What does “undue burden” mean?
A. FAR 39.202 defines undue burden as a significant difficulty or expense. For example, a new contract for the maintenance and support of a noncompliant legacy system may present an undue burden if the cost to make the system compliant would be excessive. It is critical to note, however, that FAR 39.204(e)(1)(ii) requires that in determining undue burden, an agency must consider all resources available to the program or component for which the EIT is being acquired. This means that undue burden cannot be established by simply saying that a compliant product “costs too much” or is more expensive than a noncompliant product. Case law has been compiled over the years as to what qualifies as an undue burden. Center legal counsel should be consulted and must concur on any undue burden determination. Q15. Does NASA have any remaining obligations when it approves an undue burden determination? A. Yes. The statute requires that the information and data be provided to individuals with disabilit
