39.202
Definition
"Undue burden" in ICT contracting means a significant difficulty or expense, and is the standard for exceptions to accessibility requirements.
Overview
FAR 39.202 provides the definition of the term "undue burden" as it applies to Subpart 39.2, which addresses requirements for information and communication technology (ICT) in federal contracting. In this context, "undue burden" refers to a significant difficulty or expense that may be encountered when complying with accessibility requirements for ICT. This definition is crucial for determining when exceptions to accessibility standards may be justified due to excessive hardship or cost.
Key Rules
- Definition of Undue Burden
- "Undue burden" means a significant difficulty or expense in the context of ICT accessibility compliance.
Responsibilities
- Contracting Officers: Must assess and document whether compliance with ICT accessibility requirements would impose an undue burden.
- Contractors: Should be prepared to justify claims of undue burden with evidence of significant difficulty or expense.
- Agencies: May need to review and approve determinations of undue burden and ensure proper documentation.
Practical Implications
- This definition sets the threshold for when agencies and contractors can seek exceptions to ICT accessibility requirements.
- Proper documentation and justification are essential when claiming undue burden.
- Misuse or misunderstanding of this term can lead to compliance issues or challenges during audits or reviews.