Purchase of Electronic and Information Resources (C-62)
Original Implementation:July 21, 2009
Last Revision: January 25, 2011
All electronic and information resources (EIR) developed, procured or changed by an institution of higher education shall comply with the standards and specifications of Chapter 206 and/or Chapter 213 of 1 TAC, Part 10 unless an exception is approved by the university president in accordance with 1 TAC, Part 10, Chapter 213, Subchapter C.
This policy does not apply to information technology that is acquired by a contractor or grantee incidental to a contract or grant, provided the technology does not become SFA property upon the completion of the contract. Nothing in this policy is intended to prevent the use of designs or technologies as alternatives to “electronic and information resources” defined herein, provided such alternative results in substantially equivalent or greater access to and use of a product for people with disabilities.
The term "electronic and information resources" as used in this policy refers to the definition in 1 TAC Part 10, Chapter 213, Subchapter A: “information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, duplication, or delivery of data or information. The term electronic and information resources includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, websites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.”
To comply with this requirement, the university will include an appropriate statement in all purchase order terms and conditions and in contracts for electronic and information resources.
If a vendor is unable to comply with the statement, and no other vendor is available to provide the EIR, and the department has a need that cannot be met with a different EIR, then the department and the procurement office will complete an “Electronic and Information Resources (EIR) Accessibility Exception Request” for review by the university general counsel and approval by the president.
Cross Reference: Tex. Gov’t Code §§ 2054.451-465; 1 Tex. Admin. Code § 206; 1 Tex. Admin. Code § 213 ; Electronic Accessibility (F-44)
Responsible for Implementation: President
Contact for Revision: Director of Procurement and Property Services/HUB Coordinator
Forms: Electronic and Information Resources (EIR) Accessibility Exception Request
Board Committee Assignment: Finance and Audit