Phonak Brand Name JA_Redacted.pdf

Requisition Number: Version 1.0 Page 1 of 8

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (STATE

AUTHORITY E.G., 10 U.S.C. 2304 (C)(1) OR 41 USC 253)

Requisition Number:

Date: 8/22/2025 Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for a Roger Security Device on behalf of the Bureau.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The proposed action is to acquire Phonak Roger Covert 2.0 and Roger Covert Dual C. This procurement will be advertised on Beta.sam.gov as a brand name only requirement. The resultant contract is intended to be awarded as a brand-name, one-time, firm-fixed price purchase order for Fiscal Year (FY) 2025.

3. A description of the supplies or services required to meet the agency’s needs.

The FBI has a need to procure Phonak Roger Covert 2.0 earpieces and Roger Covert Dual C to support their divisions’ covert communication efforts. The Roger will be used in conjunction with specialty radios to enhance covert posture and improve discreet operational communications.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C 253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” – Application for Brand Name only.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

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The Roger Covert 2.0 and Roger Covert Dual C is manufactured by Phonak Communications.

Phonak and Dyplex Communications LTD have an exclusive distribution agreement, where Dyplex is the sole distributer to North America. Other North American dealers including Atlantic Signal LLC, Procom Communications, Gans & Pugh and Special Services Group LLC were all contacted. Although these companies were listed as dealers, some of them were unaware of the product in questions. Those that were aware, directed the FBI to Dyplex for the sale of the Rogers Covert 2.0. These earpieces will be used in conjunction with a very specific Motorola covert, low profile and easily cancelable radio, already owned by the Bureau, that works hand-in-hand with the Roger earpiece. The Rogers unit is most ideal given its noice cancelling ability which will aide in its field usage in real world scenarios needing high levels of OPSEC. Lastly, the Rogers also provides the ability for both a Blutooth and wired connection. Wired will be the sole usage at this time; however, having the Blutooth abitlity will come in handy down the road. So, having both options on hand is extremely beneficial.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This requirement will be posted on Beta Sam website (Beta.Sam.gov), as a brand name only, open market requirement utilizing the combined synopsis/solicitation procedure described in FAR 12.603. As stated in FAR 12.603(a) – “This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document.” This announcement will give an opportunity for authorized resellers of Phonak products to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated dollar value of this award is . Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

8. A description of the market research conducted and the results.

Significant market research efforts conducted by the FBI included a general market study of commercially available, non-custom, equipment advertised as providing covert hearing aids at a reasonable cost threshold. Sources for this information included, but was not limited to: broad searches of the internet; review of technical literature, GSA, and known suppliers.

9. Any other facts supporting the use of other than full and open competition.

Please see section five (5) above.

10. A listing of any sources that expressed a written interest in the acquisition.

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This requirement will be posted on Beta Sam website (Beta.Sam.gov), as a brand name only, open market requirement utilizing the combined synopsis/solicitation procedure described in FAR 12.603. This announcement will give an opportunity for authorized resellers of Phonak products to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The actions of the FBI to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional sources may become available and identifiable through market surveys, trade shows, magazine articles, collaboration with other Federal agencies, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid.