S02 - ATTACHMENT 5 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf
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- Solicitation number
- 36C24526Q0797
About this file
This is a federal contracting clause addressing gray market and counterfeit item prohibitions applicable to a procurement.
The clause mandates that all supplies and equipment/parts provided must be new Original Equipment Manufacturer (OEM) items only. Used, refurbished, or remanufactured items are explicitly prohibited, as are gray market items defined as OEM goods sold outside authorized sales territories or by non-authorized dealers. Additionally, counterfeit items—including unlawful or unauthorized reproductions, substitutions, alterations, or misrepresentations of authentic items—are strictly forbidden. This prohibition extends to used items falsely represented as new and the false identification of grade, serial number, lot number, date code, or performance characteristics.
Vendors must be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, with authorization verified by an authorization letter or other documentation from the OEM. All software licensing, warranty, and service associated with the equipment/system must comply with OEM terms and conditions. This clause was effective February 2023 and is designated as VAAR 852.212-71.
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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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