Attachment 3_Gray Market and Counterfeit Items_.pdf
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- Solicitation number
- ACQ-IHS-2027-U-00045
About this file
This document is a federal contracting clause template (852.212-71) addressing gray market and counterfeit items, effective February 2023, as prescribed under FAR 812.301(f).
The clause establishes three primary requirements for vendors supplying equipment, parts, or supplies to federal contracts. First, all items must be new Original Equipment Manufacturer (OEM) products only; used, refurbished, or remanufactured supplies and gray market items—defined as OEM goods sold outside authorized sales territories or by non-authorized dealers—are prohibited. Second, no counterfeit supplies or equipment/parts may be provided, including unlawful or unauthorized reproductions, substitutions, alterations, or items mismarked or misidentified as authentic OEM products, and specifically excluding used items represented as new or items with false grade, serial number, lot number, date code, or performance characteristic identification. Third, the vendor must be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment or system, verified by an authorization letter or other documentation from the OEM, with all software licensing, warranty, and service obligations conforming to OEM terms and conditions.
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Other files
| File | Type | Posted |
|---|---|---|
| Sources_Sought_Area_Wide_EDR_REVIEWED.pdf | ||
| Attachment 2_IEE Representation Form.pdf | ||
| Attachment 1_PWS_Area_Wide_EDR_REVIEWED.pdf |
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Text version
852.212-71 Gray Market and Counterfeit Items.
As prescribed in 812.301(f), insert the following clause:
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)
Parent topic: Subpart 852.2—Text of Provisions and Clauses
10/22/26, 9:11 AM 852.212-71 Gray Market and Counterfeit Items.
https://www.acquisition.gov/node/64447/printable/print 1/1 https://www.acquisition.gov/vaar/subpart-852.2%E2%80%94text-provisions-and-clauses
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