Common questions from agencies and dev shops
If our client carries the legal obligation, why is this our problem?
Title II liability sits with the public entity, not the contractor.
The pressure on your team comes from the procurement and contractual
side. RFPs increasingly require a stated conformance level,
contracts include WCAG 2.1 AA warranties, and renewals are easier
when you can point at the evidence trail. A client whose site fails
a complaint or DOJ review will look at the vendor who shipped it,
even if the legal letter is addressed to them.
What evidence does our client's accessibility coordinator actually
need?
Most coordinators want three things: a stated conformance level
(WCAG 2.1 AA), a remediation log showing what's been fixed since
launch, and a regression policy that catches new issues before users
complain. The exportable PDF report A11y Pulse generates covers the
first two on demand, and the daily scan history backs the third.
Does this affect existing contracts or only new procurement?
The DOJ rule applies to the web content the government makes
available as of the compliance date, not to the contract under which
it was built. Sites you shipped two years ago need to meet WCAG 2.1
AA by the same April 2027 or 2028 date as anything new, so legacy
projects still under maintenance carry the same exposure as new
ones.
What about subcontractors and flow-down clauses?
Government contracts increasingly include flow-down clauses
requiring the same WCAG 2.1 AA conformance from subcontractors
touching the site. If you outsource front-end work or use a
third-party CMS implementer, the practical answer is to put the same
monitoring across whatever they ship and treat the scan dashboard as
the shared source of truth on conformance.
Do automated scans satisfy the requirement on their own?
No. Automated scanners catch roughly 30 to 50 percent of WCAG
issues, including the most common ones (colour contrast, missing
labels, alt text, keyboard focus). The rest need human judgement.
Most accessibility coordinators are fine with automated daily
coverage as the backbone and periodic manual review for the
remainder. A11y Pulse pairs cleanly with whichever audit partner
your client already has, and the PDF reports work as the input they
audit against.
What happens at the compliance deadline if we're not there yet?
Non-conformance after the deadline doesn't trigger automatic fines.
It opens the door to DOJ enforcement and to ADA complaints from
members of the public, which is what most government clients are
trying to avoid. The realistic risk for an agency is a renewal or
recompete that asks for evidence you don't have, or a complaint the
client traces back to the site you delivered.