Component 1: Research, evaluation, documentation, verification where appropriate, and determination of exceptions related to E&IT.

The requirements of applicable laws and regulations for the acquisition of goods and services by the CSU are defined within the CSU Policy Manual for Contracting and Procurement. The implementation of these requirements and policies, where applicable, are defined by campus specific policies and procedures. These policies and procedures are being updated to include the requirements for the acquisition of E&IT products.  

The following core Section 508 procurement functions are expected to be followed for E&IT acquisitions unless an approved exemption has been granted:

1. Identify the functional requirements for using a product;
2. Conduct market research to determine the availability of a product to meet the functional requirements;
3. Evaluate products to determine the degree of compliance with Section 508 requirements and to identify the product that meets these requirements;
4. Verify Section 508 actions and authorize exemptions, if any;
5. Request vendors to submit Section 508 compliance documentation, e.g., a completed VPAT,  vendor checklist, or other forms as specified by Cal Poly or CSU, as needed; and
6. Document Section 508 accessibility evaluations and decisions.

Formal Competitive Procurements:

E&IT procurements subject to formal competition requirements will require the User/Requestor, with assistance from the College/Department LAN Coordinator or ITS Technical Consultant(s) and the E&IT Campus Compliance Officer, when necessary, to conduct market research with regard to the commercial availability of accessible products.  This information will be used to develop formal solicitation documents, which will include requiring the Vendor to submit Section 508 compliance documentation.

The User/Requestor and the E&IT Campus Compliance Officer, with assistance from the Buyer, will determine the information that vendors will be required to submit to document the degree of compliance with Section 508 requirements and the criteria and its relative weighting that will be used to evaluate the documents submitted. Section 508 standards constitute an additional set of requirements to be evaluated and will be considered among all other procurement requirements in reaching an award decision. All other requirements are still relevant and will be evaluated as well.  The CSU will purchase the commercial product that provides the greatest degree of compliance while satisfying other legal, policy and functional requirements.

Procurements below the Formal Competitive Threshold:

These E&IT procurements require the User/Requestor to perform market research with assistance, as needed, from the College/Department LAN Coordinator or ITS Technical Consultant(s) and the E&IT Campus Compliance Officer. Once conforming E&IT products have been identified or an exemption has been approved, the User/Requestor will submit the Section 508 documentation along with a Purchase Requisition to the Buyer to complete the purchase in accordance with applicable procurement policies and procedures.

Purchase Decision:

Based on the results of the market research conducted or the proposals evaluated, the Buyer will procure the E&IT product as follows:

1. All products meet the functional requirements and meet all the applicable 508 standards: The Buyer may purchase any of the products evaluated in accordance with applicable procurement policies and procedures.
2. The products evaluated meet Section 508 requirements to varying degrees: The Buyer must purchase the product in accordance with the applicable policies contained in the CSU Policy Manual for Contracting and Procurement and campus procurement policies and procedures.
3. Product previously purchased and is still conformant: The product was previously determined to be conformant and there is no reason to believe that the status has changed. The Buyer may purchase the product in accordance with applicable procurement policies and procedures.
4. Approved Exemption: The product falls within one of the approved exemptions as determined by the E&IT Campus Compliance Officer. The Buyer may purchase the product in accordance with applicable procurement policies and procedures.

Approved Exemptions:

Net Cost Increase:

The CSU has a specific exemption base in California's Government Code Section 11135(c)(2). This Government Code section states: "... In clarifying that the California State University is subject to paragraph (2) of subdivision (d), it is not the intention of the Legislature to increase the cost of developing or procuring electronic and information technology. The California State University shall, however, in determining the cost of developing or procuring electronic or information technology, consider whether technology that meets the standards applicable pursuant to paragraph (2) of subdivision (d) will reduce the long-term cost incurred by the California State University in providing access or accommodations to future users of this technology who are persons with disabilities, as required by existing law, including this section, Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and following), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). "

This section of the Government Code exempts the CSU from Section 508 requirements if it can be determined that the procurement of accessible E&IT product will increase the cost to the CSU.  Procurement policies and procedures incorporating Section 508 requirements, including the Section 11135 (c) (2) exemption, are in the process of development and are not yet finalized.

1. Research: Conduct cost analysis to determine the net cost to the organization in procuring a product that conforms to Section 508 standards. 
2. Evaluation: Evaluation of the cost analysis must include the long-term reduction in cost incurred by the CSU in providing access or accommodations to future users of this technology who are persons with disabilities.
3. Documentation: Cost analysis and supporting documentation.
4. Verification: Cost analysis should also be reviewed by other appropriate departments with insight to the cost elements contained within the cost analysis, e.g., Information Technology Services, Disability Resource Center, etc.
5. Determination: User/Requestor, VP/CIO, LAN Coordinator, ITS Technical Consultant(s), Buyer, and the E&IT Campus Compliance Officer will jointly determine that the proof of an increase of expense to the CSU is justifiable and supportable.

Commercial Non-availability

When acquiring E&IT products or services, campuses are only required to comply with those standards that can be met with E&IT products that are available in the commercial marketplace in time to meet delivery requirements. Campuses need not acquire a non-commercial item in these cases solely to satisfy 508 standards. Commercial non-availability must be addressed on an individual standard basis, and campuses cannot claim a commercial product as a whole is non-available just because it does not meet all the applicable standards. In such cases campuses shall follow applicable procurement policies and procedures to purchase the product that best meets 508 standards and functional requirements or best value criteria.

1. Research: Conduct market research and product evaluation.
2. Evaluation: Review the viability of using alternative accessible products.
3. Documentation: Maintain documentation of products evaluated.
4. Verification: User/Requestor should review market research with LAN Coordinator and confer with ITS Technical Consultant(s) if necessary.
5. Determination: User/Requestor and E&IT Campus Compliance Officer review documentation.

Sole Brand

A sole brand is when only one product meets the functional specification required. A sole brand product should first be reviewed and approved in accordance with campus policy and procedure for sole brand requests. An approved sole brand product is exempt from Section 508 requirements.

1. Research: Conduct market research and product evaluation.
2. Evaluation: Review the viability of using alternative accessible products.
3. Documentation: Maintain documentation of products evaluated.

Back Office

This pertains to a group of products that reside in a back office, such as a telecommunication closet or data center.  The products do not interact with people except when maintenance is required.  An example is a server in a data center.  If the server simply operates without human interaction, then the server qualifies as a back office exemption.  If there is software running on the server that does have human interaction (e.g., Oracle), then the software is not exempt as a back office exemption.

1. Research: Determine location and function of product.
2. Evaluation: Review possibility of interaction of product by Cal Poly personnel.
3. Documentation: Product functional requirements/specifications.
4. Verification: User/Requestor, LAN Coordinator and/or ITS Technical Consultant(s)
5. Determination: User/Requestor and E&IT Campus Compliance Officer review documentation.

Fundamental Alteration

This exemption to Section 508 requirements is discussed in Component 2 below.

Undue Burden

This exemption to Section 508 requirements is discussed in Component 2 below.

Other Exemptions

In addition to the exemptions above, Section 508 provides for other types of exemptions that may be granted. Requests for exemption will be reviewed on a case-by-case basis and will be approved by the E&IT Campus Compliance Officer.