Overview
This section provides a specific regulatory definition for the term "undue burden" as it applies to the acquisition of Information and Communication Technology (ICT) under FAR Subpart 39.2.
Key Rules
- Defines "undue burden" explicitly as "significant difficulty or expense."
- Limits the application of this definition to the scope of FAR Subpart 39.2 (Accessibility of Information and Communication Technology).
Practical Implications
- Agencies seeking an exception to Section 508 accessibility requirements must demonstrate that compliance would result in a level of difficulty or cost that is substantial, rather than merely inconvenient.
- Contracting Officers must ensure that any claim of "undue burden" is supported by documented evidence of the specific financial or technical hardships involved in meeting accessibility standards.