S02 - ATTACHMENT 5 - GRAY AND COUNTERFEITS ITEMS - VAAR 852.212-71 - Gray Market Prevention Language - 03-27-2024.pdf
VAAR Clause Mar 27, 2024 PDF 29 KB Posted
- Solicitation number
- 36C24524Q0393
About this file
This document is an attachment to a federal contract opportunity solicitation. It outlines the Department of Veterans Affairs' requirements for BCMA barcode scanners, including restrictions on gray market and counterfeit items. The solicitation is a combined synopsis/solicitation for commercial items, with a total small business set-aside. It seeks quotations from small businesses to provide BCMA barcode scanners, brand name or equal to Honeywell, in accordance with the stated salient features. Contractors must provide an authorized distributor letter if they are not the manufacturer, and the award will be made to the quote that best meets the government's requirements at a reasonable price. The solicitation has a response date of April 2, 2024, and the contract will be a firm-fixed-price purchase order.
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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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