Can “significant expense” be established simply by demonstrating that a product that meets the applicable technical provisions is significantly more expensive than one that does not?
No. In determining whether acquisition of EIT that meets all or part of the applicable technical provisions of the Access Board’s standards would impose an undue burden, an agency must consider all resources available to its program or component for which the supply or service is being acquired. Undue burden cannot be established simply by demonstrating that, as between products that could meet the agency’s need, the price of products that meet the applicable technical provisions is higher than that of others that do not. Such an analysis is insufficient since it fails to consider all resources available to the program or component.
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