ACCESSIBILITY UNDUE BURDEN DETERMINATION
Submission Instructions:
For solicitations involving commodities in excess of $50,000 or professional/technical services in excess of $25,000, submit this form to: Office of Enterprise Technology, Attn: ISRM Division, 658 Cedar Street, 2nd Floor, St. Paul, MN 55155 (FAX 651-797-1040). This form must be submitted by the agency and executed by MN.IT Services prior to the issuance of any related contract.
Department: / Division:Total Estimated Contract Value:
$ / Original Contract Period From: To:
With option to extend ____ add’l ___ yr. periods
Nature of Contract: (Include a brief description of the IT goods or service.)
Instructions:
This form is to be utilized when requesting an exception to the Minnesota Accessibility Standards on the basis of undue burden. The Minnesota Accessibility Standards can be found at: (
In accordance with Minn. Stat. §16E.015, Subd. 4, ‘Undue Burden’ means significant difficulty or expense determined and documented by the funding agency, including but not limited to difficulty or expense associated with technical feasibility.”
Provide a detailed statement below (attach additional pages if needed) supporting the agency’s undue burden determination. The statement should include, but is not limited to:
- A detailed description of the specific provisions of the Minnesota Accessibility Standards that creates the undue burden;
- A detailed description of the significant difficulty involved in compliance;
- A description of the process and methodology used to prepare your statement, and any supporting data or market research used to reach your conclusion that the undue burden exception should apply; and
- A description of any impact anticipated to be caused by this undue burden determination. Address any mitigating steps that will be taken such as alternative measures utilized to promote accessibility.
NOTE: The following are likely to result in a determination of insufficient justification for application of the undue burden exception.
- A statement that relies on price differential between compliant and non-compliant products or services without detailing the market research conducted to ascertain market prices or addressing the resources available to the program.
- A statement that compliant products or services are not available in the market without providing significant documentation of diligent market research in support of the contention.
- A statement describing other difficulty associated with compliance without providing detailed explanatory evidence.
UNDUE BURDEN STATEMENT:(Attach additional pages as needed)
ACKNOWLEDGEMENT
ADHERING TO THE STATE OF MINNESOTA STANDARDS ON ACCESSIBILITY IS A STATUTORY REQUIREMENT UNLESS AN EXCEPTION APPLIES. YOUR SIGNATURE BELOW INDICATES (1) YOU HAVE REVIEWED THE MINNESOTA ACCESSIBILITY STANDARDS; (2) YOU HAVE REVIEWED THE SUPPORTING UNDUE BURDEN STATEMENT; AND (3) YOU ARE SEEKING TO AUTHORIZE AN EXCEPTION TO THIS STATUTORY REQUIREMENT.THIS FORM RELATES TO AN EXCEPTION FROM THE MINNESOTA ACCESSIBILTY STANDARDS ADOPTED ON SEPTEMBER 1, 2010, AND DOES NOT PROVIDE AN EXCEPTION TO OTHER LAWS INCLUDING REQUIREMENTS UNDER THE ADA REGARDING REASONABLE ACCOMODATION.
Agency head signature (required)
Agency Head: / Date:
The following three Internal Approval signatures are for agency use; they are not required by OSP (optional)
Activity Manager: / Date:
Division Director: / Date:
Assistant Commissioner: / Date:
MN.IT Services Signature (required)
Commissioner or Designee: / Date:Status:
Reviewed without issue
Returned for additional information / Rejected for lack of sufficient justification
Rejected for other reason: ______
6/24/2011