009 FINAL JOFOC_ Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with Revolutionary FAR Overhaul (RFO) 12.102(b), statutory authority 41 U.S.C 1901, 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 and Non-agricultural Market Research Pesticide Usage

Data

Requisition No.: PR-OCSPP-26-00276

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

The purpose of this Justification for Other Than Full and Open Competition (JOFOC) is to justify the Agency�s requirement to award a sole source contract to Kline & Company for a 12-month base period, three (3) 12-month option periods, and one (1) six-month option to extend services under RFO 52.217-8.

Kline & Company provides primary market research services for both agricultural and non-agricultural pesticide usage data and maintains an established database containing historical pesticide usage information.

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):

The Environmental Protection Agency�s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) Office of Pesticide Programs (OPP) Biological and Economic Analysis Division (BEAD) requires annually updated primary market research reports for agricultural and non-agricultural pesticide usage data, historical pesticide usage reports, and access to those reports through an established searchable database.

For OCSPP/OPP/BEAD scientists to adequately evaluate health, environmental, social and economic aspects of the use of pesticides, the Agency acquires commercially available agricultural and non-agricultural market research reports. These reports are nationally-representative and cover a range of various agricultural and non-agricultural sectors including: animal production, aquatic areas, invasive weed control, electric utilities and pipelines, forestry, railroads, rangeland and pasturelands, roadways, stored grains, consumer/residential use, professional pesticide applicators, turf (including golf courses, residential turf, and institutional turf), ornamental plants, food handling establishments (such as restaurants, institutional facilities, food processing plants, food storage warehouses), and mosquito control. In addition, the reports include accurate current usage data for agricultural and non-agricultural pesticides by year, pesticide type, active ingredient, acres treated, total pounds applied, timing, and

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.

(GPE) at Sam.gov. The Agency reviewed all responses received and analyzed the results of its industry outreach and identified one company with unique qualifications that could meet the needs of this requirement: Kline & Company (refer to section 8 of this document). Kline & Company provides primary market research for both agricultural and non-agricultural pesticide usage data and maintains an established database containing historical pesticide usage data. The company has experience providing niche agricultural and non-agricultural pesticide market research data since the 1980s.

The accuracy of this market research data is critical because EPA scientists use it to create risk assessments for regulatory decision makers.

Kline & Company�s agricultural and non-agricultural market research studies provide current data on use of various pesticides (herbicides, insecticides, fungicides, etc.) for all of the agricultural and non-agricultural market segments that the Agency requires: animal production, aquatic areas, invasive weed control, electric utilities and pipelines, forestry, railroads, rangeland and pasturelands, roadways, stored grains, consumer/residential use, professional pesticide applicators, turf (including golf courses, residential turf, and institutional turf), ornamental plants, food handling establishments (such as restaurants, institutional facilities, food processing plants, food storage warehouses), and mosquito control. Kline & Company provides both annual and periodical updates to their reports (depending on the report type) and maintains a database � the �myKLINE� database.

Since the Agency requires primary market research reports for niche agricultural and non-agricultural markets, it is essential to establish a contract with a company that can reach this target audience.

OCSPP/OPP/BEAD scientists use the market research data in their risk assessment reports therefore, it is essential that the data be accurate and reliable. The market research data collected for the agricultural and non-agricultural pesticide market segments is niche, and Kline & Company is the only known vendor that can meet the needs of the Agency�s requirements. Kline & Company has the capability to collect the primary research for all the required agricultural and non-agricultural markets and can provide the Agency with historical data that dates back over ten years.

It is imperative that risk-assessing divisions in OPP receive the most current pesticide usage information possible for input into their risk assessments. If EPA is unable to purchase updated agricultural and non-agricultural research data, outdated usage information could result in imprecise modelling of human health and ecological risks. Current data reports are critical for EPA�s scientists to understand the effects of implemented mitigation for existing pesticides, the introduction of new pesticides, and changing grower practices. Not having the most up to date usage data could lead to less accurate risk assessments and less informed decision-making.

6. RFO 6.104-1(a)(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 solicit offers from as many potential sources as possible, the Agency posted a Request for Information (RFI) on the General Services Administration�s (GSA) eBuy! platform and the Government Point of Entry (GPE) at Sam.gov. The results from the RFI are documented in section 8 of this document.

