S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language - 01-09-2026.pdf
VAAR Clause Jan 9, 2026 PDF 79 KB Posted
- Solicitation number
- 36C24526Q0214
About this file
This document is a federal contract clause (VAAR 852.212-71) addressing Gray Market and Counterfeit Items, dated February 2023. The clause establishes strict requirements for vendors providing equipment or supplies, mandating that only new Original Equipment Manufacturer (OEM) items can be supplied, with explicit prohibitions on used, refurbished, remanufactured, gray market, or counterfeit items.
Specifically, the clause requires vendors to be an OEM, authorized dealer, authorized distributor, or authorized reseller, which must be verified through an authorization letter or official documentation from the original equipment manufacturer. All software licensing, warranty, and service must strictly adhere to the OEM's terms and conditions. The definition of counterfeit items is comprehensive, including unlawful reproductions, mismarked or misidentified items, unauthorized substitutions, and falsely represented equipment characteristics.
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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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