If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?
No. Non-availability is an independent basis for acquiring EIT that does not meet the applicable Access Board’s technical provisions. See FAR 39.204(e)(2)(ii). Undue burden documentation would be required if products meeting all (or some) of the standards are commercially available but would create an undue burden on the agency to acquire. (In other words, when a product meeting the standards is commercially available, it is treated no differently than a non-commercial item with respect to application of the undue burden justification.) Agencies should document commercial non-availability in accordance with agency procedures to assist in defending the agency’s decision in the event of a complaint. (see section F.2., above).
Related Questions
- If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?
- Can BER testing or subjective visual testing be done to meet the performance specifications for several items in Technical Appendix 1, such as Item #8--RF Dynamic Range?
- Is an agency prohibited from buying EIT that does not meet all applicable technical provisions?
