122 Redacted - Kynetec PIN JOFOC - JA (Signed).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with Revolutionary FAR Overhaul (RFO) 12.102, using the format at

RFO 6.104-11

1. RFO 6.104-1(a)(1), Identification of the agency and contracting

Agency: Environmental Protection Agency Contracting Activity: Office of Finance and Administration (OFA)

Office of the Chief Procurement Officer (OCPO) Water, Tribal, & Science Division (WTSD)

Project Title: Agricultural Pesticide Usage Data License and Access Purchase Order No.: 68HERH24P0009

2. RFO 6.104-1(a)(2), Nature and description of action being approved:

The Agricultural Pesticide Usage Data License and Access purchase order was awarded on a sole source on October 18, 2023. This purchase order was issued with a performance period of three years, including a base period of performance, and two option periods. The

Pollution Prevention (OCSPP) Office of Pesticide Programs (OPP) Biological and Economic Analysis Division (BEAD) with a database subscription to the FarmTrek database, and pesticide market survey data for the years 1998 through 2024 and the associated Percent Crop Treated files. Prior to exercising option period two, the Agency reduced the scope of work to include database access only, and to not receive the most recent pesticide usage data (the 2024 harvest year). This decision to reduce the scope of work was made option period exercise.

The purpose of this justification is to issue a sole source change order to the Agricultural Pesticide Usage Data License and Access purchase order. This change order will include a period of performance extension to add seven months of access to the FarmTrak database subscription, and will provide EPA with two additional years of pesticide usage data (2024 & 2025). This change order will be executed in accordance with the changes clause for commercial items, EPAAR 1552.312-4 Contract Terms and Conditions Commercial Items (FAR Deviation) (OCT 2021), paragraph c.

3. RFO 6.104-1 (a)(3), A description of the supplies or services required to meet the agency's needs (including the estimated value):

Prior to the EPA taking regulatory action for pesticides, studies are conducted on human health, environmental, economic and social impacts as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.C. §136 et seq. (1996). In order to adequately evaluate health, environmental, social and economic aspects of the use of alternatives for pesticides, a database containing the following information is required: accurate, current usage data for agricultural pesticides by year; crop treated; pesticide type; active ingredient; base acres treated; crop acres grown; percent crop treated; sample size; total pounds applied; number of farms treated; time, rate, and method of application; stage of pest infestation; pesticide prices and expenditures; target pest and pest complex;

1 This reference is to deviated Federal Acquisition Regulation (FAR) language for FAR Par 12 and FAR Part 6, in Support of Executive Order 14725 on Restoring Common Sense to Federal Procurement. All deviated FAR references can be found at FAR Overhaul - FAR Part Deviation Guidance| Acquisition.GOV.

and other related factors by designated region.

Kynetec offers a database, FarmTrak/I-map, that houses and provides EPA with access to the data necessary to conduct adequate health, environmental, social, and economic aspects of the use of alternatives for pesticides. This sole source change order will provide EPA OCSPP/OPP/BEAD with database subscription access to the current FarmTrak database for an additional seven months, as well as two additional years of pesticide usage data (2024 & 2025).

The change order contract modification will provide EPA OCSPP/OPP/BEAD with the following:

All crops/all pesticide types-database access Historical years - database access (1998-2025) 40 Kynetec FarmTrak/I-map Licenses 2024 & 2025 Percent Crop Treated Specialty and Row Crops AI, US and State level in Excel and Access with the following fields: crops, AI, acres grown, base acres treated, percent crop treated, total area treated, pounds AI, and sample size.225 Client service hours; 210 table fulfillment & 15 programming hours

6 days of on-site, FarmTrak and I-map Training (12 Sessions) Quality Assurance and Quality control measures performed by Kynetec before delivery of the dataset to the Agency. This includes but is not limited to:

Reviewing for large changes (increases or decreases) in values across a specific active ingredient, crop, etc. and identifying this to the Agency upon delivery

Notifying the Agency of any gaps in the dataset (for example, if a crop is unable to be surveyed for one year in one top acreage state for that crop) upon delivery

Providing a list of crops by active ingredient scenarios, at the national and state level, for which usage data in the year delivered is not recommended to be included in multiyear summary statistics for the crop by active ingredient scenario, and reasoning as to why upon delivery

Providing recommendations on the appropriate summary statistics and calculation methods for non-standard approaches (e.g., weighting procedures or regression method) for presenting data spanning both the AgroTrak and FarmTrak survey periods, upon delivery

Proposed Source: Kynetec USA Inc.

