Federal Supply Schedule GS35F0004L

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Attached to: Federal Supply Schedule GS35F0004L Federal contract IDV
Contract number: GS35F0004L
Issued by: GSA Federal Acquisition Service

Text of this file

ADDITIONAL GSA CONTRACT GS35F0004L INFORMATION

Motorola is a global leader in providing integrated communications solutions and embedded electronic solutions. Motorola s GSA FSS MAS Group 70 IT Schedule Contract GS35F0004L includes Special Item Number (SIN) 132-8, Purchase of Equipment for Communications Security and Components, Two-Way Radio and Communication Products and Ancillary Communications Products.

Products under SIN 132-8 include: base stations, fixed stations, consoles, repeaters, comparators, controllers, receivers, SmartNet, control centers, dispatch, Key Variable Loaders, Centracom, Quantar, subscribers, portables, mobiles, vehicular adapters, transmission lines, accessories, microphones, belt loops, belt clips, batteries, RF infrastructure and telephone interconnect.

Authorized Federal Acquisition Service Information Technology Schedule Price List

General Purpose Commercial Information Technology Equipment (SIN 132-8)

Special Item Number 132-8 Purchase of Equipment

FSC Class 5810 - Communications Security Equipment and Components

Communications Security Equipment

FSC Class 5820 - Radio and Television Communication Equipment, Except Airborne

Two-Way Radio Transmitters/Receivers/Antennas

FSC Class 5895 - Miscellaneous Communication Equipment

Miscellaneous Communication Equipment

Motorola Solutions, Inc.

U.S. Federal Government Markets

7031 Columbia Gateway Drive – 3rd Floor

Columbia, Maryland 21046-2289

Contract Number: GS-35F-0004 L

Period covered by Contract:

October 1, 2000 through March 23, 2012

General Services Administration

Federal Acquisition Service

Price List current through: Modification 162, effective September 26, 2011

Information for Ordering Offices

Special Notice to Agencies

Small Business Participation

Small Business Administration (SBA) strongly supports the participation of small business concerns in the Federal Acquisition Service Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of Contract Delivery Orders expected to be placed against the Federal Acquisition Services Schedules, and to report accomplishments against these goals.

For Contract Delivery Orders exceeding the micro-purchase threshold, FAR 8.404 requires agencies to consider the catalogs/price lists of at least three schedule Contractors or consider reasonably available information by using the GSA Advantage!ä on-line shopping service (www.fss.gsa.gov). The catalogs/price lists, GSA Advantage!ä and the Federal Acquisition Service Home Page (www.fss.gsa.gov) contains information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting price lists for a best value determination.

For Contract Delivery Orders exceeding the micro-purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

1. Geographic Scope of the Contract

Worldwide - Note special payment, acceptance and risk of loss conditions for Contract Delivery Orders containing ultimate destinations and/or user agencies located outside the contiguous (48) states and District of Columbia. See paragraph (5) of the Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment and paragraph (10) of the Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment.

Contractor’s Ordering Address and Payment Information

A. Ordering Address:

Motorola Solutions, Inc.

U.S. Federal Government Markets Division

Columbia, Maryland 21046-2289

(410.712.6200)

B. Payment Address:

Bank of America

Attn: Motorola Lockbox Services

13108 Collections Center Drive

Chicago, IL 60693

(Wire Transfer Information)

Bank of America

13108 Collections Center Drive

Chicago, IL 60693

Digit ABA Number: 111000012

Domestic Account Number: 3756319806

Motorola will accept U.S. Government Purchase Cards as a means of payment.

Furthermore, all Contract Delivery Orders against the Contract under $2500 shall be paid for using a U.S. Government Purchase Card or U.S. Government VISA or MasterCard credit card, where the user agency can accommodate purchase or credit card use.

The following telephone number can be used by ordering agencies to obtain technical and/or ordering assistance 1-877-873-4668.

