ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (AUG 2026).pdf
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- Attached to
- Urgent and Compelling JAA Romania
- Solicitation number
- SPE60527R0202
- Issued by
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Defense Logistics Agency Energy
About this file
DLA Form 1889 is a Supplemental Quality Assurance Provision (SQAP) template prescribed by the Defense Logistics Agency (DLA) for controlling nonconforming supplies and services in DLA Energy contracts. This August 2026 revision (QAP E35) establishes procedures for contractors to request deviations or waivers when supplies or services do not conform to contract specifications but remain suitable for use.
The provision defines a deviation as a written authorization issued after contract award and before manufacture, permitting departure from performance or design requirements for a defined number of units or specific period. A waiver is similar authorization issued after contract award for items found nonconforming during or after production that are still suitable for use "as is" or after repair. Contractors requesting either must submit detailed information to the Contracting Officer and appropriate Inspection Office, including contractor name, authorized negotiator contact information, contract and line-item numbers, product nomenclature, the specific clause affected, nature and reason for the request, corrective actions planned, and agreement to pay an equitable price reduction plus a minimum $500 administrative fee. In extraordinary situations, contractors may initially submit a verbal waiver request (not deviation) to the Contracting Officer or Duty Officer at (800) 286-7633 or (703) 767-8420, followed by written submission by the next business day. If approved, the contract will be modified to require the equitable price reduction or other consideration. If supplies later prove conforming, consideration remains due but caps at $1,000 if originally higher. When nonconformance is discovered after acceptance, a minimum $500 administrative fee applies per claim letter issued. Contractors are responsible for any environmental fines or penalties resulting from nonconforming deliveries, and repeated tender of nonconforming supplies will be discouraged through rejection and performance documentation. The form includes detailed instructions for developing SQAPs for individual or multiple National Stock Numbers or Local Stock Numbers.
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PAGE 1 OF 3DLA FORM 1889, AUG 2026
Prescribed by: eSOP 4155.05-001 Sponsor: J3
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
PREVIOUS EDITION IS OBSOLETE Add Page Delete Page Attachments
Print Form Email Form Clear
REV DESCRIPTION DATE APPROVED
A ENERGY QAP E35 08/28/2026 M.MIZRAHI
REVISIONS
QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY AUG 2026)
(a) DEFINITIONS. As used in this contract provision:
(1) Deviation: A written authorization issued after contract award and before the manufacture of an item, permitting departure from a specific performance or design requirement of a contract, specification, or referenced document. It applies to a defined number of units or specific period, typically the duration of the contract.
(2) Extraordinary situation: A situation in which the matter cannot wait for resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, excluding federal holidays).
(3) Waiver: A written authorization issued after contract award that permits acceptance of a configuration item or other designated item which, during production or after inspection, is found to deviate from specified requirements, but is still considered suitable for use “as is” or after repair using an approved method. Approval is granted on a case-by-case basis and typically applies for a defined period.
(b) The Government may, at its discretion, accept nonconforming supplies or services. When this occurs, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.
(c) The following procedures shall be used to request a deviation or waiver:
(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer, with a copy provided to the appropriate Inspection Office identified in Energy QAP E22, List of Inspection Offices for DLA Energy Contracts or Energy QAP E22.01, Quality Representative provision of this contract. Each request shall provide the following information:
i. Contractor name;
ii. Name and contact information of the Contractor's authorized negotiator;
iii. Contract number;
iv. Contract line-item number and product nomenclature;
v. Clause or contract provision number, paragraph, and subparagraph, as appropriate;
vi. The nature of the request;
vii. The reason for the request;
viii. The corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and
ix. An agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.
SUPPLEMENTAL QUALITY ASSURANCE PROVISION
(SQAP)
DISTRIBUTION
STATEMENT - A
APPROVED FOR
PUBLIC RELEASE
DISTRIBUTION IS
"UNLIMITED"
DATE
09/01/2026
APPROVED BY
DATE
08/28/2026
DATE
08/28/2026
PREPARED BY
DRAWING NUMBER
6707818
SCALE
1:1
CAGE
52838
SIZE
A
NSN
MULTIPLE
ITEM
E35 NONCONFORMING SUPPLIES AND SERVICES
DLA WSC DLA Troop Support DLA WSR DLA Energy clear
DEFENSE LOGISTICS AGENCY, ENERGY
8725 JOHN J. KINGMAN ROAD
FORT BELVOIR, VIRGINIA 22060-6222
REVIEWED BY
PAGE 2 OF 3DLA FORM 1889, AUG 2026
4155.05-001 Sponsor: J3
REV DESCRIPTION DATE APPROVED
A ENERGY QAP E35 08/28/2026 M.MIZRAHI
REVISIONS
Add Text Add Image
(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver --but not a deviation --to the Contracting Officer. A written requests shall be submitted to the Contracting Officer by the next DLA Energy business day, as described above. If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to ensure the necessary information is provided to the appropriate individual(s) as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.
