1 2026 ED JEFO > SAT RFO 16.5 Form v1

U.S. Department of Education

Sensitive in accordance with 32 CFR Part 2002

CONTROLLED UNCLASSIFIED INFORMATION

WHEN FILLED IN

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (JEFO)

REVOLUTIONARY FAR OVERHAUL (RFO)

ORDERS PLACED OR BLANKET PURCHASE AGREEMENTS (BPAS) ESTABISHED

AGAINST MULTIPLE-AWARD INDEFINITIVE DELIVERY/INDEFINITE QUANTITY (IDIQ)

CONTRACTS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD (SAT)

CONTRACT INFORMATION

PROCUREMENT TITLE:

ACTION ID NUMBER: ESTIMATED VALUE:

PRINCIPAL OPERATING COMPONENT (POC):

i. IDENTIFICATION OF CONTRACTING ACTIVITY.

ii. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

iii. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS.

2 2026 ED JEFO > SAT RFO 16.5 Form v1

Sensitive in accordance with 32 CFR Part 2002

CONTROLLED UNCLASSIFIED INFORMATION

WHEN FILLED IN

iv. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE

SUPPORTING RATIONALE.

The exception supporting the placement of an order or an establishment of a BPA is:

Provide the supporting rationale including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

v. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT REPRESENTS A FAIR AND REASONABLE.

vi. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

vii.

ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES AND SERVICES IS MADE.

3 2026 ED JEFO > SAT RFO 16.5 Form v1

Sensitive in accordance with 32 CFR Part 2002

CONTROLLED UNCLASSIFIED INFORMATION

WHEN FILLED IN

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 - $20,000,000

I have reviewed and approve this justification.

HEAD OF CONTRACTING ACTIVITY (HCA) > $20,000,000 - $90,000,000

I have reviewed and approve this justification.

SENIOR PROCUREMENT EXECUTIVE (SPE) > $90,000,000

I have reviewed and approve this justification.

4 2026 ED JEFO > SAT RFO 16.5 Form v1

Sensitive in accordance with 32 CFR Part 2002

CONTROLLED UNCLASSIFIED INFORMATION

WHEN FILLED IN

INSTRUCTIONS FOR COMPLETING

This form is to be completed by POC Program Offices to prepare a written justification required by the deviations at RFO 16.507-6(d)(2) when placing orders against multiple-award IDIQ contracts that exceed the SAT without using fair opportunity procedures. This form must be signed by all applicable offices and officials.

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>

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

ii. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: <Describe the type of action being issued; e.g., order for supplies, services that do or do not require a statement of work (SOW). Also, identify the contemplated contract type; e.g., firm-fixed-price or time-and-materials. Provide sufficient information so the reviewer clearly understands the approach under consideration.>

iii. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS:

<Provide a clear and concise description of the supplies and/or services to be procured, including the delivery schedule and/or PoP (including all option periods). This provides the reviewing and approving official(s) with a better understanding of the scope, magnitude, and complexity of the requirement.>

iv. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE SUPPORTING RATIONALE:

The statutory exception supporting the placement of an order or an establishment of a BPA against MA/IDIQ contracts that exceeds the SAT as implemented by RFO 16.507-6(b) is: <select exception from drop-down>:

• 16.507-6(b)(1) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

• 16.507-6(b)(2) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

• 16.507-6(b)(3) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

• 16.507-6(b)(4) – It is necessary to place an order to satisfy a minimum guarantee.

• 16.507-6(b)(5) – For orders exceeding the SAT, a statute expressly authorizes or requires that the purchase be made from a specified source.

This should be the same authority that was cited in the opening statement of the justification.

In all cases, this must include an explanation of the contractor’s unique qualifications, nature of the acquisition that requires the use of the same contractor as part of a logical follow-on, or reasons for urgency and an explanation of how using the procedures would result in unacceptable delays. This is the most important part of the justification because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise not prevalent with other contractors.

In instances where an urgent or 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.

If the logical follow-on exception is used, you must describe why the relationship between the initial order and follow-on is logical (e.g., in terms of scope, PoP, or value).

