The agreement does prevent the IRS from creating a free filing system, but requires the private companies involved to produce a free filing system for 60% of filers which is currently anyone making under $66,000 per year. Functionally this amounts to the IRS outsourcing the development and operating costs of the system to the private companies involved. In turn this means the folks paying those companies for filing, ostensibly meaning those making over $66,000 a year, are paying the tax filing costs of those making less.
I don't think this is a particularly bad deal given how awful the government is at building things like this, look at the cost of HealthCare.gov as an example. Where I take issue with the agreement is that it should have put in place requirements to promote/advertise the free option to anyone qualified for it.