48 CFR § 812.301 - 812.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.

---
identifier: "/us/cfr/t48/s812.301"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 812.301 - 812.301   Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "812.301"
section_name: "812.301   Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services."
chapter_number: 8
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
subchapter_number: "B"
subchapter_name: "ACQUISITION PLANNING"
part_number: "812"
part_name: "ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 8127-8128; 40 U.S.C. 121(c); 41 U.S.C. 1702 and 48 CFR 1.301 through 1.304."
regulatory_source: "73 FR 2717, Jan. 15, 2008, unless otherwise noted."
cfr_part: "812"
---


# 812.301 812.301   Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.

(f)(1) Contracting officers shall insert the clause at 852.212-71, Gray Market and Counterfeit Items, in solicitations and contracts for new medical supplies, new medical equipment, new information technology equipment, and maintenance of medical or information technology equipment that includes replacement parts if used, refurbished, or remanufactured parts are unacceptable, when the associated solicitation includes FAR 52.212-1, Instruction to Offerors—Commercial Products and Commercial Services, and 52.212-2, Evaluation—Commercial Products and Commercial Services.

(2) Contracting officers shall insert the clause at 852.212-72, Gray Market and Counterfeit Items—Information Technology Maintenance Allowing Other-than-New Parts, in solicitations and contracts for the maintenance of information technology equipment that includes replacement parts, if used, refurbished, or remanufactured parts are acceptable, when the associated solicitation includes FAR 52.212-1, Instruction to Offerors—Commercial Products and Commercial Services, and 52.212-2, Evaluation—Commercial Products and Commercial Services.