S02 - ATTACHMENT 3 - Gray Market Prevention Language - PM_Part813.106_Atch1_Gray_Market_Language - 11-28-2023.pdf
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- Solicitation number
- 36C24524Q0124
About this file
This document contains two attachment clauses for a federal solicitation. The first clause specifies that only new original equipment from authorized manufacturers or distributors will be accepted for medical equipment procurements. The equipment must include valid software licensing and warranties from the original manufacturer. The second clause also requires new original equipment and prohibits gray market, used, refurbished, or remanufactured items. It defines counterfeit items and states that valid authorization from the original manufacturer is required for any dealers, distributors, or resellers. Both clauses aim to prevent the provision of gray market or counterfeit medical supplies and equipment for Department of Veterans Affairs procurements.
The related federal contract opportunity is solicitation number 36C24524Q0124 from the Department of Veterans Affairs for refrigerant for a chiller system. Bidders must provide an EPA registration number and an authorized distributor letter, and the refrigerant must meet the specifications in the Statement of Work.
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Attachment: Gray Market Prevention Language
A.1 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)
(a) No gray market or remanufactured items will be acceptable. 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 equipment only for VA medical facilities.
(b) 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)
A.2 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)
(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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