Amendment 3 Grey Market.docx
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- Solicitation number
- RFQ-23-PHX-29
About this file
This document contains an amendment to a federal contract for medical equipment and services. The amendment specifies that only original equipment from authorized dealers, distributors, or resellers will be accepted, and that gray market items in fulfillment of the contract would constitute a breach. The related federal contract opportunity is for the purchase of a new Siemens Acuson Sequoia ultrasound machine, delivery, installation, training, and a service agreement from the Department of Health and Human Services Indian Health Service Phoenix Indian Medical Center. The amendment language seeks to prevent the delivery of gray market medical equipment and ensure only authorized dealers and distributors can fulfill the contract.
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Text version
Amendment 3, Grey Market Prevention Language Amendment 3:
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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