S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf
VAAR Clause PDF 79 KB Posted
- Solicitation number
- 36C24526Q0225
About this file
This document is a Veterans Affairs Acquisition Regulation (VAAR) clause addressing requirements for preventing gray market and counterfeit items in procurement. The clause mandates that all supplies or equipment must be new Original Equipment Manufacturer (OEM) items, explicitly prohibiting used, refurbished, or remanufactured products. Vendors must be an OEM, authorized dealer, authorized distributor, or authorized reseller, verified through documentation from the original manufacturer, and must ensure all software licensing, warranty, and service comply with OEM terms and conditions.
The clause defines gray market items as OEM goods sold outside authorized sales territories or by non-authorized dealers, and counterfeit items as unlawful or unauthorized reproductions, substitutions, or alterations that are misrepresented as authentic products. Specifically, counterfeit items include used items represented as new, or false identification of grade, serial number, lot number, date code, or performance characteristics. The regulation aims to protect the procurement process from substandard or fraudulent equipment by establishing clear guidelines for product authenticity and origin.
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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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