§ 852.212-71 - Gray Market and Counterfeit Items.

852.212-71 Gray Market and Counterfeit Items.

Cross Reference

Link to an amendment published at 88 FR 4752, Jan. 25, 2023.

As prescribed in 812.301(f)(2), insert the following provision in solicitations and contracts for new medical equipmentclause:

Gray Market and Counterfeit Items (APR 2020FEB 2023)

(a) No gray market or remanufactured items will be acceptableused, 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 Original Equipment Manufacturers' ( OEM ) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities. (bintentionally 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)

[85 88 FR 169074752, MarJan. 25, 20202023]