Pillar 1: Procure

We recognize the importance of finding the most accessible EIR when purchasing, developing, maintaining, or using EIR for university business.

Scope

Scope includes all electronic and information resources (EIR) purchased, developed, or maintained, and/or used, to conduct university business, where

a user interface is present (e.g. website, mobile app, desktop computer) or
the EIR is in the form of electronic document(s) (e.g. online subscription database, online textbook, PDF documents).

Scope is not limited by:

Cost: Even free (or $0.00) EIR shall be reviewed for accessibility compliance.
Number of users: Even if one individual is using the EIR, it shall be reviewed for accessibility compliance.

EIR that was purchase before an accessibility review will be triaged in order to comply with TAC 213. EIR that already has an exception due to non-compliance that is approaching renewal will also be triaged.

Compliance Standards for Procurement

To comply with TAC 213, TAMU-CC must perform an accessibility review of EIR. Two main results or determinations will occur:

Compliant: Accessibility documentation meets accessibility standards or EIR falls under a Texas DIR exemption or Texas Government Code exception. No additional approvals are required, unless a contract is under review.
Exception: Accessibility documentation does not meet accessibility standards or is missing/unavailable. The requesting individual must file an EIRA Exception Request form that is approved by the president or their delegate. If a contract is present, it must also be reviewed.

Accessibility Review

The EIRAC must be informed of all procurements through a work intake process that provides information on the EIR requested.

In order to process the accessibility review of the EIR, the intake process should provide the EIRAC with (at minimum):

Requester’s contact information to clarify information
A description of the EIR (i.e. business impact, strategic goals, purpose)
The cost of the EIR in total for a project or annual subscription
The audience(s) using the EIR who would be at risk if they have a disability now or in the future
The operational scope of the EIR, including public/internal access and traffic
Vendor’s contact information to request accessibility documentation and clarification (e.g. technical staff, accessibility staff)

This information will allow the EIRAC to calculate the Risk Factor for triage purposes.

Accessibility Documentation

Depending on the relationship with the vendor, the EIRAC or requester of the EIR may contact the vendor requesting accessibility documentation. Note that for internal development or projects, the same concerns shall be addressed.

Accessibility documentation depends on the type of request (as defined in TAC §213.38):

Commercial off-the-shelf (COTS) product: A completed accessibility rubric in the form of a Voluntary Product Accessibility Template (VPAT) or Accessibility Conformance Report (ACR). Areas to complete depend on the EIR type:
- WCAG 2.0 Report (required)
  - Table 1: Success Criteria, Level A
  - Table 2: Success Criteria, Level AA
- Revised Section 508 Report (required for EIR that is not a website or is in addition to a website)
  - Functional Performance Criteria (FPC) (required)
  - Chapter 4: Hardware (optional: for desktop computers, printers, telephones, and other hardware)
  - Chapter 5: Software (optional: for web, mobile, or desktop apps)
  - Chapter 6: Support Documentation and Services (required)
EIR Development Services: A completed questionnaire that may include:
- processes integrating ICT accessibility activities (e.g. product development, procurement, human resource hiring)
- skills and training resources used or procured to develop or accessible ICT
- development and testing tools (e.g. testing scenarios and results)
- remediation processes (e.g. documenting, tracking, resolving)
- alternate accommodations for non-compliant products (e.g. 24/7 toll-free support number)
- examples of websites or other ICT work produced by the vendor that meet accessibility standards

Exception Filing

Determination

The EIRAC determines if the EIR or development services are non-compliant. Priority review will escalate beyond risk factor calculations based on

ADA accommodations requests or complaints
noted lawsuits and court rulings
requests from System IT governance committees, taskforces, etc.

If the requester wants to proceed despite non-compliance, an exception shall be filed before procurement (or via triage after procurement).

Responsibility

The requester (individual with knowledge of the EIR and reason for choosing the EIR) shall fill out the EIRA Exception Request form, with assistance from the EIRAC as needed. Where the IT repository provides the answers to most of the questions, the EIRAC will direct the requester to that information or ask the requester that it be updated with current information.

Exception Request Requirements

The EIRA Exception Request is now a part of the IT Policy Exception Request form.

Approval Workflow

The EIRAC and/or CIO will assist in the review of the exception form. TAC 213 does not require any other official approvals except from the president.

Delegation

Per 29.01.04, Accessibility of Electronic and Information Resources, each exception must be approved by the president or the president’s delegate. The delegate must be informed this “is not a bureaucratic formality but a real decision with some associated risk,” and make decisions based on the balance between business impact and liability risk which shall be provided in the exception form by the requester.

Transition

If the EIR is not approved, a transition plan should be in place to change to another EIR or provide alternative accommodations, like a business continuity plan. Communication plans regarding transitions are the responsibility of the requester or the requester’s department to implement, with guidance as needed from IT or Marketing and Communications.

Contract Review

Where EIR COTS and/or development services include a contract, the EIRAC works with Contract Administration to ensure the university is protected.