ED FSS SSJ Above SAT RFO Part 8_101526.pdf

1 2026 ED FSS SSJ > SAT RFO Form v1.1

U.S. Department of Education

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FEDERAL SUPPLY SCHEDULE (FSS) SOLE-SOURCE JUSTIFICATION

(SSJ) REVOLUTIONARY FAR OVERHAUL (RFO)

ORDERS PLACED OR BLANKET PURCHASE AGREEMENTS (BPAS) EXCEEDING

THE SIMPLIFIED ACQUISITION THRESHOLD (SAT)

CONTRACT INFORMATION

PROCUREMENT TITLE:

ACTION ID NUMBER: ESTIMATED VALUE:

PRINCIPAL OPERATING COMPONENT (POC):

1. IDENTIFICATION OF CONTRACTING ACTIVITY.

2. NATURE AND/OR DESCRIPTION OF THE ACTION INCLUDING A DESCRIPTION

OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENY’S NEEDS.

3. THE AUTHORITY AND SUPPORTING RATIONALE.

The statutory exception supporting the placement of an order or an establishment of a FSS BPA that exceeds the SAT on a sole-source basis as implemented by GSAM/R 538.7104-3(b) is:

Provide the rationale behind the selection of the above statutory exception.

https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(b)%20Exceeding%20the%20SAT.%20(1)%20Statutory%20exceptions.%20The%20statutory%20exceptions%20supporting%20the%20placement%20of%20an%20order%20or%20establishment%20of%20a%20FSS%20BPA%20that%20exceeds%20the%20SAT%20on%20a%20sole%20source%20basis%20are%3A

2026 ED FSS SSJ > SAT RFO Form v1.1

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4. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ORDER

REPRESENTS A FAIR AND REASONABLE PRICE.

5. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND RESULTS.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

7. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION

BEFORE ANY SUBESQUENT ACQUISITIONS.

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REVIEWS & APPROVALS

TECHNICAL/REQUIREMENTS PERSONNEL

I certify the facts and representations under my cognizance, which are included in this justification and form a basis for it, are complete and accurate.

CONTRACTING OFFICER (CO)

I certify this justification is accurate and complete to the best of my knowledge and belief.

PROCURING ACTIVITY COMPETITION ADVOCATE (PACA) > $900,000

I have reviewed and approve this justification.

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INSTRUCTIONS TO COMPLETE

This form is to be completed by POC Program Offices to prepare a SSJ for an order or BPA above SAT using FSS procedures under the deviations at RFO 8.401(b), ordering instructions at the General Services Administration Manual/Regulation (GSAM/R) 538.7104-3(b), and the FAR Companion (FC) 8.401(b), 538.7104- 3(b)(2). The completed justification must be signed by all applicable offices and officials.

BRAND-NAME – For FSS Orders, in accordance with (IAW) Subpart 538.7104-4:

(a) General. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

(b) Requirement. Items peculiar to one manufacturer must not be acquired unless—

(1) The particular brand name, product, or feature is essential to the ordering activity’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the need; and

(2) The file is documented accordingly—

(i) If the order is to be placed (or FSS BPA established) competitively, the file must be documented concerning the basis for restricting consideration to an item peculiar to one manufacturer, or

(ii) If the order is to be placed (or FSS BPA established) on a sole source basis, a justification must be executed IAW 538.7104-3.

CONTRACT INFORMATION

a. PROCUREMENT TITLE: <Insert title of the acquisition>

b. ACTION ID NUMBER: <Insert the Action ID from the Procurement Planning tool>

c. ESTIMATED VALUE: <Insert the estimated value>

d. POC: <Select the POC requesting the products/services>

1. IDENTIFICATION OF CONTRACTING ACTIVITY. <Select the contracting activity associated with this procurement>

2. NATURE AND/OR DESCRIPTION OF THE ACTION INCLUDING A DESCRIPTION OF THE

SUPPLIES/SERVICES REQUIRED TO MEET THE AGENY’S NEEDS. <Describe the type of action being issued; describe the supplies or services required to meet the agency’s needs, including the delivery schedule and/or period of performance (including all option periods), to give any reviewing or approving officials a better understanding of the scope, magnitude, and complexity of the requirement.>

3. THE AUTHORITY AND SUPPORTING RATIONALE. The statutory exception supporting the placement of an order or an establishment of a FSS BPA that exceeds the SAT on a sole-source basis as implemented by GSAM/R 538.7104-3(b) is <select exception from drop-down>:

• 538.7104-3(b)(i): The need is of such unusual urgency that following the procedures would result in unacceptable delays in fulfilling that need;

• 538.7104-3(b)(ii): Only one source is capable of providing the products, services, or solution required at the level of quality required because the products, services, or solutions are unique or highly specialized;

• 538.7104-3(b)(iii): The order should be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an FSS order already issued on a competitive basis;

• 538.7104-3(b)(iv): It is necessary to place the order with a particular FSS contractor to satisfy a minimum guarantee established in the FSS BPA; or