The Agency also publicized a notice of intent to award a sole source contract to Kline & Company on the GPE, in accordance with RFO 5.101(a). The notice of intent to sole source was publicized on August 21, 2026, and closed on August 31, 2026. The Agency did not receive any capabilities statements in response to the notice of intent to sole source.

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 market research for this acquisition by communicating with industry and posting a Request for Information (RFI) to GSA eBuy! and to Sam.Gov. The results from the market research are summarized below.

The Agency both researched and contacted known vendors that provide similar agricultural and pesticide usage data reports. The Agency also reviewed publicly available sources for pesticide usage data reports.

The result of this review is provided below:

The Agency posted a Request for Information (RFI) on GSA eBuy on June 8, 2026, with a closing date of June 15, 2026. In addition, the Agency also posted an RFI on SAM.gov on June 5, 2026, with a closing date of June 12, 2026.

The results of both RFIs are below:

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

There is no other known source that can provide the type of agricultural and non-agricultural pesticide usage information for EPA scientists to evaluate human health, and the environmental, social, and economic aspects of pesticide use. Kline & Company�s myKLINE (database) agricultural and non-agricultural market research data is considered the best available to support the Agency�s on-going assessments. As a current subscriber, the Agency requires access to the database to receive the most recent data and the datasets for comparison purposes from the years of 2012 to 2025.

The Agency has considered additional possible alternatives to this proposed purchase, however the alternatives did not meet EPA�s minimum needs as addressed below:

EPA funded national survey: EPA considered funding surveys of agricultural and non-agricultural pesticide usage. However, the costs are far beyond the funds available at the EPA for such data.

Furthermore, Kline & Company is the leading company for collecting agricultural and non-agricultural usage data for a variety of markets.

Partial funding of USDA/State surveys: EPA considered partially funding USDA/State survey activities but would obtain only very small amounts of additional usage data, compared to that available from Kline & Company. This is due to the economies of multi-client support of Kline & Company�s survey efforts. USDA/State surveys lack coverage of agricultural and non-agricultural sites other than nursery and floriculture, timeliness of reporting, and economic information such as expenditures, target pests, application method, etc. USDA/State continues to upgrade its program, but cannot fully need Agency needs, even if the Agency were to spend considerable funds to support their efforts.

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

Quality Protection Act (FQPA) 7 USC. §136 et seq. (1996), the EPA 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 was less than adequate in terms of usage information. For example, 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: The EPA continues to encourage other potential vendors to submit capability statements for similar types of pesticide usage data.

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

Through market research efforts, other companies did express an interest in this acquisition. However, after reviewing all submissions, the Agency identified several common capability gaps among respondents. While some firms could collect primary data, they did not have an established database (or records system) containing historical agricultural and non-agricultural pesticide usage data. Some respondents proposed building a custom database however, the Agency requires a commercial-off-the-shelf solution rather than a customized database. In addition, firms proposing database development generally had limited or no experience collecting primary data for niche agricultural markets and would have needed to rely on subcontractors to obtain the data. Other companies lacked primary data collection capabilities altogether and would have depended entirely on subcontractors to perform the work.

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 best of the Contracting Officer�s knowledge and belief

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.

__________________________________________ __________09/01/26_____________ Raubie Raiford Date Contracting Officer�s Representative (COR) Office of Chemical Safety and Pollution Prevention (OCSPP)/ Office of Programs (OPP) Biological and Economic Analysis Division (BEAD)

REVIEWS AND APPROVALS

In accordance with RFO 6.104-1(a)(12) and RFO 12.102(b), Table 12-1, statute authority 41 U.S.C. 1901, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Prepared and Recommended By:

Kareen Mansfield Date Contracting Officer Office of Finance and Administration (OFA) Office of the Chief Procurement Officer (OCPO) Water, Tribal & Science Division (WTSD)

Approved By:

Kevin Logan Date Branch Manager/ Contracting Officer Office of Finance and Administration (OFA) Office of the Chief Procurement Officer (OCPO) Water, Tribal & Science Division (WTSD)

9/2/26