S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 08-20-2025.pdf
VAAR Clause Aug 20, 2025 PDF 79 KB Posted
- Solicitation number
- 36C24525Q0797
About this file
This document is a Veterans Affairs Acquisition Regulation (VAAR) clause addressing requirements for preventing gray market and counterfeit items in a federal procurement. The clause mandates that vendors can only provide new, original equipment manufacturer (OEM) items from authorized sources, explicitly prohibiting used, refurbished, or remanufactured supplies or equipment. Vendors must be an OEM, authorized dealer, authorized distributor, or authorized reseller, verified through documentation from the original manufacturer.
The clause provides detailed definitions of gray market and counterfeit items, emphasizing that all items must be authentic, unmodified, and properly identified. It requires that software licensing, warranty, and service associated with the equipment/system comply with the OEM's terms and conditions. The regulation strictly forbids misrepresentation of items, including false identification of grade, serial number, lot number, date code, or performance characteristics, to ensure the integrity and quality of procured equipment.
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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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