1807 Park 270 Drive Suite 300 Saint Louis, MO 63146

4. RFO 6.104-1(a)(4), Identification of the statutory authority permitting other than full and open competition:

FAR Citations: RFO 12.102(b), Table 12-1 authority citations for restricting competition, statute authority 41 U.S.C. 1901

RFO 12.201-1 authorizes the use of simplified acquisition procedures for commercial supplies and services for requirements valued up to $9 million. Pursuant to RFO 12.102(b), for acquisitions exceeding the Simplified Acquisition Threshold (SAT), a requirement may be solicited from a single source when a written justification is prepared and approved in accordance with RFO 6.104. Additionally, Table 12-1 (authority citations for restricting competition), referenced in RFO 12.102(b), identifies 41 U.S.C. 1901 as the statutory authority for the simplified procedures set forth in RFO 12.201-1.

5. RFO 6.104-1(a)(5), Demonstration that the proposed unique qualifications or the nature of the acquisition requires use of the authority cited:

The Agricultural Pesticide Usage Data License and Access purchase order included a 12 month base period and two 12 month option periods. Each period provided database access for 40 users, the historical FarmTrak pesticide use archive, and one annual update to the database to include the most recent year of pesticide usage data. The Agency intended to exercise option period two for full 40 user access and the 2024 FarmTrak update, however, budget constraints required a scope reduction at the time of option period exercise. As a result, the 2024 update was not acquired, and the Agency only retained 40 user access limited to the historical FarmTrak dataset (1998 2023).

The Agency requires continuous database access from October 2026 through May 2027 and pesticide usage data for calendar years 2024 and 2025. A seven-performance to cover access through May 2027 is necessary to ensure continuity of operations, preserve data, and avoid duplication of costs. Transitioning to another vendor for this period would require repurchasing subscription access already funded through October 2026, repurchasing pesticide usage data from 1998 2 ability to conduct refined risk assessment for pesticide chemicals under review. The incumbent is the only source positioned to provide uninterrupted access to the required database and the necessary pesticide survey data.

The Kynetec FarmTrak/I-map system and related PCT files provide access to current data for herbicides, insecticides, fungicides and other pesticides used on various major and minor agricultural sites. Kynetec updates their survey data each year while maintaining the integrity of their historical data, allowing a user to evaluate pesticide usage for over 20 years, which is both useful and necessary for EPA. The Kynetec FarmTrak/I-map systems and related PCT files provide current pesticide usage data on a large nationwide sample of approximately FarmTrak/I-map study collects agricultural chemical information for all of each year through collection of detailed data about their total farming operation.

Kynetec continually improves their survey methodology to increase their sample size and to ensure data accuracy.

Kynetec is the only known, responsible source to ensure requirements to adequately evaluate health, environmental, social, and economic usage of pesticides. Kynetec is unique among agricultural research firms, as no other research firm is known to survey farm level respondents on pesticide usage on an annual basis to amass the level of detailed information as Kynetec.

The vast amount of information obtained by Kynetec on the agricultural pesticide market is critical to the OPP/BEAD scientist for evaluating pesticide use.

OPP/BEAD scientists rely upon access to the Kynetec data daily to produce various deliverables for customers across the program office. It is imperative that risk-assessing divisions in OPP receive the most current pesticide usage information (2024-2025) for input into their risk assessments. Outdated usage information could result in imprecise modelling of human health and ecological risks. The most current pesticides, the introduction of new pesticides, and changing grower practices. If the Agency is unable to acquire the new dataset and an additional seven months of database access, the accuracy of risk assessments may be impacted, thus adversely affecting Agency decision-making.

6. RFO 6.104-1(a)(6) 6.303-2(b)(6), A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

To maximize efforts to ensure that offers are solicited from as many potential sources as possible, the Agency will publicize a notice of intent to award a sole-source contract extension to Kynetec on the Governmentwide Point of Entry (GPE) in accordance with RFO 5.101(a). All responses received by the stated deadline will be documented, evaluated, and retained in the market research file for consideration in this and future acquisitions.

7. RFO 6.104(a)(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

In accordance with RFO 12.204(a), the contracting officer must determine the price to be fair and reasonable. The contracting officer will evaluate the price by comparing the quote to the Independent Government Cost Estimate (IGCE) and to historical prices paid.

8. RFO 6.104(a)(8) ,The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

The Agency conducted the market research below prior to the purchase order award and updated the results of the market research in 2026.

