Gray Market Clauses: 852.212-71 and 852.212-72

In accordance with Veterans Affairs Acquisition Regulation (VAAR), section 812.301(f), Solicitation provisions and contract clauses for the acquisition of commercial items, VA proposes to continue using two clauses 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 prevent the entrance into the VA supply chain of gray market and counterfeit supplies and parts for such items. The two clauses are 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 2029-05-31 and can be found here.