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=delivery%20order%20file.-,16.507%2D6%20Exceptions%20to%20fair%20opportunity.,-(a)%20Procedures https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=source%20basis%20are%3A-,(1),-The%20agency%20need https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=(2)%20Only%20one%20awardee%20is%20capable%20of%20providing%20the%20supplies%20or%20services%20required%20at%20the%20level%20of%20quality%20required%20because%20the%20supplies%20or%20services%20ordered%20are%20unique%20or%20highly%20specialized.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=(3)%20The%20order%20must%20be%20issued%20on%20a%20sole%2Dsource%20basis%20in%20the%20interest%20of%20economy%20and%20efficiency%20because%20it%20is%20a%20logical%20follow%2Don%20to%20an%20order%20already%20issued%20under%20the%20contract%2C%20provided%20that%20all%20awardees%20were%20given%20a%20fair%20opportunity%20to%20be%20considered%20for%20the%20original%20order.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=(4)%20It%20is%20necessary%20to%20place%20an%20order%20to%20satisfy%20a%20minimum%20guarantee.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6:%7E:text=(5)%20For%20orders%20exceeding%20the%20SAT%2C%20a%20statute%20expressly%20authorizes%20or%20requires%20that%20the%20purchase%20be%20made%20from%20a%20specified%20source.

5 2026 ED JEFO > SAT RFO 16.5 Form v1

Sensitive in accordance with 32 CFR Part 2002

CONTROLLED UNCLASSIFIED INFORMATION

WHEN FILLED IN

If an order is placed to satisfy a minimum guarantee, specify the amount of that guarantee and the amount that has been ordered to date.

If a statute authorizes or requires the purchase, cite the specific language from the statute and how it applies to this order.

If the order is for a brand name item (items peculiar to one manufacturer), use the requirements of RFO 16.507-6(d)-(e), modified to show the brand name justification. A brand name justification is required unless a justification covering the requirements in the order was previously approved for the contract in accordance with RFO 6.103-1(d) or the base contract is a single-award contract awarded under full and open competition.>

v. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT REPRESENTS A FAIR AND REASONABLE. <Provide a narrative of the measures performed by the contracting officer (CO) to ensure the costs and/or prices will be fair and reasonable before negotiations commence. Provide any information, such as commercial price lists or prior acquisition history, that will help the CO determine that the anticipated cost is fair and reasonable.>

Note: This paragraph should always begin with a sentence similar to: “The CO determines that the anticipated price(s) will be fair and reasonable based on…” By signing the justification, the CO determines that the costs/prices to the government are expected to be fair and reasonable.

vi. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: Complete if applicable.

• When RFO 16.507-6(b)(1) is cited: <provide data, estimated cost, or other rationale as to the extent and nature of the harm to the government that following fair opportunity procedures would cause.>

• When RFO 16.507-6(b)(3) is cited for logical follow-on: <include an estimate of the duplicative cost and methodology used to formulate the estimated cost.>

vii. ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED

TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES AND SERVICES IS MADE. <Describe actions taken or that will be taken to remove or overcome any barriers to fair opportunity before any subsequent acquisitions for the supplies or services required, including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, etc. If planning a competition, include the estimated date when the competitive procurement will occur.

REVIEWS & APPROVALS: This justification must be signed by all parties as appropriate to the acquisition according to the below table as referenced in RFO 16.507-6(e).

VALUE APPROVAL AUTHORITY

$900,000 or below CO

> $900,000 - $20,000,000 PACA (not delegable)

> $20,000,000 - $90,000,000 HCA

> $90,000,000 SPE (not delegable) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_103_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507_6 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_507:%7E:text=to%20the%20order.-,(e),-Approval.(1

Untitled ii NATURE ANDOR DESCRIPTION OF THE ACTION BEING APPROVED: FSA will issue a logical follow-on task order tin accordance with Federal Acquisition Regulation 16.507-6(b)(3) – Logical follow-on to Accenture Federal Services LLC for the continued operation, maintenance, and enhancement of its student, borrower, and partner platforms.

A statement of work will be used to procure the services under the National Institute of Health Technical Assessment and Acquisition Center (NITAAC) Government-Wide Acquisition Contract (GWAC).

The resulting task order will use a hybrid contract structure that combines Firm Fixed Price (FFP) and Time and Materials (T&M) contract types.

AGENCYS NEEDS: FSA requires uninterrupted continued contractor support for the operation, maintenance, and enhancement of its student, borrower, and partner platforms. These platforms underpin the primary digital interface for millions of borrowers, applicants, and schools, making continued support necessary to sustain platform operations and service continuity.

The Period of Performance will be up to 27 months as listed below.