Liability for Injury or Damage

The Contractor shall be liable for damages arising out of injury to employees of the U.S. Government and/or damage to the property of the U.S. Government, persons designated by the U.S.

Government for training, or any other persons designated by the U.S. Government for any purpose, other than agents or employees of the Contractor, prior to or subsequent to acceptance, delivery, installation, and use of the equipment either at the Contractor's site or at the U.S. Government's place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor or caused by the Contractor's equipment.

Statistical Data for U.S.

Government Ordering Office Completion of Standard Form 279

Block 9: G. Order Modification under Federal Schedule

Block 16: Data Universal Numbering System (DUNS):

06-937-3090 – Columbia, Maryland 21076

Block 30: Type of Contractor: C. Large Business

Block 31: Woman-Owned Small Business: No

Block 36: Contractor’s Taxpayer Identification Number (TIN): 361115800

a. Cage Code Number: 78205

b. Contractor has registered with the Central Contractor Registration Database.

FOB Destination

48 Contiguous States – Destination

District of Columbia - Destination

Alaska - point of domestic embarkation

Hawaii

- point of domestic embarkation

Common Wealth of Puerto Rico - point of domestic embarkation

International -point of domestic embarkation

Delivery Schedule

XTS5000 UHF Contract products – H18QDC9PW5_N, H18QDF9PW6_N or H18QDH9PW7_N follow a delivery schedule of (230) days after receipt of an acceptable Contract Delivery Order (ARO).

XTS5000 VHF Contract products – H18KEC9PW5_N, H18KEF9PW6_N or H18KEH9PW7_N follow a delivery schedule of (180) days after receipt of an acceptable Contract Delivery Order (ARO).

XTL5000 UHF and VHF Contract products – follow a delivery schedule of (180) days after receipt of an acceptable Contract Delivery Order (ARO).

All Contract products have a delivery schedule of (120) days after receipt of an acceptable Contract Delivery Order (ARO) at the following address:

Inc.

U.S. Federal Government Markets

Attn: Order Processing (410.712.6200)

Columbia, Maryland 21046-2289

(877) 873-4668 (toll free voice)

(410) 712-6200 (voice)

(800) 526-8641 (facsimile 1)

(410) 712-6535 (secure facsimile 2)

FedBusinessCenter@motorolasolutions.com (email)

Discounts

Basic: Prices shown are NET prices;

Basic Discounts have been deducted.

Prompt Payment: 4.33% 20 Days from the invoice date of a properly submitted Motorola invoice.

Small Requirements

The minimum dollar value of Contract Delivery Orders to be issued is $100.

Maximum Order

The maximum dollar value per Contract Delivery Order for all purchased equipment will be $500,000.

10. Use of Federal Acquisition Service Information Technology Schedule Contracts

Contract Delivery Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing Contract Delivery Orders under Federal Acquisition Service Schedules, ordering offices need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5. GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing a Contract Delivery Order against a schedule using the procedures outlined below, the ordering office has concluded that the Contract Delivery Order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.)

to meet the Government’s needs.

a. Contract Delivery Orders placed at or below the micro-purchase threshold. Ordering offices can place Contract Delivery Orders at or below the micro-purchase threshold with any Federal Acquisition Service Schedule Contractor.

b. Contract Delivery Orders exceeding the micro-purchase threshold but not exceeding the maximum Contract Delivery Order threshold. Contract Delivery Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing a Contract Delivery Order, ordering offices should consider reasonably available information about the supply or service offered under MAS Contracts by using the “GSA Advantage!” on-line shopping service, or by reviewing the catalogs/price lists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule contracts that meets the agency’s needs. In selecting the supply or service representing the best value, the ordering office may consider--

1. Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service;

2. Trade-in considerations;

3. Probable life of the item selected as compared with that of a comparable item;

4. Warranty considerations;

5. Maintenance availability;

6. Past performance; and

7. Environmental and energy efficiency considerations

c. Contract Delivery Orders exceeding the maximum Contract Delivery Order threshold. Each schedule Contractor has an established maximum Contract Delivery Order threshold.

