Purchase of Electronic and Information Resources (C-62)
Original Implementation:July 21, 2009
Last Revision: None
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.
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, is not information technology.
To comply with this requirement, the university will include the following statement on all purchase orders and contracts for the electronic and information resources: Contractor represents and warrants (the “Electronic and Information Resources (EIR) Accessibility Warranty”) that the electronic and information resources and all associated information, documentation and support that it provides to the university under the agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code). To the extent contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then contractor represents and warrants that it will, at no cost to the university, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event the contractor fails or is unable to do so, then the university may terminate the agreement and contractor will refund to the university all amounts the university has paid under the agreement within thirty (30) days after the termination date.
If a vendor is unable to comply with this 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.
Responsible for Implementation: President
Contact for Revision: Director of Procurement and Property Services/HUB Coordinator
Forms: Electronic and Information Resources (EIR) Accessibility Exception Request