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Kittitas County Law Enforcement Services, Washington State PURCHASE ORDER NO. 140L4319P0094 <br />BLM-WA Spokane District Office Page 22 of 26 <br />(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by <br />reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will <br />make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): <br />Federal Acquisition Regulation: https://www.acquisition. og_ v/far/ <br />Department of the Interior Acquisition Regulation (CFR, Title 48, Chapter 14): http://www.ecfr.gov/cgi-, <br />hin /tPxt- <br />idx?SID=b070a518cic45a42e6d2b20306487937&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5 02.tp1#1 <br />400 <br />(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the <br />requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have <br />been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or <br />reperformance of nonconforming services at no increase in contract price. The Government must exercise its <br />postacceptance rights -- <br />(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and <br />(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect <br />in the item. <br />(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence <br />beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public <br />enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine <br />restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the <br />Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, <br />setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, <br />and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. <br />(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or <br />any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all <br />work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to <br />the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of <br />the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate <br />to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. <br />The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this <br />purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor <br />shall not be paid for any work performed or costs incurred that reasonably could have been avoided. <br />(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of <br />any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to <br />provide the Government, upon request, with adequate assurances of future performance. In the event of termination <br />for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, <br />and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is <br />determined that the Government improperly terminated this contract for default, such termination shall be deemed a <br />termination for convenience. <br />(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for <br />use for the particular purpose described in this contract. <br />(End of Clause) <br />