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Priority review Notice Amended Consultation

VA Proposes Gray Market Clauses Information Collection

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Summary

The Department of Veterans Affairs (VA) is seeking public comment on an information collection related to its Gray Market Clauses (852.212-71 and 852.212-72). This collection aims to prevent gray market and counterfeit supplies and parts from entering the VA supply chain for medical and IT equipment. The VA estimates an annual burden of 2,171 hours for businesses.

What changed

The Department of Veterans Affairs (VA), through its Office of Acquisition and Logistics (OAL), has submitted an information collection request to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act (PRA). This notice announces the submission and seeks public comment on the continuation of two clauses, 852.212-71 and 852.212-72, which are used in solicitations and contracts for medical and IT equipment. These clauses are designed to prevent the VA supply chain from being compromised by gray market and counterfeit items and replacement parts. The current collection is an extension without change, with an estimated annual burden of 2,171 hours for businesses, averaging 30 minutes per respondent.

Regulated entities, specifically businesses that supply or maintain medical or IT equipment for the VA, should review the proposed information collection and submit comments by April 23, 2026, via www.reginfo.gov/public/do/PRAMain. The VA PRA information contact is Dorothy Glasgow at 202-461-1084 or VAPRA@va.gov. Failure to respond to the information collection, once approved, may result in non-compliance with VA acquisition regulations.

What to do next

  1. Submit comments and recommendations on the proposed information collection by April 23, 2026.
  2. Review the information collection details via www.reginfo.gov/public/do/PRAMain by searching for OMB Control No. 2900-0902.

Source document (simplified)

Content

ACTION:

Notice.

SUMMARY:

In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Office of Acquisition and Logistics
(OAL), Department of Veterans Affairs (VA), will submit the collection of information abstracted below to the Office of Management
and Budget (OMB) for review and comment. The PRA submission describes the nature of the information and its expected cost
and burden, and it includes the actual data collection instrument.

DATES:

Comments and recommendations on the proposed information collection should be sent by April 23, 2026.

ADDRESSES:

To submit comments and recommendations for the proposed information collection, please type the following link into your browser: www.reginfo.gov/public/do/PRAMain, select “Currently under Review—Open for Public Comments”, then search the list for the information collection by Title or
“OMB Control No. 2900-0902.”

FOR FURTHER INFORMATION CONTACT:

VA PRA information: Dorothy Glasgow, 202-461-1084, VAPRA@va.gov.

SUPPLEMENTARY INFORMATION:

Title: Gray Market Clauses: 852.212-71 and 852.212-72.

OMB Control Number: 2900-0902. https://www.reginfo.gov/public/do/PRASearch.

Type of Review: Extension without change of a currently approved collection.

Abstract: 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.

An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays
a currently valid OMB control number. The
Federal Register
Notice with a 60-day comment period soliciting comments on this collection of information was published at 91 FR 2276, January
16, 2026.

Affected Public: Business or other for-profit.

Estimated Annual Burden: 2,171 hours.

Estimated Average Burden per Respondent: 30 minutes.

Frequency of Response: Less than quarterly.

Estimated Number of Respondents: 4,342.

Authority: 44 U.S.C. 3501 et seq.

Shunda Willis, Alternate, VA PRA Clearance Officer, Office of Information Technology, Data Governance Analytics, Department of Veterans Affairs. [FR Doc. 2026-05739 Filed 3-24-26; 8:45 am] BILLING CODE 8320-01-P

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Named provisions

Gray Market Clauses: 852.212-71 and 852.212-72

Classification

Agency
VA
Comment period closes
April 23rd, 2026 (28 days)
Instrument
Notice
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor
Document ID
91 FR 2276
Docket
VA-2026-VACO-0001-0106

Who this affects

Applies to
Employers
Industry sector
4231 Wholesale Trade 3345 Medical Device Manufacturing 3341 Computer & Electronics Manufacturing
Activity scope
Supply Chain Management Procurement
Threshold
Acquisition of commercial items, new medical equipment, new medical supplies, new information technology equipment, and maintenance of medical or information technology equipment that includes replacement parts.
Geographic scope
United States US

Taxonomy

Primary area
Government Contracting
Operational domain
Procurement
Topics
Supply Chain Security Procurement

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