(a) Under FAR Subpart 9.2, VA may create VA QPLs for use on individual solicitations or on multiple solicitations issued by one or more VA facilities.
(b) An HCA or designee must support the creation of a VA QPL using one or more of the following justifications:
(1) The time required for testing the product after award would unduly delay product delivery.
(2) The cost of repetitive product testing would be excessive.
(3) Testing the product would require purchasing an expensive or complicated apparatus not commonly available.
(4) It is in the Government’s interest to be assured before contract award that the product is satisfactory for its intended use.
(5) Determining acceptability would require providing product performance data to supplement technical requirements in the specification.
(6) Conducting a test would result in substantial or repetitive rejections.
(7) VA cannot economically develop clear, professional specifications for the product performance, balance, design, or construction, and professional judgment is required to determine whether the product is acceptable under VA requirements.
(c) If VA plans to establish a VA QPL for any given product, the contracting officer may limit known suppliers to suppliers whose products are covered by a Federal Supply Schedule contract, as provided at FAR Subpart 8.4.
(d) VA will pay the costs to inspect and test a product sample submitted under this section.
(1) The product supplier must pay for the sample and its transportation to the place of inspecting and testing.
(2) After inspection and testing, VA will return any product sample to the supplier “as is” unless:
(i) The inspection or test destroys the sample; or
(ii) The supplier authorizes VA to retain or dispose of the sample.
(e) Once VA accepts a product for the VA QPL, VA may review the product for compliance with the applicable specification at any time.
(1) Where there is a variance between a VA specification that was the basis for the VA QPL and the product furnished by the supplier, the supplier must furnish an item that conforms to the VA specification.
(2) If the supplier fails to or is unable to provide a product that conforms to the applicable VA specification, the product will be removed from the VA QPL.
(f) VA’s acceptance of a product for listing on the VA QPL does not:
(1) Guarantee that VA will accept the product in any future purchase; or
(2) Constitute a waiver of the specifications as to acceptance, inspection, testing, or other provisions of any future contract involving the product.