This threshold represents the point where it is advantageous for the ordering office to seek a price reduction.

In addition to following the procedures in paragraph b, above, and before placing a Contract Delivery Order that exceeds the maximum Contract Delivery Order threshold, ordering offices shall--

1. Review additional Schedule Contractors’ catalogs/price lists or use the “GSA Advantage!” on-line shopping service;

2. Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and

3. After price reductions have been sought, place the Contract Delivery Order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative.

If further price reductions are not offered, a Contract Delivery Order may still be placed, if the ordering office determines that it is appropriate.

NOTE:

For Contract Delivery Orders exceeding the maximum Contract Delivery Order threshold, the Contractor may:

1. Offer a new lower price for this requirement (the Price Reductions clause is not applicable to Contract Delivery Orders placed over the maximum Contract Delivery Order in FAR 52.216-19 Order Limitations)

2. Offer the lowest price available under the Contract; or

3. Decline the Contract Delivery Order (Contract Delivery Orders must be returned in accordance with FAR 52.216-19).

d. Blanket Purchase Agreements (BPAs). The establishment of Federal Acquisition Service Schedule BPAs is permitted when following the ordering procedures in FAR 8.404.

All schedule contracts contain BPA provisions. Ordering offices may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times.

e. Price Reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering offices will find it advantageous to request a price reduction. For example, when the ordering office finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of Contract Delivery Orders under these agreements, regardless of the size of the individual Contract Delivery Order, may offer the ordering office the opportunity to secure greater discounts.

Schedule Contractors are not required to pass on to all schedule contract users a price reduction extended only to an individual agency for a specific Contract Delivery Order.

f. Small Business. For Contract Delivery Orders exceeding the micro-purchase threshold, ordering offices should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement.

g. Documentation. Contract Delivery Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid.

If an agency requirement in excess of the micro-purchase threshold is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering office shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the agency’s needs.

11. Federal Information Technology/Telecommunication Standards Requirements

Federal departments and agencies acquiring products from this Schedule contract must comply with the provisions of the Federal Standards Program, as appropriate (reference:

National Institute of Standards and Technology (NIST) Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering offices, shall be responded to promptly by the Contractor.

11.1. Federal

Information Processing Standards Publications (FIPS PUBS)

Information Technology products under this Schedule contract that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to the National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use.

Individual Contract Delivery Orders for FIPS PUBS should be referred to the NTIS Sales Office, and Contract Delivery Orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

11.2. Federal

Telecommunications Standards (FED-STDS)

Telecommunication products under this Schedule contract that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

12. Security Requirements

In the event security requirements are necessary, the ordering activities may incorporate, in their Contract Delivery Orders, a security clause in accordance with current laws, regulations, and individual agency policy; however, the burden of administering the security requirements shall be with the ordering agency. If any costs are incurred as a result of the inclusion of security requirements, such costs will be negotiated with the schedule Contractor on an open market basis, outside the scope of the resultant Contract.

13. Contract Administration for Ordering Offices

Any ordering office, with respect to any one or more Contract Delivery Orders placed by it under this Contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (1) Termination for the U.S.

Government’s convenience, and (m) Termination for Cause (See C.1.)

14. Purchase of Non-Schedule Items

For administrative convenience, non-schedule products (including open market products and services, and excluded products) may be added to a Federal Acquisition Service Schedule Blanket Purchase Agreement or Contract Delivery Order, provided that the products are clearly labeled as such on the Contract Delivery Order, all applicable regulations have been followed, and price reasonableness has been determined by the ordering activity for the non-schedule products.

