By Emelie Rutherford

The Pentagon looks to have won the battle with powerful lawmakers who charged it scaled back congressional plans for buying parts for future F-22 Raptor jets before the change in presidential administrations.

As planned, the Pentagon on Nov. 26 announced the Air Force awarded a contract to Lockheed Martin [LMT] for the advance buy of components for four Lot 10 F-22 stealth fighters, with $49 million obligated to date. The contract includes an option for advance procurement of 16 more Raptors, according to the announcement.

The heads of the House Armed Services Committee (HASC), House Appropriations Defense subcommittee (HAC-D), and Senate Appropriations Defense subcommittee (SAC-D) wanted the Pentagon to spend more money for parts for 20, not four, future F-22s. They charged the Pentagon was disobeying congressional direction regarding the aircraft with an uncertain future.

President-elect Barack Obama’s administration–which confirmed yesterday it will keep as defense secretary Robert Gates, who has opposed buying more than four F-22s beyond the 183 on contract–will weigh in on the stealth fighter’s fate as soon as January.

Congressional aides said yesterday that while there are potential scenarios for obligating the money for the additional 16 F-22s’ parts before the Obama administration arrives Jan. 20, those scenarios are very unlikely.

Lawmakers “lost,” one source said.

HAC-D Chairman and F-22 supporter Rep. John Murtha (D-Pa.), who was overseas yesterday on a fact-finding trip, is expected to weigh in on the F-22 matter. He met with Air Force Chief of Staff Gen. Norton Schwartz the week before Thanksgiving. During the same week he and the other “big four” congressional appropriators sent Gates a letter chastising the Pentagon’s move to not use money they appropriated for buying parts for 20 future F-22s (Defense Daily, Nov. 21).

The FY ’09 defense authorization and appropriations acts together allow the Pentagon to spend up to $140 million in advanced monies for 20 F-22s to be purchased in FY ’10. After approval from Obama no later than March 1, another $383 million can be spent on long-lead parts, under the authorization measure.

Yet Pentagon leadership has hesitated to continue the F-22 production line, and Young on Nov. 10 issued an acquisition decision memorandum (ADM) calling for the up-to-$50 million parts purchase for four future aircraft, leaving the advanced buy for the 16 other F-22s in the Obama team’s hands.

Lawmakers maintain delaying until next year the purchase of long-lead items for 16 of 20 F-22s will add hundreds of millions of dollars in procurements costs, if the aircraft ultimately are purchased (Defense Daily, Dec. 1).

However, those cost estimates were attributed in part to higher costs incurred by not buying titanium for all 20 aircraft in one contracting action in November 2008.

Sources said Young early last week signed another ADM approving the purchase of long-lead titanium plate and ingot for up to 20 F-22s as part of the $50 million obligation.

“The Air Force’s review of the F-22 production program suggested that the availability of these titanium materials could be important to stability and continuity of the F-22 production line if 20 additional aircraft are purchased,” states a draft announcement from Young provided by sources. The ADM, it says, prohibits machining and forging parts for the additional 16 aircraft before the Obama administration weighs in. The titanium alternatively can be used for Lockheed Martin’s F-35 Joint Strike Fighter as well, the draft notes.

“The Department is taking all appropriate actions on F-22 to allow the next administration to decide the future of F-22 production without having to consider either large sunk costs or significant airframe cost increases,” the draft release says. “These decisions are consistent with careful use of taxpayer dollars and with the Congressional direction on F-22 advanced procurement.”

With such an ADM, the Office of the Secretary of Defense might argue it did indeed follow Congress’ direction to provide advanced funding for 20 F-22s, sources said.

The Bush administration is recommending the Obama administration request funds from Congress to outright buy four F-22s in the next FY ’09 war-funding supplemental bill, growing the fleet to 187 Raptors.

Republican members of the Senate Armed Services Committee also have written to the Pentagon criticizing its recent F-22 actions.