| (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 state agencies 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
agency or through the department's commodity procurement contracts
for which the solicitation is issued on or after January 1, 2015,
the agency 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 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.
(c) An agency shall implement a procurement accessibility
policy, and supporting business processes and contract terms, for
making procurement decisions. An agency shall monitor the procurement
processes and contracts for accessibility compliance.
(d) This subchapter applies to EIR developed, procured,
or materially changed by an agency, or developed, procured, or materially
changed by a contractor under a contract with an agency 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 executive
director of the state agency pursuant to §2054.460, Texas Government
Code, and §213.17 of this chapter, or unless an exemption is
approved by the department, pursuant to §2054.460, Texas Government
Code, and §213.17 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 criteria of a major
information resource project (MIRP), accessibility testing shall be
documented by a knowledgeable agency staff member or third party testing
resource to validate compliance with §206.50 of this title and
this chapter.
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| Source Note: The provisions of this §213.18 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 |
