FAR 39.202—Definition.
Plain-English Summary
FAR 39.202 provides the definition of the term "undue burden" for use in this subpart on information and communication technology accessibility. It states that undue burden means a significant difficulty or expense. This definition matters because it sets the threshold for when an agency may determine that meeting a particular accessibility requirement would be too difficult or costly in a specific circumstance. In practice, the term is not a general excuse to avoid compliance; it is a narrow standard that must be applied to the particular requirement, the specific acquisition, and the actual facts of the situation. Contracting officers, program officials, and accessibility reviewers use this definition when evaluating whether an exception or limitation is justified, and contractors should understand it because it affects how accessibility requirements are assessed, documented, and enforced.
Key Rules
Undue burden means significant difficulty
The term is defined narrowly as a significant difficulty or expense. A minor inconvenience, modest added cost, or routine implementation challenge does not meet the standard.
Applied within this subpart
This definition applies only as used in this subpart, so it must be read in context with the accessibility requirements and exceptions that follow. It is not a standalone government-wide definition for every procurement situation.
Fact-specific determination
Whether a burden is undue depends on the actual circumstances of the acquisition and requirement at issue. The determination must be based on the specific facts, not on a blanket policy or general assumption about cost or effort.
Responsibilities
Contracting Officer
Apply the definition when evaluating whether an accessibility requirement would impose an undue burden in a particular procurement. Ensure any such determination is tied to the facts and documented in the contract file as required by the broader subpart.
Agency/Program Officials
Assess the operational and technical impact of accessibility requirements and provide the factual basis for any undue burden determination. Identify whether the difficulty or expense is truly significant in light of the agency need and the acquisition context.
Contractor
Understand that undue burden is a narrow exception standard, not a general waiver of accessibility. When proposing solutions or responding to requirements, provide information that helps the agency evaluate actual difficulty or expense.
Practical Implications
This definition sets a high bar: agencies should not treat ordinary implementation effort as an undue burden.
Because the standard is fact-specific, unsupported claims that something is "too hard" or "too expensive" are not enough.
Contracting officers should expect a documented rationale if an undue burden conclusion is used to limit accessibility requirements.
Contractors should be prepared to explain costs, technical constraints, and alternatives rather than simply asserting burden.
A common pitfall is using the term loosely; in FAR practice, it should be reserved for truly significant difficulty or expense.
Official Regulatory Text
Undue burden, as used in this subpart, means a significant difficulty or expense.