(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If circumstances warrant, a deviation or waiver may be issued without prior agreement on the price reduction or other consideration, provided the Contractor-or its representative-agrees to subsequent negotiation. This agreement, along with a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. Following negotiations, failure to agree on adequate consideration shall constitute a dispute concerning a question of fact within the meaning of the Disputes paragraph of the “Contract Terms and Conditions - Commercial Items” provision of this contract.
(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, consideration shall be no less than $500 to cover administrative costs, plus any additional cost of Government re-inspection or retesting, if required.
(5) If a deviation or waiver is granted and the contract is modified accordingly, but the supplies accepted are later determined to conform contract specifications, the Contractor shall still be required to pay the consideration originally agreed upon in support of the deviation or waiver.
However, if this consideration exceeds $1,000, a second contract modification shall be issued reducing the Contractor's obligation to $1,000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retesting performed as a result of the deviation or waiver being granted.
(d) When notification of nonconforming supplies is received after the supplies have already been accepted, and the Government determines not to exercise its right to reject or require correction under the “Inspection of Supplies - Fixed-Price”, or “Contract Terms and Conditions - Commercial Items” provisions, consideration shall be no less than $500 to cover administrative costs. This $500 fee is in addition to:
(1) Consideration commensurate with the extent of the nonconforming supplies; and
(2) The cost of Government re-inspection or retesting, if required.
The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.
(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency as a result of delivering nonconforming supplies under a DLA Energy contract.
(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged through appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.
DISTRIBUTION STATEMENT - A
APPROVED FOR PUBLIC RELEASE
DISTRIBUTION IS "UNLIMITED"
SUPPLEMENTAL QUALITY ASSURANCE PROVISION
(SQAP)
DRAWING NUMBER
6707818
SCALE
1:1
CAGE
52838
SIZE
A
DEFENSE LOGISTICS AGENCY, ENERGY
8725 JOHN J. KINGMAN ROAD
FORT BELVOIR, VIRGINIA 22060-6222
PAGE 3 OF 3DLA FORM 1889, AUG 2026
4155.05-001 Sponsor: J3
INSTRUCTIONS
a. Developing a QAP/SQAP unique to an individual National Stock Number (NSN) or a Local Stock Number (LSN):
(1) Develop the SQAP using DLA Form 1889, downloaded from the Official DLA Forms website:
https://www.dla.mil/Working-With-DLA/Forms/DLFormList/. For the initial release of a QAP/SQAP, leave the REVISIONS block blank. When revising QAP/SQAP, update the REVISIONS block as appropriate.
(2) Enter the title of the SQAP in the DESCRIPTION block. This title should be the clear reason the SQAP was created. For DLA Energy, the applicable document number should be included in this block, as DLA Energy QAPs are numbered per contract clauses, materials, and geographic regions. (See the appropriate procurement guidance prescription list.)
(3) QA Requirements should be typed in the area below the Revisions block.
(a) If more information is needed or images are required, add a continuation page and add text or image(s) below the revision block.
(b) If files need to be attached, use the Attachment button to select and attach necessary files.
(4) Select the MSC responsible for the NSN or LSN by selecting the respective name in the address block. This will auto populate Commercial and Government Entity Code (CAGE).
(5) Enter “Multiple NSNs or LSNs” in the ITEM block.
(6) Enter “Multiple NSNs or LSNs” in the NSN block.
(7) SIZE and SCALE blocks are automatically populated; do not change.
(8) For non-Energy MSCs, enter the document number of the QAP in the DRAWING NUMBER block. The entire document number MUST NOT EXCEED 21 characters (due to system constraints) and will include the acronym QAP or SQAP. Examples of multi-use QAP/SQAPs include QAP-020, QAP-E09, and SQAP-SER1.
(9) Specialists electronically sign and date the “Prepared By” block ONLY.
(10) DLA Weapons Support and DLA Troop Support, Team Leaders or First Line Supervisors electronically sign and date the “Reviewed by” and “Approved By” blocks. NOTE: DLA Troop Support Construction & Equipment (C&E) PS will forward the SQAP to another PS for review and signature.
DLA Energy personnel will follow guidance provided in the DLA Energy Procurement Instruction (DEPI).
(11) Initiate a new form for those revisions when or if content changes happen by following the instructions directly above.
(a) The REV block should be updated alphabetically, beginning with “A.”
(b) Select DATE from the dropdown calendar.