Non-Schedule products may be accepted by Motorola on Contract Delivery Orders provided they do not exceed $2500, or do not exceed 25% of the total Contract Delivery Order amount whichever is greater, up to a maximum of $500,000, subject to the terms and conditions of the Contract with the following exceptions:

(1) Motorola makes no representation or certification with respect to the ability of any non-schedule product to satisfy requirements of certain GSAR or FAR provisions related to product content, including but not limited to: GSAR 552.225-9, Buy American Act-Trade Agreements-Balance of Payments Program, FAR 52.225-1, Buy American Act-Balance of Payments Program-Supplies, FAR 52.225-3, Buy American Act-North American Free Trade Agreement-Israeli Trade Act-Balance of Payments Program (2) Non-schedule equipment products may or may not be new (3) Motorola makes no representation or certification pursuant to FAR 52.215-10, 52.215-11, 52.215-12, 52.215-13, 52.215-20 and 52.215-21 GSAR 552.238-76, Clause E.5 and Clause G.4 related to product and/or service sales/pricing data, price increases, or price decreases (4) Non-schedule service products will not be accepted subject to FAR 52.217-8, 52.222-43, 52.222-46 and 52.237-3 related to multi-year service. With reference to FAR 52.222-41 Service Contract Act of 1965, as Amended, Motorola represents that it shall pay all service employees who actually work on the subject Contract Delivery Order not less than the minimum wage specified under 6 (a) (1) of the Fair Labor Standards Act of 1938, as amended (20 U.S. C. 201-206). Please be advised that Motorola may subcontract out some portion of the required services.

U.S. Government agencies must determine whether or not non-schedule products can be ordered on Contract Delivery Orders in accordance with the terms and conditions of the Contract as modified in the foregoing paragraphs. If Motorola receives a Contract Delivery Order which includes non-schedule products not exceeding $2500 or 25% of the total Contract Delivery Order whichever is greater up to $500,000, it will conclude that the ordering agency has performed the following: (1) made an affirmative determination that the Contract Delivery Order can be properly placed in accordance with the terms and conditions described above (2) has received all required approvals (3) clearly labeled all non-schedule products as such on the Contract Delivery Order (4) met all applicable regulations (5) determined price reasonableness.

15. Contractor Commitments, Warranties and Representations

LIMITED WARRANTY

MOTOROLA COMMUNICATION PRODUCTS

WHAT THIS WARRANTY

COVERS AND FOR HOW LONG:

Inc. or, if applicable, Motorola Canada Limited ("Motorola") warrants the Motorola manufactured radio communications product, including original equipment crystal devices and channel elements ("Product"), against material defects in material and workmanship under normal use and service for a period of One (1) Year from the date of shipment.

Motorola, at its option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same or equivalent Product (using new or reconditioned Product), or refund the purchase price of the Product during the warranty period provided purchaser notifies Motorola according to the terms of this warranty. Repaired or replaced Product is warranted for the balance of the original applicable warranty period. All replaced parts of the Product shall become the property of Motorola.

This express limited warranty is extended by Motorola to the original end user purchaser purchasing the Product for purposes of leasing or for commercial, industrial, or U.S. Governmental use only, and is not assignable or transferable to any other party. This is the complete warranty for the Product manufactured by Motorola. Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola. Unless made in a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the installation, maintenance or service of the Product.

Motorola cannot be responsible in any way for any ancillary equipment not furnished by Motorola, which is attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment and all such equipment is expressly excluded from this warranty. Because each system, which may use the Product, is unique, Motorola disclaims liability for range, coverage, or operation of the system as a whole under this warranty.

II.

GENERAL

PROVISIONS:

This warranty sets forth the full extent of Motorola's responsibilities regarding the Product.

Repair, replacement or refund of the purchase price, at Motorola's option, is the exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS

WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR

IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR

DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE,

LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER

INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE

OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY

LAW.

III.

HOW

TO GET WARRANTY SERVICE:

Purchaser must notify Motorola's representative or call Motorola's U.S. Federal Government Markets Division at 877-873-4668 within the applicable warranty period for information regarding warranty service.

IV.

