Who is the “requiring activity official” who makes the undue burden determination?
See the response to Question F.3, above. vi. May an agency shift the responsibility for making undue burden determinations to vendors (i.e., by requiring interested sources who offer EIT that meets the applicable technical provisions to explain why the purchase of such EIT would not impose an undue burden on the agency)? No. The responsibility for making an undue burden determination rests with the agency. Only the agency is in a position to determine the difficulty or expense acquisition of EIT that meets the applicable technical provisions would impose on an agency and to know the resources available to its program or component for which the supply or service is being acquired.
