Part 8, Chapter 20: Manual Exhibit 8-20-L

Undue Burden

To be completed by the Requesting Official (Purchase Requestor).

Attach this document to the "Section 508 Determination and Findings for Purchase Requests" form and affix both to your procurement request.  You will need to send a copy to the Area 508 Coordinator.  The Area 508 Coordinator sends copies of the requests (approved or disapproved) to the Indian Health Service (IHS) 508 Coordinator, who will compile these requests for biannual review by the Department of Health and Human Services (HHS) Office on Disability.

If it is determined that compliance with any provision of Section 508 imposes an undue burden exception, you must include specific documentation supporting your conclusion. An undue burden means significant difficulty or expense.  In determining whether an action would result in undue burden, you must consider all agency resources available to the program or component for which the product is being developed, procured, maintained or used.  Documenting undue burden should be based on 1) the difficulty or expense of compliance; and 2) the agency resources available to its program or component for which the supply or service is being acquired.

For each provision of 36 Code of Federal Regulations (CFR) Part 1194 that an agency finds to be an undue burden, the Requesting Official must explain below why, and to what extent, compliance with each such provision creates an undue burden.  A thorough, rational explanation is required by the HHS Policy for Section 508 Electronic and Information Technology (EIT).  Explanations must be adequate to survive protests and litigation challenges.

Answer the questions below as fully as possible.

NOTE:  If your office determines that acquiring a Section 508 compliant product would impose an undue burden, your office must provide individuals with disabilities an alternative means to access and use the information and data.

I have determined and hereby certify that development, procurement, maintenance, or use of the applicable EIT product(s) or services required by my organization that are subject to Section 508 of the Rehabilitation Act of 1973, as amended, in accordance with 36 CFR Part 1194, present an 'undue burden' (36 CFR § 1194.4 and FAR 39.204(e)).

I hereby concur with and support this Determination & Certification of Undue Burden, as required by the HHS Policy for Section 508 Electronic and Information Technology:

Review and Approval by the IHS 508 Coordinator

(__) Form Complete
(__) Form Incomplete
Information Missing:_______________________________________

Certification of Undue Burden:

(__) Concur
(__) Denied - Reason: ____________________________________________________