DOES NOT COVER:

A) Defects or damage resulting from use of the Product in other than it’s normal and customary manner;

B) or damage from misuse, accident, water, or neglect;

C) or damage from improper testing, operation, maintenance, installation, alteration, modification, or adjustment;

D) Breakage or damage to antennas unless caused directly by defects in material workmanship;

E) A Product subjected to unauthorized Product modifications, disassemblies or repairs (including, without limitation, the addition to the Product of non-Motorola supplied equipment) which adversely affect performance of the Product or interfere with Motorola's normal warranty inspection and testing of the Product to verify any warranty claim;

F) Product which has had the serial number removed or made illegible;

G) Batteries (they carry their own separate limited warranty);

H) Freight costs to the repair depot;

Product which, due to illegal or unauthorized alteration of the software/firmware in the Product does not function in accordance with Motorola's published specifications or with the FCC type acceptance labeling in effect for the Product at the time the Product was initially distributed from Motorola;

J) Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the Product;

K) That the software in the Product will meet the purchaser's requirements or that the operation of the software will be uninterrupted or error-free;

L) Normal and customary wear and tear; and

Non-Motorola manufactured equipment unless bearing a

Motorola Part Number in the form of an alpha numeric number (i.e., TDE6030B).

PATENT

AND SOFTWARE PROVISIONS:

Motorola will defend, at its own expense, any suit brought against the end user purchaser to the extent that it is based on a claim that the Product or its parts infringe a United States patent, and Motorola will pay those costs and damages finally awarded against the end user purchaser in any such suit which are attributable to any such claim, but such defense and payments are conditioned on the following:

A) that Motorola will be notified promptly in writing by such purchaser of any notice of such claim;

Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and

C) should the Product or its parts become, or in Motorola's opinion be likely to become, the subject of a claim of infringement of a United States patent, that such purchaser will permit Motorola, at its option and expense, either to procure for such purchaser the right to continue using the Product or its parts or to replace or modify the same so that it becomes non-infringing or to grant such purchaser a credit for the Product or its parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the Product or its parts as established by Motorola.

Motorola will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or its parts furnished hereunder with software, apparatus or devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary equipment or software not furnished by Motorola which is attached to or used in connection with the Product. The foregoing states the entire liability of Motorola with respect to infringement of patents by the Product or any its parts thereof.

Laws in the United States and other countries preserve for Motorola certain exclusive rights for copyrighted Motorola software such as the exclusive rights to reproduce in copies and distribute copies of such Motorola software. Motorola software may be used in only the Product in which the software was originally embodied and such software in such Product may not be replaced, copied, distributed, modified in any way, or used to produce any derivative thereof. No other use including, without limitation, alteration, modification, reproduction, distribution, or reverse engineering of such Motorola software or exercise of rights in such Motorola software is permitted. No license is granted by implication, estoppel or otherwise under Motorola patent rights or copyrights.

16. Blanket Purchase Agreements

Federal Acquisition Service Regulation (FAR) 13.201(a) defines Blanket Purchase Agreements (BPAs) as “…a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” The use of Blanket Purchase Agreements under the Federal Acquisition Service Schedule Program is authorized in accordance with FAR 13.202(c)(3), which reads, in part, as follows:

“BPAs may be established with Federal Acquisition Service Schedule Contractors, if not inconsistent with the terms of the applicable schedule Contract.”

Federal Acquisition Service Schedule contracts contain BPA provisions to enable schedule contract users to maximize their administrative and purchasing savings. This feature permits schedule contract users to set up “accounts” with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual Contract Delivery Orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA.

Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in the Schedule Price List, for customers to consider when using this purchasing tool.

17. Contractor Team Agreements

Federal Acquisition Service Schedule Contractors may use “Contractor Team Arrangements” (see FAR 9.6) to provide solutions when responding to a customer agency requirements. The policy and procedures outlined in this part will provide more flexibility and allow innovative acquisition methods when using the Federal Acquisition Service Schedules. See the additional information regarding Contractor Team Arrangements in the Schedule Price List.