• 538.7104-3(b)(v): A law expressly authorizes or requires that the purchase be made from a specified source.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-8#FAR_8_401 https://www.acquisition.gov/fss-ordering-procedures https://www.acquisition.gov/sites/default/files/page_file_uploads/far-companion.pdf https://www.acquisition.gov/sites/default/files/page_file_uploads/far-companion.pdf https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=538.7104%2D4%20Items%20peculiar%20to%20one%20manufacturer.

https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=538.7104%2D3%20Sole%20source%20justifications.

https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(b)%20Exceeding%20the%20SAT.%20(1)%20Statutory%20exceptions.%20The%20statutory%20exceptions%20supporting%20the%20placement%20of%20an%20order%20or%20establishment%20of%20a%20FSS%20BPA%20that%20exceeds%20the%20SAT%20on%20a%20sole%20source%20basis%20are%3A https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=The%20need%20is%20of%20such%20unusual%20urgency%20that%20following%20the%20procedures%20would%20result%20in%20unacceptable%20delays%20in%20fulfilling%20that%20need%3B https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(ii)%20Only%20one%20source%20is%20capable%20of%20providing%20the%20products%2C%20services%2C%20or%20solution%20required%20at%20the%20level%20of%20quality%20required%20because%20the%20products%2C%20services%2C%20or%20solutions%20are%20unique%20or%20highly%20specialized%3B https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(iii)%20The%20order%20should%20be%20issued%20on%20a%20sole%20source%20basis%20in%20the%20interest%20of%20economy%20and%20efficiency%20because%20it%20is%20a%20logical%20follow%2Don%20to%20an%20FSS%20order%20already%20issued%20on%20a%20competitive%20basis%3B https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(iv)%20It%20is%20necessary%20to%20place%20the%20order%20with%20a%20particular%20FSS%20contractor%20to%20satisfy%20a%20minimum%20guarantee%20established%20in%20the%20FSS%20BPA%3B%20or https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(v)%20A%20law%20expressly%20authorizes%20or%20requires%20that%20the%20purchase%20be%20made%20from%20a%20specified%20source.

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If applicable, explain the FSS contractor’s unique qualifications, nature of the acquisition that requires use of the same contractor as part of a logical follow-on, or reasons for urgency and how using the procedures would result in unacceptable delays. This is the most important part of the justification because it demonstrates the prospective contractor has unique qualifications and/or specialized capabilities or expertise not prevalent elsewhere on the schedules. You must explain what unique qualifications and special capabilities the contractor possesses.

In instances where an urgent and compelling need exists, discuss the nature of the urgency. Discuss how any follow-on work will be competed (mandatory). Also provide supporting rationale and a concise description of the extent, nature, and impact of the unacceptable delay.

4. DETERMINATION BY THE CONTRACTING OFFICER. <Insert an explanation supporting why the proposed order or BPA represents a reasonable total price and will be the best value for the government consistent with GSAM/R 538.7102-2(d)(2) and 538.7104-2(a)(3).>

5. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND RESULTS. <Insert a description of the market research; i.e., the collection and analysis of product/service information on the technical capabilities and prices/costs from appropriate FSS contracts. If market research was not conducted, the reasons why should be stated. A statement must also be made that the supplies and services are available under FSS. If market research was not conducted, state why.>

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION. <Insert, as needed. When urgency is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the government that following schedule procedures would cause. When a logical follow-on is cited, include an estimate of the duplicative cost and methodology used to formulate the estimated cost.>

7. STATEMENT OF ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS

THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBESQUENT ACQUISITIONS.

<Insert a description, including challenges to restrictive data markings, data rights, etc. If planning a competition, include the estimated date when the competitive procurement will occur. If this is a follow-on order, state the measures initiated to eliminate or reduce competitive barriers.>

REVIEWS & APPROVALS: This justification must be signed by all parties as appropriate to the acquisition according to the below table. Approval levels are Agency determined.

VALUE APPROVAL AUTHORITY

$900,000 or below CO

> $900,000 Procuring Activity Competition Advocate https://www.acquisition.gov/fss-ordering-procedures https://www.acquisition.gov/fss-ordering-procedures

Unlimited Domestic Messaging Feature. 2) Netgear M7 Pro Tablets, Quantity 15. Services include, GOV Unlimited MRC Data for MIFI and Tablet.

Federal Student Aid requires continued uninterrupted mobile devices and wireless services to support critical ongoing agency operations. The requirement includes wireless voice and data service mobile devices account support and the related services needed to maintain reliable communications. The government intends to place the order with the current service provider for a base period of 12 months and one 12-month option. This approach provides immediate continuity while given the Government adequate time to plan and conduct a competitive follow-on acquisition.

The current provider has also advised that more favorable device pricing is available when devices remain in service for a minimum of two years. The proposed period of performance allows the Government to consider that pricing benefit while retaining the ability to decide whether exercising the option remains in the Government’s best interest.

