UTSA - Purchasing&Distribution Services

Terms and Conditions (CISV)

(a) Upon registration on the commission's Centralized Master Bidders List (CMBL), a vendor wishing to sell or lease automated information systems to governmental entities in accordance with this rule shall register with the commission as a catalog information systems vendor (CISV) by submitting a catalog Universal Resource Locator (URL),i.e., web site address.

(b) In this section a governmental entity is a state agency subject to the Information Resources Management Act (Texas Government Code, Title 10, Subtitle B, Chapter 2054) or a local government entity that participates in the Cooperative Purchasing Program under the Texas Local Government Code, Title 8, Subtitle C, Subchapter D.

(c) Each vendor's catalog shall:

(1) contain a statement acknowledging that any terms and conditions in the vendor's catalogue that conflict with the Constitution or laws of the State of Texas shall not be enforceable and, therefore, will not be binding.

(2) Conform to requirements set forth in Texas Government Code, §2157.066 and any other requirements established by the commission.

(3) be maintained on a web site in accordance with subsection (2) of this section and include indexing and keywords consistent with the commission's online catalog Landing Page Requirements. The vendor's catalog maintained on the web site and in compliance with this rule shall be the official version of the catalog.

(d) Vendors are responsible for maintaining a current price list on their catalog.

(e) The director shall promulgate guidelines for the revision process of a vendor's catalog.

(f) Failure of a vendor to remain active on the CMBL, or failure to conform to any other commission rules may result in suspension or removal of CISV status. A vendor that has been suspended or removed may not market or sell products or services from its CISV catalog to the state until the cause of the suspension or removal has been resolved.

(g) Preference shall be given to CISV who sell or lease products in Texas in accordance with provisions of the Texas Government Code, §2155.444 and §2155.4441.

(h) The CISV vendor is encouraged to:

(1) use, produce, or provide products that contain recycled or remanufactured content, are environmentally sensitive, or possess energy saving features;

(2) identify recycled or remanufactured products and if possible, include the percentage of the total product that is recycled or remanufactured and/or the percentage of the total post-consumer recycled material content in its product literature or other representations; and

(3) use recycled/recyclable paper if printing a catalog for marketing purposes.

(i) The State of Texas is committed to assisting historically underutilized businesses (HUBs) to receive a portion of the total value of all contracts that an agency will award. If the vendor qualifies as a HUB, but is not certified by the State of Texas as such, the vendor should contact the commission to obtain a HUB certification application. Upon the request of a governmental entity, the vendor will be required to detail the amount of expenditures that have been made to material suppliers and subcontractors that are Texas certified HUBs. A vendor that has demonstrated past HUB participation is still expected to provide documentation using the reporting forms provided by a governmental entity to show its good faith effort in meeting or exceeding the state's procurement utilization goals identified in TPASS's HUB Rules (1 TAC §111.14).

Source Note: The provisions of this §113.19 adopted to be effective October 19, 1993, 18 TexReg 6832; amended to be effective February 16, 1994, 19 TexReg 714; amended to be effective July 21, 1994, 19 TexReg 5351; amended to be effective November 6, 1996, 21 TexReg 10741; amended to be effective December 3, 1997, 22 TexReg 11651; amended to be effective February 15, 2000, 25 TexReg 1096; amended to be effective September 11, 2000, 25 TexReg 8848; amended to be effective August 12, 2002, 27 TexReg 7083; amended to be effective December 22, 2003, 28 TexReg 11247

Technology Access Clause

The technology access clause is required to allow for both visual and non-visual access to Automated Information System (AIS) products and services. The clause is required in all AIS solicitation documents and contracts entered into by all state agencies, regardless of the dollar amount.

The clause states, as a condition for the expenditure of state funds in the purchase of an AIS product, that the technology:

Will provide equivalent access for effective use by both visual and non-visual means;
Will present information, including prompts used for interactive communications, in formats intended for both visual and non-visual use; and
Can be integrated into networks for obtaining retrieving, and disseminating information used by individuals who are not blind or visually impaired.

This clause applies to all contracts made by state agencies that involve the purchase of an AIS product or service, without regard to:

The source of funds used to make the purchase;
Whether the purchase is made under delegated purchasing authority; or
Whether the purchase is made under the authority of the Texas Government Code or other statute.

The clause shall read without modification

"The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the vendor represents and warrants to (name of state agency) that the technology provided to (name of state agency) for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

Providing equivalent access for effective use by both visual and non-visual means;
Presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and
Being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired...."

For purposes of this paragraph, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assisting devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws.

Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customize display appearance.

Legal Authority
Texas Government Code, Title 10, Subtitle D, Section 2157.005

Exemption Declaration - Technology Access Clause - First Responders
Texas Government Code, Chapter 2157.005, allows an exemption to the basic Technology Access Clause, currently listed in the on-line and printed versions of the Texas Standard Instructions, Terms and Conditions, Other Provisions ( Section XI G), enacted as a result of SB 1155, 78th Legislative Session. The exemption pertains to the purchase of wireless communication device(s) to be used by "first responders" to a public safety emergency. The exact verbiage of the exemption is a follows and should be used as an "Exemption Declaration" on solicitations and purchase orders.

"Exemption Declaration: Pursuant to the provisions of the Texas Government Code, Chapter 2157.005(d) this requirement is for the purchase of a wireless communication device to be used by peace officers, firefighters, and other emergency response personnel to respond to a public safety emergency. The provisions of the Technology Access Clause do not apply."