Performance Work Statement 2 (Updated).docx

Final Performance Work Statement (PWS)

1. Introduction & Background The operational readiness of II Marine Expeditionary Force (MEF) and other supported commands within Marine Corps Installations East (MCI-EAST) is increasingly reliant on the availability and rapid procurement of parts for its growing fleet of Group 1 Small Unmanned Aircraft Systems (SUAS). The current procurement landscape for these components is fragmented across the region, leading to procurement delays, a lack of supply chain visibility, and an increased risk of inadvertently acquiring parts non-compliant with the National Defense Authorization Act (NDAA).

This Performance Work Statement (PWS) establishes the requirement for a secure and efficient procurement vehicle to resolve these challenges. The goal is to consolidate the ordering of SUAS parts into a single contract vehicle for II MEF and other MCIEAST supported commands, providing them with enhanced visibility, improved supply chain security, and greater accountability for SUAS sustainment.

To achieve this, the Contractor shall provide and operate a commercially available, off-the-shelf (COTS), secure, web-based marketplace. (The Government’s intent is not for the quoter to develop a tailored solution to the Marine Corps’ requirement for the marketplace.) This marketplace will serve as a single point of entry for designated commands to nominate parts, fund the contractor's evidence collection service, and procure parts that have been formally certified as NDAA-compliant by the Government. Final NDAA validation authority remains solely with the Government. The Contractor shall not certify compliance.

2. Scope of Work

2.1. General Scope

The Contractor shall provide and operate a COTS secure, web-based marketplace for the sale and delivery of SUAS parts. The core service provided under this contract is the Contractor's role as a documentation agent, responsible for collecting evidence and preparing compliance packages that enable the Government to perform its own NDAA validation.

2.2. Operational Workflow

The workflow shall be a Government-directed process. The Government will nominate specific parts for review. Upon receiving a nomination, the Contractor shall execute the "NDAA Compliance Attestation and Evidence Package Preparation" process as detailed in Section 3.2. The Contractor will then be responsible for uploading the complete package directly into the Government's SRA Portal. The Government's designated validation authority (currently PMA-263) will then review the submission. The link for the PMA-263 Guidance can be found here: https://sra.navair.navy.mil/docs/ndaa-compliance/pma-263-guidance. Any specific guidance provided in this PWS regarding NDAA Compliance and PMA-263 guidance is considered informational and does not absolve the contractor from adhering to the guidelines on the PMA-263 website.

2.3. Pricing and Ordering Framework

2.3.1. General

This contract will utilize a hybrid pricing structure to distinguish between the evidence preparation service and the ongoing procurement of parts, which will be managed in a manner like a Contractor-Operated Parts Store (COPARS).

2.3.1.1. Ordering

The Contracting Officer will appoint a Government Technical Representative (GTR) upon award, who will be the only authorized individual to nominate parts on CLIN 0001, 1001, and 2001.

2.3.1.2. Delivery Orders

The Ordering Official will be determined at Delivery Order level.

2.3.2. NDAA Evidence Service (Firm-Fixed-Price)

The "NDAA Compliance Evidence Package Preparation" service will be ordered on a Firm-Fixed-Price (FFP) basis via a distinct CLIN or Delivery Order. To meet the legal requirements for an IDIQ contract, the Government will commit to a small, legally required minimum guaranteed quantity of these services (e.g., a minimum of 10 services over the life of the contract), which is typically satisfied by the first Delivery Order. The contract will also specify the estimated quantities and a maximum quantity (cap).

· Preliminary Assessment (Non-Billable): Upon receiving a nomination, the Contractor shall conduct a preliminary screening for obvious disqualifiers. If found, the Contractor will notify the COR, and this action will not count against the contract's quantities.

· Full Evidence Package Preparation (Billable FFP Service): If no disqualifiers are found, the Contractor is authorized to proceed with the full evidence package preparation service. This full service is the billable event under the FFP CLIN.

Submission of the complete compliance documentation package constitutes the billable event under CLIN 0001, 1001, 2001.