18. Rated Orders

A GSA Contract Delivery Order with a priority rating and a signature will be deemed certified for national defense under the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700), and will be treated as a rated order with the delivery date being the GSA Contract delivery date.

Terms and Conditions Applicable to Purchase of General

Purpose Commercial Information Technology Equipment

(Special Item Number 132-8)

1. Material and Workmanship

All equipment furnished hereunder must satisfactorily perform the function for which it is intended.

2. Order

A written order, Electronic Data Interface (EDI) order, credit card order, Blanket Purchase Agreement (BPA), and Basic Order Agreement (BOA) shall be the only basis for purchase in accordance with the provisions of this Contract. If time of delivery extends beyond the expiration date of the Contract, the contractor will be obligated to meet the delivery and installation date specified in the original order.

Acceptance of Contract Delivery Orders - In the event Motorola receives an incomplete or invalid Contract delivery order, written notification requesting a modification with the required changes will be provided. Motorola reserves the right to reject any incomplete or invalid Contract delivery order for which a modification has not been received within sixty (60) days after written notification.

All Contract delivery orders are subject to the terms and conditions of this Contract. In the event of a conflict between a Contract delivery order and this Contract, the Contract shall control. Motorola does not accept terms and conditions in conflict with, or in addition to, the Contract unless mutually agreed upon in writing by Motorola’s U.S. Federal Government Markets Division GSA Contract Manager and the Contract User.

For credit card orders, BPAs, and BOAs, telephone orders are permissible.

Transportation of Equipment

48 Contiguous States – Destination

District of Columbia - Destination

Alaska - point of domestic embarkation

Hawaii

- point of domestic embarkation

Common Wealth of Puerto Rico - point of domestic embarkation

International -point of domestic embarkation

Installation and Technical Services

Reserved.

Inspection/Acceptance

Equipment must operate in accordance with manufacturer’s published specifications. The user agency should give the contractor a notice of acceptance or rejection within (30) days from receipt of the equipment. The Government is relieved of all risk of loss or damage prior to acceptance.

The Government may inspect and test all equipment, supplies, and/or services ordered under the contract at any time during the term of the contract. Government testing and inspection may not unduly delay any contractor work being performed, nor will it have a negative impact on equipment, supplies or services being tested. Any Government testing that results in damage or causes equipment malfunctions will be the Government’s responsibility, except where the cause of the malfunction is determined to be a latent defect.

In order for user agencies located outside the contiguous (48) states and District of Columbia to reserve the right of inspection or rejection at the point of final destination they must request a quote for the cost of shipment direct to destination and include this cost on the equipment deliver order. If APO or port of embarkation is indicated as the point of delivery, acceptance for the purpose of payment and/or prompt payment discounts shall be deemed to have occurred within two weeks of shipment from the contractor's facility. No proof-of-delivery (POD) shall be required for the purpose of computing dates related to any payment terms including payment due date, prompt payment dates or interest on late payments. The contractor is relieved of all risk of loss or damage and title shall pass to the Government at the time of delivery to the destination contained in the delivery order (i.e. Post office for APO or embarkation point).

Warranty

LIMITED WARRANTY

MOTOROLA COMMUNICATION PRODUCTS

VI.

COVERS AND FOR HOW LONG:

This express limited warranty is extended by Motorola to the original end user purchaser purchasing the Product for purposes of leasing or for commercial, industrial, or governmental use only, and is not assignable or transferable to any other party. This is the complete warranty for the Product manufactured by Motorola.

Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola.

Unless made in a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the installation, maintenance or service of the Product.

Motorola cannot be responsible in any way for any ancillary equipment not furnished by Motorola which is attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment, and all such equipment is expressly excluded from this warranty. Because each system, which may use the Product, is unique, Motorola disclaims liability for range, coverage, or operation of the system as a whole under this warranty.

VII.