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Kittitas Counl)' Lo" Enfon:i:mcnl Services, Washington State <br />BLM WA Spokane District Office <br />PURCHASE ORDER NO. 140L4J 19P0094 <br />Page 22 of:?6 <br />(c) FAR 52.251-2. Cla11ses lttcorporated by Rcfe,wce (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 ofa clause moy be accessed electronically at this/these addrcss(es): <br />Federal Acquisition Regulation : huos: v\vw :ic911jsi1ion .tt0y for/ <br />Depanment of the Interior Acquisition Regulation (CFR, Title 48, Chapter l4): hnp://www.cdr e£Ovlcgi• <br />biu Jte:<I• <br />id:f!SID b070n51 Re I c45a42c6d1h2Qj064R79J7&mc -tnie&1pl•/ccfrbr9w e(fjllc4!1 /4lkfn•5 02Jpl111 <br />~ <br />(d) h1.r11ec.tion/Accep1a11cc. The Cont.roator shell tender for acc·ep1anoe only those items that co nfonn to the <br />requirements of this contmct. The Government r=rves the right to inspc:cl or test any supplies or services that have <br />been tendered for occcptlltlce. The Government may require rcpnir or replacclnent of nonconforming supplies or <br />reperformance of nonconfonning services at no increase in comraci price, The Gove.mrnent musl exercise its <br />postacccptance 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) E.tcttSab/e dalnys. The Contrncror shall be li11blc for defauh unless nonperfonnonce is cnused by an occurrence <br />beyond the l'C115onable control of the Con1ractor 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 .cohlractuaJ c11paaity 1 fires. floods, epidemics, qunmntine <br />restric tions, strike$, 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 commc-nccment of any excusable delay, <br />setting fonh the full p1111iculars in connection therewith, shall remedy such occurrence with all rensonable dispatch, <br />and shall promptly give written notice to the Contracting Omccr of lhe cessation of such occurrence. <br />(f) lermi11ario11for tltu Goveninumt's co 11venlencc. The Government reserves the right to tem1jnate this contf"ilCl. or <br />uny part hereof, for il'I sole con.vcnicncc. In the cvcnl of such tcnninolion, the Contractor shall immcdiatcl;y stop all <br />work hereunder and shall immediately cause aoy and all of its stlpplicrs.and subcontmclors lo cease work. Subj eel to <br />the terms of this contract, the Contractor shall be paid a pe.rccntagc of the contract price re0ctting the percentage of <br />the work perf onned prior to the notice of termination, plus reasonable chorges that the Contractor can demonstrate <br />10 the satisfaction of the Government, using its standard record keeping syst-.m, have resulted from the tennination. <br />The Contractor shall not be required to comply with the co.~t accounting standards or contract cost principles for this <br />purpose. This pi!l'llgraph does not give the Government any right to audit the Contnu:tor's records. The Contractor <br />shnll not be paid for any work pcrfonncd or costs incurred tli.it reasonably could hilvc been 11vo idcd. <br />(;) T.em1f11oritm fur ccmse. The Government may tcnninutc lhls contract, or any part hereof, for cause in the event of <br />any dcfouh by the Contractor, or iflha Cootractor fails to comply with any contracl terms and conditions; or foils lo <br />provide the Government, upon request, with ndequate assur;inces of fututc performance. In the event of tcnninalion <br />for cause, the Government shall not be liable 10 the Contrnctor fer any amount for supplies or ser\ficcs not accepted, <br />and the Contractor shall be liable to the Government for uny ond. all rights nnd remedies provided by law. If ii Is <br />dclennined that the Go\lemment improperly terminated this contract for default, such tc:nnination shall be deemed 11 <br />termination for convenience. <br />(h) Warranty. The Contractor warranL~ 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)