S02 - ATTACHMENT 7 - VAAR 852.212-71 - GRAY AND COUNTERFEITS ITEMS - Gray Market Prevention Language.pdf
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- Solicitation number
- 36C24526Q0756
About this file
This is a federal contracting clause establishing requirements for the procurement of new Original Equipment Manufacturer (OEM) items only. The clause prohibits the provision of used, refurbished, or remanufactured supplies or equipment/parts, as well as gray market items—defined as OEM goods sold outside authorized sales territories or by non-authorized dealers within authorized territories. The procurement explicitly excludes counterfeit supplies or equipment/parts, including unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented as authentic items from the original manufacturer or from sources with express written authority from the OEM or current design activity.
Vendors must be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, with such authorization verified by an authorization letter or other supporting documentation from the OEM. All software licensing, warranty, and service associated with the equipment/system must comply with OEM terms and conditions. This clause applies to VA contracts and was effective as of February 2023.
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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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