Amendment 5 Site Visit Grey Market.docx

Amendment 5, RFP-23-PHX-25, Second Site Visit and Grey Market Prevention Language

Amendment 5:

The purpose of this amendment is to add second Site Visit and add Grey Market Prevention Language.

1. Add second Site Visit on Wednesday, July 26, 2023 at 1:00 PM for the contractors that were unable to make the first Site Visit. Also, the other contractors are welcome to the second Site Visit for questions and to review fluoroscopy rooms again.

Location: Phoenix Indian Medical Center, 4212 North 16th Street, Phoenix, AZ 85016, Ground Floor, Engineering Conference Room

Contract Specialist: Donovan Conley, 602-364-5174, Donovan.Conley@ihs.gov

Contracting Officer: Jeremy Steel, 602-364-5264, Jeremy.Steel@ihs.gov

2. Grey Market Prevention Language

a. Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for IHS Hospitals and/or Medical Centers. No remanufactures or gray market items will be acceptable.

b. Vendor shall be an OEM authorized dealer, authorized distributor or authorized reseller for the proposed equipment and/or services contracts for maintenance of applicable equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the supplies, equipment and/or services contracts for maintenance of equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to the IHS in the fulfillment of an order/award constitutes a breach of contract. Accordingly, IHS reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at IHS’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to an IHS hospital and/or medical facility upon discovery of such items.