S02 - ATTACHMENT 6 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-21-2025.pdf

VAAR Clause Aug 21, 2025 PDF 79 KB Posted

Attached to
6515--ULTRASONIC WASHERS - BRAND NAME OR EQUAL TO IAW SOW OEM LETTER FROM MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NONRESPONSIVE & VENDOR WILL BE DISQUALIFIED AT THE TIME RFQ CLOSE.
Solicitation number
36C24525Q0804
Issued by

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Written by GovTribe AI ·

This document is a federal contract clause (VAAR 852.212-71) addressing requirements for Gray Market and Counterfeit Items, dated February 2023. The clause strictly prohibits vendors from providing used, refurbished, remanufactured, or counterfeit supplies and equipment, mandating that all items must be new Original Equipment Manufacturer (OEM) products from authorized sources. Vendors must be an OEM, authorized dealer, distributor, or reseller, verified through an authorization letter, and must comply with the OEM's software licensing, warranty, and service terms and conditions. The regulation defines gray market items as OEM goods sold outside authorized sales territories or by non-authorized dealers, and counterfeit items as unlawful reproductions or misrepresentations of authentic manufacturer products.

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Other versions and copies of VAAR 852.212-71

53 government files on GovTribe name VAAR 852.212-71. Different revisions are separate documents; copies of this exact file point search engines to its first posting.

File Revision Posted Attached to
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-19-2026.pdf Aug 19, 2026 6640--INDIVIDUALLY VENTED CAGE (IVC) RACK SYSTEM FOR MICE. "BRAND NAME OR EQUAL TO ALLENTOWN NEXGEN MOUSE IVC" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-17-2026.pdf Aug 17, 2026 6515--MIRION LEAD-LINED PET UNIT DOSE CABINET "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-17-2026.pdf Aug 17, 2026 6640--BEDDING DISPENSING STATION/ANIMAL CAGE FILLING STATION "BRAND NAME OE EQUAL TO LABODIA IAW SOW". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER FROM THE MANUFACTURER VENDOR WILL BE
S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-17-2026.pdf Aug 17, 2026 7H20--VERTEX 25EI AUTOMATIC CD BURNER - PACS SYSTEM "BRAND NAME ONLY". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-06-2026.pdf Aug 6, 2026 6640--INDIVIDUALLY VENTED CAGE (IVC) RACK SYSTEM FOR MICE. "BRAND NAME OR EQUAL TO ALLENTOWN NEXGEN MOUSE IVC" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6640--IRRADIATOR FOR COLONY OF HUMANIZED MICE "BRAND NAME OR EQUAL TO RAD SOURCE" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 7 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 1945--PERRY POINT EZ DOCK "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6640--IRRADIATOR FOR COLONY OF HUMANIZED MICE "BRAND NAME OR EQUAL TO RAD SOURCE" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 7 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 1945--PERRY POINT EZ DOCK "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 7 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 1945--PERRY POINT EZ DOCK "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--LEAD-LINED PET UNIT DOSE CABINET "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6640--BEDDING DISPENSING STATION/ANIMAL CAGE FILLING STATION. "BRAND NAME OR EQUAL TO LABODIA IAW SOW". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 7H20--SORNA VERTEX 25EI AUTOMATIC CD BURNER - PACS SYSTEM "BRAND NAME ONLY". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 6 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated N063--QUESTIONS & ANSWERS. NURSE CALL SYSTEM FOR DC VAMC. "BRAND NAME OR EQUAL TO IAW SOW". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--REPLACEMENT OF ENDOSCOPE REPROCESSOR SYSTEM. BRAND NAME OR EQUAL TO MEDIVATOR IAW SOW. OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--PORTABLE RO MACHINE SYSTEM FOR WASHINGTON DC VAMC. "BRAND NAME ONLY". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--PATHOLOGY BONE SAW SYSTEM. "BRAND NAME OR EQUAL TO EXAKT". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--PORTABLE RO SYSTEM FOR INPATIENT DIALYSIS "BRAND NAME ONLY" OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6515--REPLACEMENT OF ENDOSCOPE REPROCESSOR SYSTEM. BRAND NAME OR EQUAL TO MEDIVATOR IAW SOW. OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
S02 - ATTACHMENT 6 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf Revision not stated 6350--NURSE CALL SYSTEM FOR DC VAMC. "BRAND NAME OR EQUAL TO IAW SOW". OEM LETTER FROM THE MANUFACTURER IS REQUIRED. IF NO OEM LETTER VENDOR WILL BE CONSIDERED NON-RESPONSIVE.
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Who attaches VAAR 852.212-71

Agency Files
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 5 53

Other files

File Type Posted
S02 - ATTACHMENT 5 - DRAWINGS - SPS Ultrasonic Washer Drawings.pdf PDF
S02 - ATTACHMENT 1 - RFQ 36C24525Q0804 - TWO ULTRASONIC WASHERS FOR BALTIMORE VAMC - BRAND NAME OR EQUAL TO IAW SOW - 08-21-2025.pdf PDF
36C24525Q0804.docx DOCX document
S02 - ATTACHMENT 2 - LINE-ITEM DESCRIPTION - 2 ULTRASONIC WASHERS - BRAND NAME OR EQUAL TO IAW SOW - 08-21-2025.pdf PDF
S02 - ATATCHMENT 4 - 52.225-2 BUY AMERICAN CERTIFICATE - 08-21-2025.pdf PDF
S02 - ATTACHMENT 3 - STATEMENT OF WORK - ULTRASONIC WASHERS - 08-21-2025.pdf PDF

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VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of clause)

File details come from the government source that posted it. Updated .