Kline & Company, 2026:

Specialty Consultants LLC, 2026:

USDA National Agricultural Statistics Service (NASS): EPA uses publicly available agricultural data from USDA's NASS in conjunction with other data. EPA does not solely rely upon it, because NASS has limited data coverage (i.e., biennially or longer for some crops), and best estimates of pesticide usage require that EPA obtain the data for as many years as possible to reflect the actual usage of pesticides. The EPA continues to make use of existing data in the public domain. The EPA collects and maintains files of pesticide usage reports of individual states and national surveys published by USDA. In addition, EPA partially funds a cooperative agreement with USDA, to support efforts for the National Center for Food and Agricultural Policy (NCFAP). NCFAP collects, aggregates, and summarizes pesticide usage data available in the public domain. However, this information is incomplete, not timely and not fully adequate for the EPA's needs.

California Department of Pesticide Regulation Pesticide Use Data: EPA currently uses California's

Department of Pesticide Regulation Pesticide Use database to obtain agricultural data when it cannot be found in other sources. EPA uses it sparingly or in conjunction with other sources, because most

The drawback is the limited geographical scope of the data.

9. RFO 6.104-1(a)(9), Any other facts supporting the use of other than full and open competition:

The Agency has access to the historical FarmTrak dataset (1998 2023) through October 2026. To meet mission needs, the Agency requires continued access for an additional seven months (through May 2027) and the most current datasets for 2024 and 2025. Based on market research, no other responsible sources can meet these requirements. The Agency also reviewed potential duplication of services and the adequacy of publicly available data and found no viable alternatives. Accordingly, alternatives were considered and rejected for the following reasons:

EPA funded national survey: The EPA could fund surveys of agricultural pesticide usage. However, the costs of this type of survey impose budgetary constraints. Furthermore, USDA (cooperating with states) is the lead Agency for collecting primary pesticide usage data from farmers, as designated by OMB in the early 1980's.

Partial funding of USDA/State surveys: The EPA could partially fund USDA/State survey activities but would obtain only very small amounts of additional usage data, compared to that available from Kynetec due to the economies of multi-client support of their efforts. USDA/State surveys in the past have been lacking in coverage with respect to factors such as: crops surveyed, timeliness of reporting, geographic coverage and specifically, quantitative information other than quantity of chemical used (e.g., expenditures, application rates, numbers of users/non-users, target pest, application method, etc.). The USDA/State survey continues to upgrade its program, but at this time, cannot fully meet Agency needs.

Request data from pesticide registrants under FIFRA: Under the provisions of FIFRA and the Food

Quality Protection Act (FQPA) 7 U.S.C. §136 et seq. (1996), the Agency can require pesticide registrants to submit information necessary for the estimation of risks and benefits of pesticide usage through the issuance of Data Call In (DCI) notices, as part of the Registration Review process.

However, for information concerning pesticide usage and benefits, registrants are only required to submit information already available to them. In the past, the information submitted on chemicals of concern has been less than adequate. In addition, the use of DCI's offers no usage information on alternatives to the chemical of concern, necessary for estimation of benefits.

Alternative multi-client vendor: One firm, Mike Buckley & Associates, provides pesticide usage data for selected agricultural crops on a proprietary, multi-client subscription basis. That firm's survey includes a number of specialty crops which are covered by Kynetec.

To the maximum extent practicable, the Agency leverages publicly available data and will continue to collect and maintain state pesticide-use reports and USDA national survey datasets.

10. RFO 6.104-1(a)(10), A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

As of the date of this justification, no sources have expressed a written interest in this acquisition other than Kynetec.

11. RFO 6.104-1(a)(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services require:

To promote future competition, the Agency will post this justification to the Government Point of Entry (GPE) within 14 days of award in accordance with RFO 6.301(b). Any responses received will be documented and maintained as part of the market research record for planning follow-on acquisitions of the same or similar requirements. Before any subsequent procurements, the Agency will conduct market research (e.g., sources-sought/RFIs), and allow adequate time for acquisition planning to reduce the potential for limiting competition.

12. RFO 6.104(a)(12) Contracting officer certification that the justification is accurate and complete to

The Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief as noted by their signature below.

PROJECT OFFICER CERTIFICATION

Project Officer Certification

In accordance with RFO 6.104(b), Contracting officers require the support of the broader acquisition team when making decisions regarding competition. Technical and requirements personnel are responsible for providing, and certifying as accurate and complete, necessary data to support their recommendation for other than full and open competition.

___ ______________________ ________03/19/2026___________ Gisele Nighswander Date Contracting Office of Chemical Safety and Pollution Prevention (OCSPP)/ Office of Programs (OPP) Biological and Economic Analysis Division (BEAD)