CDC - Phil Green

2/27/2001

It appears that the determination of "undue burden" is solely a determination by the requiring office and that the Contracting Officer merely places the determination in the file.

It is my experience that many requiring officials do market research that only reinforces their position to buy what they want regardless of whether it would be an "undue burden". There seems to be no check or approval required by an IT official or by the contracting officer. Is this wise? When signing the contract, the Contracting Officer is obligating federal funds AND certifying that the contract is "legal".

My point is that the Contracting Officer should be required to execute a written determination that the "test" of "undue burden" has been met so as to provide a balance in the procurement process.

Phil Green