Section 508 of the Rehabilitation Act - Frequently Asked Questions

G.6.iv. - What should be included in the undue burden determination?

The FAR requires the requiring activity official to document in writing the basis for an undue burden decision and provide a copy to the contracting officer for inclusion in the contracting file. See FAR 39.204(e)(2)(i). The documentation must clearly explain why meeting the applicable technical provisions imposes an undue burden.

The law and regulations do not specify the exact content or format of documentation to support an undue burden determination. Any agency documentation (and approval) procedures for undue burden must be followed. Documentation to support an undue burden determination based on significant expense could describe, among other things: the applicable technical provisions of the Access Board's standards, the market research performed to locate commercial items that meet the applicable technical provisions, the specific provisions that cannot be met as a result of undue burden, the expected cost of acquiring EIT that meets the applicable technical provisions along with an explanation of how costs were estimated, and a description of all the funds available to the program or component for which the supply or service is being acquired.