COUNTERFEIT WORK. a. The following definitions apply to this clause: "Counterfeit Work" means Work that is or contains unlawful or unauthorized reproductions, substitutions, or alterations that have been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used Work represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. "Suspect Counterfeit Work" means Work for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the Work part is authentic. b. SELLER shall not deliver Counterfeit Work or Suspect Counterfeit Work to DRAKEN under this Contract. c. SELLER shall only purchase products to be delivered or incorporated as Work to DRAKEN directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. SELLER may use another source only if (i) the foregoing sources are unavailable, (ii) SELLER’s inspection and other counterfeit risk mitigation processes will be employed to ensure the authenticity of the Work, and
Appears in 3 contracts
Sources: Cost Reimbursement Subcontract, General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders