VA Gray Market Clauses Information Collection: Acquisition Clauses 852.212-71 and 852.212-72

The Department of Veterans Affairs (VA), through its Office of Acquisition and Logistics (OAL), is submitting an information collection request to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) of 1995. The submission concerns two specific acquisition clauses — 852.212-71 and 852.212-72 — which address the procurement of gray market goods within VA contracting processes. Gray market goods are genuine manufacturer products sold outside of authorized distribution channels, often lacking proper warranties, support, or compliance guarantees. The VA's gray market clauses are designed to ensure that vendors supplying goods to the VA certify the authenticity and authorized provenance of their products, protecting the agency and veterans from substandard or unsupported equipment. The PRA submission outlines the nature of the data collected, the expected burden on respondents (vendors and contractors), and the associated costs. Contractors subject to these clauses must provide documentation or certifications proving that goods supplied are not gray market items sourced through unauthorized channels. This is a procedural regulatory notice inviting public comment before the information collection is formally approved by OMB. It does not introduce new policy but formalizes the administrative data collection requirements tied to the existing gray market acquisition clauses.

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