What is the undue burden exception?
Agencies do not have to acquire EIT that meets the applicable technical provisions if doing so would impose an undue burden on the agency. Undue burden is a longstanding concept in disability rights law. In the context of section 508, it means that an acquisition imposes a significant difficulty or expense, taking into account all agency resources available to the program or component for which the EIT is being procured. 36 CFR 1194.4 and FAR 39.202, 39.204(e)(1). An undue burden determination must be applied on a case-by-case basis. If an agency invokes the undue burden exception, it must document in writing the basis for the decision and provide documentation for inclusion in the contract file (see sections G.6.iii and iv, below). In addition, the statute requires the information and data to be provided to disabled individuals by an alternative means of access (see section B.6.ii, above). Agencies have additional responsibilities under sections 501 and 504 of the Rehabilitation Act.
