Sec. 14.33.02.02. Scope

A. This chapter applies to the procurement of information technology and the provision of information technology services by or on behalf of agencies, except if:

(1) The information technology is not available with nonvisual access because the essential elements of the information technology are visual and a nonvisual equivalent cannot be developed; or

(2) The cost of modifying the information technology for compatibility with software and hardware for nonvisual access would increase the price of the procurement by more than 5 percent.

B. This chapter does not apply to information technology that is acquired and used by a contractor:

(1) Incidental to performing under a contract with the State or any agency; and

(2) To the extent that the information technology is not transferred to the State or any agency as part of the contractor's obligations to perform or incorporated into the deliverables provided to the State or any agency under the contract.

C. The information technology products or information technology services a contractor develops, procures, maintains, or uses that are not specified as part of a contract with the State or any agency are not required to comply with this chapter.

D. Except as otherwise required to comply with other law, this chapter may not be construed to require the installation of accessibility-related software or an assistive technology device at a workstation of a State employee who is not an individual with a disability.

E. Except as otherwise required to comply with the requirements of other law, this chapter may not be construed to require agencies:

(1) To provide access to the public to information at a location other than where the electronic and information technology is ordinarily provided to the public; or

(2) To purchase products for access and use by individuals with disabilities at a location other than where the information technology is ordinarily provided to the public.

F. Section E of this regulation may not be construed to relieve any unit of State government of its obligation to provide information or data under any other requirements of the law.