(c) APPROVED block should be the First Initial and Last Name of the individual making the changes to the SQAP.
b. Developing a QAP/SQAP for multiple NSNs or LSNs:
(1) Develop the SQAP using DLA Form 1889, downloaded from the Official DLA Forms website:
https://www.dla.mil/Working-With-DLA/Forms/DLFormList/. For the initial release of a QAP/SQAP, leave the REVISIONS block blank. When revising QAP/SQAP, update the REVISIONS block as appropriate.
(2) Enter the title of the SQAP in the DESCRIPTION block. This title should be the clear reason the SQAP was created. For DLA Energy, the applicable document number should be included in this block, as DLA Energy QAPs are numbered per contract clauses, materials, and geographic regions. (See the appropriate procurement guidance prescription list.)
(3) QA Requirements should be typed in the area below the Revisions block.
(a) If more information is needed or images are required, add a continuation page and add text or image(s) below the revision block.
(b) If files need to be attached, use the Attachments button to select and attach necessary files.
(4) Select the MSC responsible for the NSN or LSN by selecting the respective name in the address block. This will auto populate Commercial and Government Entity Code (CAGE).
(5) Enter “Multiple NSNs or LSNs” in the ITEM block.
(6) Enter “Multiple NSNs or LSNs” in the NSN block.
(7) SIZE and SCALE blocks are automatically populated; do not change.
(8) For non-Energy MSCs, enter the document number of the QAP in the DRAWING NUMBER block. The entire document number MUST NOT EXCEED 21 characters (due to system constraints) and will include the acronym QAP or SQAP. Examples of multi-use QAP/SQAPs include QAP-020, QAP-E09, and SQAP-SER1.
(9) Specialists electronically sign and date the “Prepared By” block ONLY.
(10) DLA Weapons Support and DLA Troop Support, Team Leaders or First Line Supervisors electronically sign and date the “Reviewed by” and “Approved By” blocks. NOTE: DLA Troop Support Construction & Equipment (C&E) PS will forward the SQAP to another PS for review and signature.
DLA Energy personnel will follow guidance provided in the DLA Energy Procurement Instruction (DEPI).
(11) Initiate a new form for those revisions when or if content changes happen by following the instructions directly above.
(a) The REV block should be updated alphabetically, beginning with “A.”
(b) Select DATE from the dropdown calendar.
(c) APPROVED block should be the First Initial and Last Name of the individual making the changes to the SQAP.
PAGE OF
DLA FORM 1889, AUG 2026
D L A FORM 18 89, August 20 26 Prescribed by: eSOP 4155.05-001 Sponsor: J3 Prescribed by: eSOP 4155.05-001 Sponsor: J3
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
DLA NOT FOR PRODUCTION
PREVIOUS EDITION IS OBSOLETE
REV
DESCRIPTION
DATE
APPROVED
REVISIONS
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
DISTRIBUTION STATEMENT - A
APPROVED FOR PUBLIC RELEASE
DISTRIBUTION IS "UNLIMITED"
REV
DESCRIPTION
DATE
APPROVED
REVISIONS
Add Text or Image
DISTRIBUTION STATEMENT - A
APPROVED FOR PUBLIC RELEASE
DISTRIBUTION IS "UNLIMITED"
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
INSTRUCTIONS
INSTRUCTIONS
INSTRUCTIONS
a. Developing a QAP/SQAP unique to an individual National Stock Number (NSN) or a Local Stock Number (LSN):
(1) Develop the SQAP using DLA Form 1889, downloaded from the Official DLA Forms website:
https://www.dla.mil/Working-With-DLA/Forms/DLFormList/. For the initial release of a QAP/SQAP, leave the REVISIONS block blank. When revising QAP/SQAP, update the REVISIONS block as appropriate.
(2) Enter the title of the SQAP in the DESCRIPTION block. This title should be the clear reason the SQAP was created. For DLA Energy, the applicable document number should be included in this block, as DLA Energy QAPs are numbered per contract clauses, materials, and geographic regions. (See the appropriate procurement guidance prescription list.)
(3) QA Requirements should be typed in the area below the Revisions block.
(a) If more information is needed or images are required, add a continuation page and add text or image(s) below the revision block.
(b) If files need to be attached, use the Attachment button to select and attach necessary files.
(4) Select the MSC responsible for the NSN or LSN by selecting the respective name in the address block. This will auto populate Commercial and Government Entity Code (CAGE).
(5) Enter “Multiple NSNs or LSNs” in the ITEM block.
(6) Enter “Multiple NSNs or LSNs” in the NSN block.
(7) SIZE and SCALE blocks are automatically populated; do not change.
