the technical state, not that you have met your legal duties. More in what a certificate means.
Frequently asked questions
Is “must be accessible” enough in a tender?
Be specific: standard, version, level, scope and the kind of evidence. Otherwise it is hard to decide at acceptance whether the requirement has been met.
Can I require a specific certificate?
Whether you may require specific evidence is a procurement-law question for your legal team. A common approach is to ask for a test report or equivalent evidence.
Do PDFs count?
Yes, if they are part of the delivery. List them in the scope. See our {page:gPdf|guide to accessible PDFs}.
Sources
How does your website do?
The free check tests your home page in two minutes. The audit decides all 55 criteria, by a person.