[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR39.204]

[Page 748]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 39_ACQUISITION OF INFORMATION TECHNOLOGY--Table of Contents
 
           Subpart 39.2_Electronic and Information Technology
 
Sec.  39.204  Exceptions.

    The requirements in 39.203 do not apply to EIT that--
    (a) Is purchased in accordance with Subpart 13.2 (micro-purchases) 
prior to October 1, 2004. However, for micro-purchases, contracting 
officers and other individuals designated in accordance with 1.603-3 are 
strongly encouraged to comply with the applicable accessibility 
standards to the maximum extent practicable;
    (b) Is for a national security system;
    (c) Is acquired by a contractor incidental to a contract;
    (d) Is located in spaces frequented only by service personnel for 
maintenance, repair or occasional monitoring of equipment; or
    (e) Would impose an undue burden on the agency.
    (1) Basis. In determining whether compliance with all or part of the 
applicable accessibility standards in 36 CFR part 1194 would be an undue 
burden, an agency must consider--
    (i) The difficulty or expense of compliance; and
    (ii) Agency resources available to its program or component for 
which the supply or service is being acquired.
    (2) Documentation. (i) The requiring official must document in 
writing the basis for an undue burden decision and provide the 
documentation to the contracting officer for inclusion in the contract 
file.
    (ii) When acquiring commercial items, an undue burden determination 
is not required to address individual standards that cannot be met with 
supplies or service available in the commercial marketplace in time to 
meet the agency delivery requirements (see 39.203(c)(2) regarding 
documentation of nonavailability).

[66 FR 20897, Apr. 25, 2001, as amended at 67 FR 80322, Dec. 31, 2002]

                           PART 40 [RESERVED]