Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 8 - Department of Veterans Affairs |
SubChapter H - Clauses and Forms |
Part 852 - Solicitation Provisions and Contract Clauses |
Subpart 852.2 - Text of Provisions and Clauses |
§ 852.212-72 - Gray Market and Counterfeit Items - Information Technology Maintenance Allowing Other-than-New Parts.
- Link to an amendment published at
852.212-72 xxx
Cross Reference
Gray Market and Counterfeit Items - Information Technology Maintenance Allowing Other-than-New Parts.
As prescribed in 812.301(f), insert the following clause:
Gray Market and Counterfeit Items - Information Technology Maintenance Allowing Other-Than-New Parts (FEB 2023)
(a) Used, refurbished, or remanufactured parts may be provided. No gray market supplies or equipment shall be provided. Gray market items are Original Equipment Manufacturer (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 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)
[88 FR 4752, Jan. 25, 2023
.]