Amendment 4 Grey Market.docx
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- Solicitation number
- RFP-23-PHX-30
About this file
This document contains an amendment to standard contract language regarding gray market items and an associated federal contract opportunity. The amendment language clarifies that only new original equipment manufacturer medical supplies, equipment, and maintenance services from authorized dealers and distributors will be accepted for the Indian Health Service hospitals and medical centers procurement. The related federal contract opportunity is a solicitation from the Department of Health and Human Services Indian Health Service seeking offers for a new brand name or equal Hologic 3D mammography unit, archive, delivery, installation, equipment removal, trade-in, and preventative maintenance services at the Phoenix Indian Medical Center.
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Amendment 4, Grey Market Prevention Language Amendment 4:
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.
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Microsoft_Word_Document.docx Amendment 4, Grey Market Prevention Language
Amendment 4:
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.
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