S02 - ATTACHMENT 4 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf
PDF 79 KB Posted
- Solicitation number
- 36C24526Q0752
About this file
This document is a federal contracting clause (VAAR 852.212-71) establishing requirements for gray market and counterfeit item prevention in a procurement.
The clause mandates that vendors supply only new Original Equipment Manufacturer (OEM) items, explicitly prohibiting used, refurbished, or remanufactured supplies and equipment/parts. Gray market items—defined as OEM goods sold outside authorized sales territories or by non-authorized dealers—are not permitted. The vendor must be an OEM, authorized dealer, authorized distributor, or authorized reseller, with authorization verified through a letter or other documentation from the OEM. Additionally, the clause prohibits all counterfeit supplies and equipment/parts, including unlawful or unauthorized reproductions, substitutions, or alterations that are mismarked, misidentified, or misrepresented as authentic items. This prohibition extends to used items falsely represented as new and false identifications of grade, serial number, lot number, date code, or performance characteristics. All software licensing, warranty, and service associated with equipment or systems must comply with OEM terms and conditions.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
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)
File details come from the government source that posted it. Updated .