[Athen] Exceptions to purchasing rules

White, Phillip Burton WHITEPH15 at ECU.EDU
Tue Aug 29 08:43:30 PDT 2017

Does anyone out there on this listserv have a list of exceptions for your purchasing of software. I'm primarily looking for any language someone has developed related to purchasing design software. It seems to me that we need to have an exception for these type of software, especially when they are for designing graphic, video and/or audio content.

This is the current exceptions list that we have for our purchasing office:
Accessibility Exceptions
If a technology product being purchased by your department falls under one of the five categories here, you can request an EXCEPTION. However, each exception does require an accessibility alternative plan of action (except for the Back Office exception).
* Commercially Unavailable. At the time of procurement, if a product meets all the specific functionalities, but does not have features to meet all the appropriate 508 standards. In some cases, the vendor's product may comply with some, but not all, standards. If a vendor has the most compliant product, then the standards for which the vendor cannot comply are considered commercially non-available.
* Sole Source. Only one product provides the specific functionalities required. An Alternate Access Plan (AAP) and VPAT (Voluntary Product Accessibility Template) are still required.
* Back Office. The product is located in spaces frequented only by service personnel for maintenance, repair or monitoring, generally a data center or telecommunications closet. Employees interact with these tools to accomplish administration of technology services. These tools are not used in the same manner by employees or other customers.
* Fundamental Alteration. The campus is not required to make changes in the fundamental characteristics of a product to comply with accessibility standards. This does not apply to cosmetic or aesthetic changes.
* Undue Burden (Cost Increase). The acquisition of the accessible products would cause significant difficulty or expense. Exemptions in this category are rare and require additional approvals. Any exceptions being sought for undue burden requires approval from the ADA Coordinator and the appropriate university administrator. This would be a rare scenario.
* Programmatic/Academic Technical Standards. Standards must reflect the minimal physical requirements as documented for the position or program. You are required to maintain documentation to support this purchase.
Phillip White
Accessibility Consultant
East Carolina University
Whiteph15 at ecu.edu

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