S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 05-20-2024.pdf
VAAR Clause May 20, 2024 PDF 30 KB Posted
- Solicitation number
- 36C24524Q0543
About this file
This document is a Request for Information (RFI) issued by the U.S. Department of Veterans Affairs for the procurement of a Medivator Advantage Plus Automated Endoscope Reprocessor (AER). The RFI is seeking information from potential vendors, including original equipment manufacturers (OEMs), authorized dealers, distributors, or resellers, to assist with acquisition planning. Key details include:
The procurement is for new OEM items only, with no used, refurbished, or gray market items allowed. Vendors must provide an authorized distributor or reseller letter if they are not the manufacturer. The solicitation is a brand name only requirement, and the manufacturer's country of origin for each line item is required. Pricing and general capability information is requested for market research purposes. Responses are due by May 24, 2024, and the government intends to award a firm-fixed price contract. The principal NAICS code is 339112 - Surgical and Medical Instrument Manufacturing, and the PSC code is 6515 - Medical and Surgical Instruments, Equipment, and Supplies. This RFI is issued solely for information and planning purposes and does not constitute a solicitation.
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Text version
VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
(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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