Gray Market Clauses: 852.212-71 and 852.212-72

As a result of final rule, RIN 2900-AQ41 posted to the Federal Register 88FR4739 on January 25, 2023, VAAR case 2015-V016, this is a request from the Department of Veterans Affairs (VA) for OMB approval of a new Information Collection (IC). In accordance with Veterans Affairs Acquisition Regulation (VAAR), section 812.301(f), Solicitation provisions and contract clauses for the acquisition of commercial items, VA is proposing to add clauses for insertion in solicitations and contracts for new medical equipment, new medical supplies, new information technology equipment, and maintenance of medical or information technology equipment that includes replacement parts. These clauses will prevent the entrance into the VA supply chain of gray market and counterfeit supplies and parts for such items. The solicitation provisions and contract clauses will also prohibit use of refurbished or remanufactured parts in the maintenance of these items. Two new clauses are proposed: 852.212-71, Gray Market and Counterfeit Items, and 852.212-72, Gray Market and Counterfeit Items—Information Technology Maintenance Allowing Other-than-New Parts.

The latest form for Gray Market Clauses: 852.212-71 and 852.212-72 expires 2026-04-30 and can be found here.