2.3.3. Part Procurement (Time & Materials - T&M)

The procurement of parts will be managed through Delivery Orders via Time & Materials (T&M) CLINs with a Not-to-Exceed (NTE) ceiling. There is no minimum purchase requirement for parts. The NTE ceiling represents the maximum value of parts that may be procured, not a spending commitment. The NTE ceiling may only be exceeded through bilateral contract modification of the TO.

2.3.3.1. Not-to-Exceed (NTE) Ceiling

This CLIN will function as a "charge account" for as-needed purchases. The total value of parts procured per Delivery Order shall not exceed the ceilings established in the table below. The total value of the Time & Materials (T&M) portion of this contract shall not exceed (NTE) $999,999.

2.3.3.2. Pricing Methodology & Surcharge

Prices shall be the same as the publicly available prices for each individual part ordered.

2.3.3.3. Fair & Reasonable (F&R) Price Determination

As each new part is approved for ordering by the government, its final, fully burdened price must be determined to be Fair and Reasonable (F&R) by the Contracting Officer. The final F&R price shall not exceed the price for the same item on the Contractor's publicly accessible commercial website. The Contracting Officer reserved the right to request additional pricing support to support the F&R determination.

3. Specific Tasks

3.1. Marketplace Platform

3.1.1. Operation: The Contractor shall operate its COTS marketplace as the channel for procuring Government-approved, NDAA-compliant SUAS parts.

3.1.2. User Interface: The COTS platform must provide standard e-commerce functionalities. The "NDAA Compliance Indicator" on a product page must clearly signify that the part has been formally approved by the Government's validation authority (PMA-263).

3.1.3. Commercial Security Standards: The platform must adhere to commercial best practices, including encrypting data in transit (TLS 1.2+), supporting Multi-Factor Authentication (MFA), and demonstrating a mature data protection program (e.g., SOC 2, ISO 27001).

The Contractor shall protect Government purchasing data and restrict access to authorized users only.

3.1.4. External Certification Authority (ECA) Certificate Requirement. Performance of this contract requires the Contractor to access a CAC-protected Government system (the SRA Portal). To meet this requirement, the Contractor shall, at their own expense, acquire and maintain valid DoD-approved External Certification Authority (ECA) certificates for all personnel responsible for uploading compliance documentation. These certificates must be of a sufficient assurance level to grant access to the portal. This is a mandatory technical requirement for contract performance.

3.2. NDAA Compliance

PMA-263 walks users through the NDAA Compliance verification process by providing definitions, background, and submission requirements at the link referenced in section 2.2 of this PWS. The specific portions are listed below:

PMA-263 determinations regarding NDAA compliance are both component AND version specific. Verification of NDAA compliance applies only to the specific hardware, firmware, or software instance (or combination thereof) evaluated and does not automatically extend to future versions or derivative products. This scoping is intentional. Ownership structures, supply chains, firmware behavior, and software provenance can change over time. Treating compliance as a static property introduces unacceptable risk.

Accordingly, NDAA compliance determinations should be revisited when component ownership/manufacturing changes, firmware or software versions are modified, or new information becomes available that affects compliance.

3.3. NDAA Compliance Attestation and Evidence Package Preparation The Contractor shall support the Government's compliance process by preparing a formal "Attestation of Compliance" document, along with all supporting evidence, for each nominated part and submitting it to the COR.

The Contractor shall ensure all documentation identified as “Required” in PMA-263 guidance is included prior to submission.

To demonstrate compliance, vendors must provide:

Required:

· Signed NDAA Attestation of Compliance identifying critical subcomponents, included operating software/firmware. This Attestation is a structured document that captures:

· The specific component and version being assessed

· Which critical component type it falls under

· The scope of the compliance determination

· References to all supporting evidence

· Certificate of Conformance (COC) when critical component (or subcomponent) is manufactured in multiple locations, and when at least one of those locations is in a covered foreign country

· High-resolution product images license-free; for use in identifying and mitigating the use of counterfeit/clone products

· SHA-256 hashes for all operating software/firmware Recommended:

· Country of Origin (COO) declaration for all critical components/subcomponents; serves as amplifying evidence supporting the NDAA Attestation of Compliance

· Hardware Bill of Materials (HBOM) for the complete critical component

3.3.1. Part 1: Attestation Generation: The Contractor shall author a formal "Attestation of Compliance" document structured to capture all information required by the PMA-263 guidance.

