Redacted_JA_P89_Servo_Valve.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

SOURCE SELECTION SENSITIVE

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C. The Period of Performance Sept 2025 to 2026.

D. Delivery schedule of 10 per month after award of contract.

E. The Contract Line Item Number (CLIN) structure will not include separately priced CLINs for intellectual property (IP) or IP rights. Moog has refused to sell any data rights to the government.

F. Total estimated cost is The estimate is based on Moog's Rough Order of Magnitude cost provided to the US Government on 07 APR 2025. The contracting action will use 4930 CSAG-S Working Capital Funds.

G. Pursuing intellectual property (IP) rights for the P98 Servo valve is unjustified and impractical under the current circumstances. The government's prior procurement of repair services explicitly excluded the acquisition of IP rights, establishing a clear precedent and confirming the contractor's retained ownership.

This position is further reinforced by the contractor's explicit refusal to sell the necessary data rights.

Moreover, the government lacks the fundamental technical data, specialized tooling, testing equipment, and dedicated facilities required to leverage the IP even if acquired. Procuring the IP rights without the capacity to utilize them represents a wasteful allocation of public resources and offers no tangible benefit to the government's maintenance or repair capabilities for the P98 Servo valve.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

Statutory authority permitting other than Full and Open Competition is 10 U.S.C. 2304 (c) (1) as implemented by Federal Acquisition Regulation(FAR) 6.302-1(a)(2)(iii), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

A. The above authority was selected because the requirement is for continued repair of highly specialized assets. They are highly specialized because they control the direction of the ICBM booster during the boost phase. The critical capability to control flow of hydraulic fluid and nozzles ensures that missile trajectory stays on course until it clears the atmosphere. Therefore, this acquisition will be for the continued repair of highly specialized assets.

B. Moog is the only source that can inspect, repair/refurbish and test these assets at this level of tear-down because they possess the technical data, specialized tooling, testing equipment, and facilities to accomplish task. Moog owns the data rights to the stage I servo injectors assembly and lower sub-assemblies. The government does not own any data needed for this effort. The government has made multiple attempts to obtain the data rights from Moog. The most recent attempt to acquire the data rights was on 26 Mar 2025.

Moog responded on 01 Apr 2025 stating. No, Moog will not provide or sell propriety information related to the design, manufacture, or repair of Moog Servo Valve NSN 1420009731170.

C. 414th SCMS estimates the cost to reverse engineer the injector assembly and identify repair requirements to including cost of equipment, development of special testing requirements and creation of technical drawings would be . The government anticipates a reverse engineering project would take 4 years to complete based upon the time to perform the engineering study, develop specification drawings, manufacture, and test the refurbished components to the established performance specification of the flight control it is installed on.

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D. Accordingly, Moog is the only company capable of providing the repair services described in Section III above without the 414th SCMS experiencing substantial duplication of cost that could not be expected to be recovered through competition and an unacceptable delay would occur in fulfilling program requirements to sustain weapon system capability.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A. Sources Sought Synopsis was posted to FEDBIZOPS on 20 March 2025 with a closing date of 06 April 2025.

B. No vendors responded.

C. Synopsis - this requirement will be synopsized in SAM.GOV as a notice of contract action IAW FAR 5.201.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

A. The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) - Cost Accounting Standards,- Contract Cost Principles and Procedures,- Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Final Step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

A. Market Research was conducted by the 414th engineer on 06 March 2025. The Market Research strategy focused on gathering information to support whether another source could reasonably be qualified, is interested, or has the capabilities to perform this repair/refurbishment effort. Research included Government Databases (FPDS-NG, FAPISS, PPIRS, CPS, GSA, SBA Databases etc.), Contacting known source of products or services working similar servo systems for other Air Force systems. In addition, the Government's Purchase Request Process System (PRPS) was also searched in which the results showed the only viable source as the OEM, Moog, Inc.

B. Market Research concluded that there are no additional sources capable of meeting the government's requirement at this time and Moog, Inc is the only known source capable of satisfying the government requirements.

C. The ICBM Booster Flight Control System is unique to the United States Government Nuclear Weapons Program and as such does not have a commercial off-the-shelf source of repair/refurbishment. No commercial or non-developmental items are available with similar form, fit, or function parameters that can be used to satisfy the agency's need.

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The servo assembly repair/refurbishment identified in section III is currently not a candidate for organic repair because the government does not possess data rights and specialty equipment sufficient for organic stand-up.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

A. The government does not have the expertise or the specialized equipment to test or repair the P89 stage 1 servo-valves.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section V above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

A. Moog is the only source that owns the data, special tooling, test equipment, and facilities needed to repair/refurbish these items. The government will annually request to purchase the rights to the data needed to repair/refurbish these items from the OEM.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.