(8) For non-Energy MSCs, enter the document number of the QAP in the DRAWING NUMBER block. The entire document number MUST NOT EXCEED 21 characters (due to system constraints) and will include the acronym QAP or SQAP. Examples of multi-use QAP/SQAPs include QAP-020, QAP-E09, and SQAP-SER1.
(9) Specialists electronically sign and date the “Prepared By” block ONLY.
(10) DLA Weapons Support and DLA Troop Support, Team Leaders or First Line Supervisors electronically sign and date the “Reviewed by” and “Approved By” blocks. NOTE: DLA Troop Support Construction & Equipment (C&E) PS will forward the SQAP to another PS for review and signature. DLA Energy personnel will follow guidance provided in the DLA Energy Procurement Instruction (DEPI).
(11) Initiate a new form for those revisions when or if content changes happen by following the instructions directly above.
(a) The REV block should be updated alphabetically, beginning with “A.”
(b) Select DATE from the dropdown calendar.
(c) APPROVED block should be the First Initial and Last Name of the individual making the changes to the SQAP.
b. Developing a QAP/SQAP for multiple NSNs or LSNs:
(1) Develop the SQAP using DLA Form 1889, downloaded from the Official DLA Forms website:
https://www.dla.mil/Working-With-DLA/Forms/DLFormList/. For the initial release of a QAP/SQAP, leave the REVISIONS block blank. When revising QAP/SQAP, update the REVISIONS block as appropriate.
(2) Enter the title of the SQAP in the DESCRIPTION block. This title should be the clear reason the SQAP was created. For DLA Energy, the applicable document number should be included in this block, as DLA Energy QAPs are numbered per contract clauses, materials, and geographic regions. (See the appropriate procurement guidance prescription list.)
(3) QA Requirements should be typed in the area below the Revisions block.
(a) If more information is needed or images are required, add a continuation page and add text or image(s) below the revision block.
(b) If files need to be attached, use the Attachments button to select and attach necessary files.
(4) Select the MSC responsible for the NSN or LSN by selecting the respective name in the address block. This will auto populate Commercial and Government Entity Code (CAGE).
(5) Enter “Multiple NSNs or LSNs” in the ITEM block.
(6) Enter “Multiple NSNs or LSNs” in the NSN block.
(7) SIZE and SCALE blocks are automatically populated; do not change.
(8) For non-Energy MSCs, enter the document number of the QAP in the DRAWING NUMBER block. The entire document number MUST NOT EXCEED 21 characters (due to system constraints) and will include the acronym QAP or SQAP. Examples of multi-use QAP/SQAPs include QAP-020, QAP-E09, and SQAP-SER1.
(9) Specialists electronically sign and date the “Prepared By” block ONLY.
(10) DLA Weapons Support and DLA Troop Support, Team Leaders or First Line Supervisors electronically sign and date the “Reviewed by” and “Approved By” blocks. NOTE: DLA Troop Support Construction & Equipment (C&E) PS will forward the SQAP to another PS for review and signature. DLA Energy personnel will follow guidance provided in the DLA Energy Procurement Instruction (DEPI).
(11) Initiate a new form for those revisions when or if content changes happen by following the instructions directly above.
(a) The REV block should be updated alphabetically, beginning with “A.”
(b) Select DATE from the dropdown calendar.
(c) APPROVED block should be the First Initial and Last Name of the individual making the changes to the SQAP.
9.0.0.2.20100902.2.720808
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)
DLA DT
DLA DT
Add Text Scale Image Proportionally
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| To ensure a seamless and accessible experience, use the tab key with the virtual cursor turned off to navigate sequentially through form fields, and to access any signature blocks.: |
| REV: A |
| DESCRIPTION: ENERGY QAP E35 |
| DATE: 2026-08-28 |
| APPROVED: M.MIZRAHI |
| Revisions Comments: |
| Date Approved By: 2026-09-01 |
| APPROVED BY: |
| Date Reviewed By: 2026-08-28 |
| Date Prepared By: 2026-08-28 |
| PREPARED BY: |
| DRAWING NUMBER: 6707818 |
| SCALE: 1:1 |
| CAGE: 52838 |
| SIZE: A |
| NSN: MULTIPLE |
| ITEM: E35 NONCONFORMING SUPPLIES AND SERVICES |
| By pressing this button, DLA WSC address will be populated in the SQAP address.: |
| By pressing this button, DLA Troop Support address will be populated in the SQAP address.: |
| By pressing this button, DLA Energy address will be populated in the SQAP address.: |
| Address line 1: DEFENSE LOGISTICS AGENCY, ENERGY |
| Address line 2: 8725 JOHN J. KINGMAN ROAD |
| Address line 3: FORT BELVOIR, VIRGINIA 22060-6222 |
| REVIEWED BY: |
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| totInstances: 1.00000000 |
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