3.3.2. Part 2: Evidence Collection: To support the attestation, the Contractor shall engage the OEM to gather all evidence listed as "Required" by the PMA-263 guidance.

3.3.3. Part 3: Package Assembly and Submission to COR: Package Assembly and Submission. The Contractor shall assemble a single, organized "Compliance Documentation Package." This package must include the Contractor-generated Attestation of Compliance as the primary document, followed by all supporting evidence, clearly labeled.

The Contractor shall be solely responsible for uploading the complete package directly into the Government's SRA Portal using their ECA certificate. The Contractor's responsibility for this task is complete upon successful submission to the portal and notification to the COR. Submission is not considered complete until confirmation of successful upload is received from the portal system.

3.3.3.1. Vendor Self-Execution and Attestation Guidance

NDAA compliance within SRA is intentionally designed to support vendor self-execution, supported by evidence and subject to independent review.

Vendors routinely make formal Representations and Certifications regarding compliance with statutory and regulatory requirements as a condition of doing business with the federal government. NDAA compliance is treated no differently in principle. Vendors and component manufacturers are expected to understand how NDAA requirements apply to their products, assess eligibility based on defined criteria, and attest to compliance using standardized workflows and evidence.

3.3.4. Marketplace Status: The Contractor shall await official notification from the COR regarding PMA-263's final determination.

3.4. Part Returns and Discrepancy Resolution

The Contractor shall manage a streamlined process for the return and replacement of incorrect, damaged, or defective parts. Within one business day of a user initiating a return, the Contractor shall issue a Return Merchandise Authorization (RMA) number and provide a pre-paid shipping label. Upon receiving the returned item, the Contractor shall ship a replacement. If a replacement is not possible, full credit for the part's original F&R price shall be issued to the Government's T&M account.

3.4.1 Parts Redeterminations

The contractor has an ongoing responsibility to report any new information that could impact a previous submission. If the contractor becomes aware of a material change to a previously certified part's design, manufacturing process, component sourcing, or OEM, the contractor shall notify the Contracting Officer and Contracting Officer's Representative (COR) in writing within ten (10) business days. This notification allows the Government to make a redetermination of the part's compliance status.

3.4.2 Part Number Changes

For the purposes of this contract, any part that undergoes a change to its form, fit, function, or the Original Equipment Manufacturer (OEM) assigned part number will be considered a new and distinct part. This new part does not inherit the compliance status of any previous version. If the Government requires an NDAA compliance check for this new part number, it will be treated as a new nomination. The contractor shall await a formal nomination from the Government before initiating a new compliance evidence package under the Firm-Fixed-Price (FFP) CLIN.

3.5. Reporting

3.5.1. Monthly Performance & Compliance Report: This report shall detail sales data, order fulfillment times, and a summary of all evidence packages submitted.

3.5.2. Quarterly Part Quality Report: This report shall provide an analysis of user feedback data, identifying trends in part quality and performance.

3.6. Electronic Invoicing

On a monthly basis, the Contractor shall submit a single, consolidated invoice through WAWF under the T&M CLIN. This invoice shall list each part delivered and its corresponding approved, fully burdened F&R price. No separate invoice or fee for storefront operation shall be submitted.

4. Deliverables

5. Quality Assurance Surveillance Plan (QASP) The Government will monitor performance against this QASP. Failure to meet a threshold requires a corrective action plan within ten (10) business days.

Failure to implement an approved corrective action place may be considered grounds for contractual remedies in accordance with the terms and conditions of the contract.

DISTRIBUTION: DoD COMMUNITY ONLY