<p>Procurement & Support Services Desktop Procedure No. 02 Purchasing Group Date: December 1, 2013</p><p>SUBJECT: Procurement of Accessible Electronic and Information Technology Products</p><p>I. Purpose/Background</p><p>This procedure is intended to provide buyers and requestors with guidance in the procurement of Accessible Electronic and Information Technology products to be utilized on campus. The requirement for as accessible E&IT products is stipulated under CSU Executive Order 926 – The CSU Board of Trustees Policy on Disability Support and Accommodations. </p><p>II. Definitions</p><p>A. Definitions for Electronic and Information Technology (E&IT) products can be found under the following links:</p><p> Section 1194.21 Software Applications and Operating Systems  Section 1194.22 Web-based Internet information and applications  Section 1194.23 Telecommunications Products  Section 1194.24 Video and Multi-media Products  Section 1194.25 Self-Contained, Closed Products  Section 1194.26 Desktop and Portable Computers  Section 1194.31 Functional Performance Criteria  Section 1194.41 Information, documentation, and support</p><p>Accessibility requirements – requirements contained in California Government Code Sec. 11135</p><p>B. Definitions for individuals involved in the acquisition of E&IT products are as follows:</p><p>Accessibility Services Compliance Officer – Individual within Accessibility Services Department responsible for reviewing the Voluntary Product Evaluation Template (VPAT) for compliance with Section 508 guidelines.</p><p>1 Buyer – Individual within the Purchasing Department who has the legal authority to contractually obligate the University.</p><p>Requestor – Person or department requesting the purchase of E&IT goods and/or services.</p><p>VPAT – Voluntary Product Evaluation Template document to be completed by the vendor that E&IT products are being purchased from. </p><p>III. Applicability</p><p>All purchases of E&IT products as defined in Section II above are subject to the requirements set forth herein.</p><p>IV. Procedure</p><p>A. For purchases not to exceed $50,000</p><p>(Reference: CSU Policy Manual for Contracting & Procurement Sections 301 A and B, 401A and B, 501A, B, C, and D).</p><p>1. The Buyer shall request the vendor to provide a completed Voluntary Product Evaluation Template (VPAT) and, once received, will forward the VPAT to the Accessibility Services Compliance Officer for review and approval</p><p>2. In the event the vendor has a recently approved VPAT on file at the University, or on its Home Page, for the same product being purchased, the Buyer shall note that in the procurement file along with the approved copy of the VPAT. </p><p>3. Upon receipt of the VPAT from the Buyer, the ASC Officer shall consult with the Requestor to determine if the VPAT is applicable to the purchase. </p><p>4. In the event that accessibility requirements are waived or are not applicable to the E&IT goods and services to be purchased, the VPAT must include a written statement by the ASC Officer to this effect. Questions for the vendor on accessibility can either be mitigated by the ASC Officer directly with the vendor or by the buyer if necessary.</p><p>5. Buyers shall only purchase E&IT goods and services that are in compliance with the E&IT accessibility requirements or where the requirements have been waived or deemed not applicable by the ASC Officer.</p><p>2 6. Any resultant Purchase order/contract for E&IT products is subject to accessibility requirements and must include the following clause:</p><p>“Accessibility Requirements</p><p>Contractor warrants that it complies with California and federal disabilities laws and regulations. Contractor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor further agrees to indemnify and hold harmless the CSU from any claims arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach and be grounds for termination of this Contract.”</p><p>B. For purchases exceeding $50,000</p><p>(Reference: Acquisitions governed by formal bidding requirements - CSU Policy Manual for Contracting & Procurement, Sections 302, 402, and 502) </p><p>Responsibilities</p><p>1. Upon assignment of the PeopleSoft requisition, the Buyer shall establish a formal Selection Board to participate in the preparation of the Request for Proposal (RFP) or Invitation for Bid (IFB) and evaluation of proposals/bids.</p><p>2. The Accessibility Services Compliance Officer shall be a member of the Evaluation Committee when E&IT products are involved.</p><p>3. The Requestor is responsible for preparing the specifications for the bid document and shall include all applicable accessibility requirements. The Requestor shall work with the ASC Officer to insure the specifications are in adherence to accessibility requirements. Any exceptions to accessibility requirements must include a written statement by the ASC Officer to this effect which shall be included in the purchase order or contract file.</p><p>4. The Buyer shall include the proper instructions in the solicitation documents to identify accessibility and documentations requirements to bidders.</p><p>5. The Requestor and ASC Officer shall be responsible for developing the criteria used for the evaluation of proposals that are subject to meeting accessibility requirements and which are to be included in the bid document.</p><p>3 6. Upon completion of evaluations and selection of the vendor, the Buyer shall perform the following: </p><p>Obtain the approved VPAT from the Requestor or ATI Consultant and include the document in purchase order or contract file.</p><p>7. Any resultant Purchase order/contract for E&IT products is subject to accessibility requirements and must include the following clause:</p><p>“Accessibility Requirements</p><p>Contractor warrants that it complies with California and federal disabilities laws and regulations. Contractor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor further agrees to indemnify and hold harmless the CSU from any claims arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach and be grounds for termination of this Contract.”</p><p>V. Authority & References</p><p>California Government Code Sec. 11135 CSU Executive Order 926 Section 508 of the Rehabilitation Act of 1973 California Senate Bill 105, Stats.2002, c. 1002 California Senate Bill 302, Stats.2003, c. 783</p><p>4</p>