The anticipated period of performance as as follows: Base 09/15/26-09/14/27, Option I 09/15/27-09/14/28. The total value of this action including (24 months) if options are exercised is $886,201.00.

Provide the rationale behind the selection of the above statutory exceptionRow1: The Government’s need has reached a point where using the normal competitive ordering process would create an unacceptable delay in maintaining these services. During market research, the Government reached out to other Federal Supply Schedule contractors and asked them to provide information about their ability to support the requirement. The outreach was intended to understand the market, available capabilities, possible solutions and the effort that would be required if the Government moved the services to another provider. The research showed that other companies may be capable of providing similar wireless services. The issue is not whether another company could eventually perform the work, the concern is whether a different provider could be brought on board, fully prepared and ready to support the requirement within the limited time that remains.

Moving to another provider at this point would require the Government and the new contractor to complete several transition activities or service could begin. Those activities could include confirming final requirements, establishing accounts, completing pricing and service configurations, coordinating device provisioning, transferring or establishing services, addressing technical and administrative requirements, and confirming that the new service is operational. There is not enough time remaining to complete those steps with a new provider without creating a meaningful risk to continuity service. The current provider already has the service structure, accounts, support processors, and operational arrangements in place. Continuing with the current provider avoids a new transition during this limited period, and allows the Government to maintain service while preparing the follow on requirement.

This justification is therefore not based on a conclusion that other scheduled contractors lack the technical ability to provide wireless services, it is based on the time currently available and the unacceptable delay in operational risk that would result from attempting to move the requirement to a different provider before continued service is needed. The proposed action gives the Government a practical way to address the immediate need while allowing sufficient time to prepare the next acquisition for competition.

4 DETERMINATION BY THE CONTRACTING OFFICER THAT THE ORDER REPRESENTS A FAIR AND REASONABLE PRICERow1: The Contracting Officer has determined that the final price is fair and reasonable. The Government has evaluated the proposed pricing using the information available for the Federal Supply Schedule contract, historical pricing, current service rates, applicable discounts, and other relevant pricing information. Additional discounts or pricing concessions was requested and received. The Government evaluated the pricing associated with the proposed base period and option period. The current provider has indicated that improved device pricing has been offered since devices will remain in service for at least two years. All pricing arrangements were considered as part of the overall price analysis.

Further, GSA has determined that the prices for supplies and services available under the Federal Supply Schedule (FSS) are fair and reasonable. Consistent with FAR Subpart 8.4 and GSAR 538.7104-3(b)(ii), the Contracting Officer (CO) has determined that this order represents the best value to the Government.

The Contracting Officer has negotiated, documented and determined that the final price is fair and reasonable.

5 DESCRIPTION OF MARKET RESEARCH CONDUCTED AND RESULTSRow1: The Government conducted market research to better understand the availability of mobile devices, wireless services, and related support from other Federal Supply Schedule contractors. As part of that research, other vendors were contacted and asked to provide information regarding their ability to support the requirement. The Government considered the information received to understand available capabilities and whether another provider could reasonably meet the agency's need.

The research indicated that other vendors may be able to provide comparable services. However, using another provider would require a transition that cannot reasonably be completed within the time now available. A change in providers would involve more than simply placing an order. The Government would need sufficient time to finalize the service approach, coordinate implementation, establish the necessary accounts and devices, address transition requirements, and confirm that service is ready before the current need must be met. Given the remaining schedule, attempting to complete those activities now would introduce an unacceptable risk of delay or disruption. The current provider is already positioned to continue the required services without introducing a new transition period.

Based on the results of the market research and the time remaining, the Government determined that continuing with the current provider is the most practical way to satisfy the immediate requirement. The Government will use the resulting period of performance to provide adequate lead time for the follow on acquisition.

6 ANY OTHER FACTS SUPPORTING THE JUSTIFICATIONRow1: Reliable mobile communications are needed to support ongoing Government operations. An interruption or delay in these services could affect employees and programs that rely on mobile connectivity to perform their responsibilities. The acquisition schedule is now compressed, and the Government does not have enough time to conduct another competitive ordering process and transition to a new provider before continued services are required. Although the Government considered other sources during market research, the remaining time does not reasonably allow for a new provider to complete the steps necessary to assume responsibility for the requirement without increasing the risk of a service disruption.

The current provider already supports the requirement and has the existing service arrangements and operational processes in place. Continuing the services for this interim period allows the Government to address the immediate need without introducing unnecessary transition risk.

7 STATEMENT OF ACTIONS IF ANY THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBESQUENT ACQUISITIONSRow1: This action is intended to address the Government's immediate need and is not intended to establish the current provider as the permanent source for these services. During the period of performance, the Government will continue acquisition planning for the follow on requirement. This will include refining the requirement, conducting additional market research when needed, developing the acquisition strategy, and establishing a schedule that provides sufficient time for competition and transition.

These actions are intended to provide the Government with a reasonable opportunity to compete the future requirement and avoid the circumstances that created the need for this interim action.