S02 - ATTACHMENT 2- GRAY MARKET LANGUAGE - 05-09-2023.pdf
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- Solicitation number
- 36C24523Q0609
About this file
This combined synopsis and solicitation requests quotations for high-temperature, high-current power tools to be provided to the Department of Veterans Affairs' Veterans Integrated Service Network 5. Responses are due by May 16, 2023, with award intended to a firm-fixed price contract. The solicitation seeks brand name HTHC power tools for the Martinsburg VA Medical Center in West Virginia, to be delivered within 90 days of award. Quotes must include pricing for the line items specified in Attachment 1 and authorization to distribute if the offeror is not the manufacturer. Evaluation will be based on best overall value to the government considering technical acceptability and price reasonableness.
The solicitation incorporates standard FAR provisions and clauses and includes gray market prevention language requiring new, authorized goods directly from the original equipment manufacturer or authorized suppliers. The Department of Veterans Affairs Network Contracting Office 5 is listed as the contracting office, with a point of contact provided for quotes and any pre-award questions.
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Attachment: Gray Market Prevention Language
(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)
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