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

Determination and Certification Findings


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

The Department of Health and Human Services (HHS) Policy for Section 508 Electronic and Information Technology (EIT), January 2005, mandates that the Indian Health Service (IHS) requesting officials determine through their market research and technical requirements analysis whether any Section 508 provisions, exemptions, or exceptions are applicable to the procurement or project.

http://www.hhs.gov/web/508/contracting/technology/index.html#432UndueBurdenExceptionDeterminationandCertification

The purpose of this document is to help you comply with the Federal requirement relative to any new purchases of EIT.

This completed document must be provided to your procurement office as part of your market research and to your Area Section 508 Coordinator where indicated.

Instructions:  Proceed through the below sections as directed.  Stop when your responses to the Certification questions indicate that you should sign the document, attach the listed additional documentation, and attach to your procurement request. ---------------------------------------------------------------------------------------------------------

Section 1:  Do I have a need that potentially relates to information technology (IT) as a procurement deliverable?

(If your requirement obviously has nothing to do with IT, e.g., uniforms, cleaning services, furniture, paper products, etc., do not proceed with this document, and proceed with the standard procurement processing.)

____No - Complete certification below and attach this document to your purchase request.  Read sections 2 and 3 but do not certify them.
____ Yes - Proceed to Section 2.




Section 2:  Do I have an EIT procurement requirement in my purchase request?

____No - Complete certification line below and attach this document to your purchase request.  You are finished.
____ Yes - Proceed to Section 3.


Section 3:  Is it an EIT Exception?

____No - Proceed to Section 4
____ Yes - Place an "X" before the applicable exception(s), complete the certification line below and attach this document to your purchase request.  You are finished.


_____ Products to be acquired by a contractor incidental to a contract.

_____ Products or components of products that would require a fundamental alteration in their nature.

_____ Products located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring.

_____ A one time purchase of $2,500 or less, made on the open market, not under an existing contract (micro-purchase made as part of a larger requirement exceeding $2,500 are subject to Section 508).

_____ EIT operated by Agencies, the function, operation or use of which involves intelligence activities, cryptographic activities related to national security, command and control of military forces, equipment as an integral part of a weapon or weapon system, or systems critical to the direct fulfillment of the military or intelligence missions.

Section 4:  Can I procure a compliant product from the commercial marketplace?

_____ No - Proceed to Section 5.
_____ Yes - Complete the certification line below and attach this document to your purchase request.  You are finished.


Section 5:  Will a commercial or non-commercial fully compliant product be produced in response to my solicitation?

_____ No - Proceed to Section 6.
_____ Yes - Complete the certification line below and attach this document to your purchase request.  You are finished.


Section 6:  Is it a commercial product by FAR definition?

_____ No - Complete the EIT Undue Burden Determination and Certification, attach it to this document, and affix both to your procurement request. You are finished.
_____ Yes - Complete the EIT Commercial Non-Availability Certification for a less than fully compliant product, attach it to this document and affix both to your procurement request. You are finished.


CERTIFICATION:

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 (EIT):

______________________________________________________________
Signature
________________________________________
Date
______________________________________________________________
Print Name
________________________________________
Date





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