Assessments & Enhancements September 25, 2026 – February 19, 2027 (5 months) Base Period February 20, 2027 – February 19, 2028 (12 months) Option Period(s) February 20, 2028 – December 19, 2028 (up to 10 months) qualifications or the nature of the acquisition requires use of the exception cited: Accenture Federal Services LLC has operated and enhanced FSA's student, borrower, and partner platforms for more than eight (8) years and has developed extensive institutional knowledge of the environment. The incumbent contractor’s unique qualifications include knowledge of:

• Existing system architecture and interdependencies;

• Proprietary or contractor-maintained architecture artifacts and technical implementation details;

• Undocumented interfaces and operational dependencies;

• Production deployment procedures and release practices;

• Legacy code, data pipelines, and integration patterns;

• Existing credentials, access procedures, and environment-specific operational controls;

• Security authorization history and control implementation context;

• User support trends, call center integration points, and recurring operational issues; and

• Incident response procedures, escalation paths, and historical incident context.

The initial and logical follow-on orders are the same scope, size, and complexity and are considered a continuation of work.

COST TO THE GOVERNMENT REPRESENTS A FAIR AND REASONABLE: The Contracting Officer (CO) will determine the price to be fair and reasonable based on

• Analysis of historical spend and the Independent Government Cost Estimate (IGCE);

• Review of NITACC negotiated labor categories, labor rates, and proposed discounts as applicable; and

• Comparison of historical data, current requirements, and anticipated continuity and enhancement needs.

By signing the justification, the CO determines that the price to the government are expected to be fair and reasonable.

vi ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: Estimate of Duplicative Costs FSA estimated $23M for transition costs with a new vendor. The transition cost estimate was based on 37% of the base-year effort. This percentage reflects base-year costs, labor rates, and a five month transition period during which the new and existing contractors would operate concurrently. This overlap results in duplicated costs, including staffing and other required resources. However with the logical follow-on we will avoid the duplicative costs.

The methodology used translated Full Time Equivalent (FTEs) into labor hours, the standard annual conversion of 1,920 hours per FTE was used. Multiplying 61 FTEs by 1,920 hours results in 117,312 total hours required during the transition. A weighted average labor rate of $196.30 per hour was then applied to these hours to determine the associated cost. When the 117,312 reduced hours are multiplied by the weighted rate, the calculation results in a cost avoidance of $23,028,505. This figure represents the savings realized due to the lower staffing requirement of the logical follow-on compared to the level of effort of on-boarding a new vendor.

ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES AND SERVICES IS MADE: During performance of the proposed follow-on task order, FSA will take the actions listed below to remove or overcome the barriers that led to the need for this exception to fair opportunity by December 2028.

•Data and Technical Rights: Capture, confirm, and enforce the Government’s data rights and technical rights in deliverables, source code, documentation, and related artifacts necessary to support future competition and transition.

• Documentation and Knowledge Transfer: Require comprehensive documentation for structured knowledge transfer.

• Decomposition of Tightly Coupled Services: Continue the technical and operational work necessary to decouple the tightly integrated student, borrower, and partner services and separate application groups into more independently managed, released, and supported units.

• Transition-Out Requirements: Develop and enforce transition-out requirements that require the incumbent contractor to support future transition planning, transition execution, knowledge transfer, data hand-off, artifact delivery, and incoming contractor onboarding.

• Milestone-Based Re-Competition Readiness: Establish milestones for documentation completion, modularization, transition readiness, and acquisition planning so that FSA can track progress toward future competition.

• Government Oversight Capacity: Strengthen FSA technical oversight capacity so that FSA can more effectively manage contractor performance, validate technical artifacts, assess transition readiness, and reduce dependency on incumbent contractor-held knowledge.

• Modular Acquisition Planning: Develop a credible, time-bound plan for recompeting DCC/PPO services in a more modular manner, including identification of logical service groupings, sequencing, transition dependencies, and acquisition milestones.

• Operational Dependency Reduction: Identify and reduce incumbent contractor-specific operational dependencies, including unique deployment knowledge, access dependencies, and incumbent contractor-specific tooling or practices that could impede future competition.

• Security and Access Readiness: Identify security authorization, access, credentialing, and environment-readiness requirements that must be addressed to support future transition to a new contractor or multiple contractors.

• Ongoing Review of Option Periods: Before exercising any option period, FSA will assess whether continued sole-source performance remains necessary or whether the requirement (or a portion of the requirement) is ready for competition.