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TITLE 1ADMINISTRATION
PART 10DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 213ELECTRONIC AND INFORMATION RESOURCES
SUBCHAPTER CACCESSIBILITY STANDARDS FOR INSTITUTIONS OF HIGHER EDUCATION
RULE §213.38Procurements

(a) The department, in establishing commodity procurement contracts, for which the solicitation is issued on or after January 1, 2015, shall obtain and make available to institutions of higher education all that apply:

  (1) accessibility information for products or services, where applicable, through one of the following methods:

    (A) the URL to completed Voluntary Product Accessibility Templates (VPATs) or equivalent reporting templates;

    (B) accessible electronic documents that address the same accessibility criteria in substantively the same format as VPATs or equivalent reporting templates; or

    (C) the URL to a web page which explains how to request completed VPATs, or equivalent reporting templates, for any products under contract;

  (2) credible evidence of the vendor's capability or ability to produce accessible EIR products and services. Such evidence may include, but is not limited to, a vendor's internal accessibility policy documents, contractual warranties for accessibility, accessibility testing documents, and examples of prior work results.

(b) For the procurement of EIR made directly by an institution of higher education or through the department's commodity procurement contracts for which the solicitation is issued on or after January 1, 2015, the institution shall require a vendor to provide all that apply:

  (1) accessibility information for the purchased products or services, where applicable, through one of the following methods:

    (A) the URL to completed VPATs or equivalent reporting templates;

    (B) an accessible electronic document that addresses the same accessibility criteria in substantially the same format as VPATs or equivalent reporting templates; or

    (C) The URL to a web page which explains how to request completed VPATs, or equivalent reporting templates, for any product under contract;

  (2) credible evidence of the vendor's capability or ability to produce accessible EIR products and services. Such evidence may include, but is not limited to, a vendor's internal accessibility policy documents, contractual warranties for accessibility, accessibility testing documents, and examples of prior work results.

(c) An institution of higher education shall implement a procurement accessibility policy, and supporting business processes and contract terms, for making procurement decisions. The institution of higher education shall monitor the procurement processes and contracts for accessibility compliance.

(d) This subchapter applies to EIR developed, procured, or materially changed by an institution of higher education, or developed, procured, or materially changed by a contractor under a contract with an institution of higher education which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.

(e) Unless an exception is approved by the president or chancellor of an institution of higher education pursuant to §2054.460, Texas Government Code, and §213.37 of this chapter, or unless an exemption is approved by the department, pursuant to §2054.460, Texas Government Code, and §213.37 of this chapter, all EIR products developed, procured or materially changed through a procured services contract, and all electronic and information resource services provided through hosted or managed services contracts, shall comply with the provisions of Chapter 206 and Chapter 213 of this title, as applicable.

(f) Nothing in this subchapter is intended to prevent the use of designs or technologies as alternatives to those prescribed in this subchapter provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

(g) For projects which meet the following criteria, accessibility testing shall be documented by a knowledgeable institution of higher education staff member or third party testing resource to validate compliance with §206.70 of this title and this chapter any information resources technology project whose development costs exceed $1 million and that:

  (1) requires one year or longer to reach operations status;

  (2) involves more than one institution of higher education or state agency; or

  (3) substantially alters work methods of institution of higher education or agency personnel or the delivery of services to clients.


Source Note: The provisions of this §213.38 adopted to be effective September 16, 2008, 33 TexReg 7744; amended to be effective November 17, 2009, 34 TexReg 8027; amended to be effective September 18, 2014, 39 TexReg 7565

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