Acquisition Policy Flash! 20-03 - Office of Acquisition and Logistics (OAL)
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Acquisition Policy Flash! 20-03

What's Changed?

Class Deviation from VAAR Parts 802, 812, and 852 Regarding Gray Market and Counterfeit Medical and Information Technology Items

Purpose: The purpose of this class deviation is to prevent the acquisition of gray market and counterfeit items in contracts for new medical supplies and equipment and new information technology equipment and maintenance of existing IT equipment.

VA Acquisition Regulation (VAAR) Sections Impacted: VAAR 802.101, VAAR 812.301(g) (new), VAAR 812.301(h) (new), VAAR 852.212-71 (new), and VAAR 852.212-72 (new).

Effective Date: March 31, 2020.

Background: Heads of the Contracting Activities (HCAs) identified a need for Department of Veterans Affairs (VA)-wide policy to help prevent the inadvertent acquisition of gray market or counterfeit medical equipment, medical supplies, and information technology equipment. Current VA-wide procurement policy does not address gray market or counterfeit equipment or products. This deviation adds a definition for “gray market items,” and adds clauses for inclusion in applicable solicitations and contracts for commercial items. Federal Acquisition Regulation section 46.101 was recently updated to add a definition for “counterfeit item.”

Applicability: This class deviation applies to all VA contracting activities.

Action Required: All HCAs and their staff members shall comply with the requirements of the published class deviation.

Additional Information: Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A), via email at va.procurement.policy@va.gov or (202) 632-5288.