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Section 1
Introduction

This platform (the “Bertram Fiber Bid Portal”) facilitates reverse auction bidding for fiber construction contracts under the Broadband Equity, Access, and Deployment (BEAD) federal grant program operated by Bertram Communications.

By accessing or using this platform, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the platform.


Section 2
Eligibility

Access to this platform is limited to approved contractors who have submitted a valid access request and received written approval from Bertram Communications. Participation requires valid contractor credentials and compliance with all applicable federal, state, and local licensing requirements.

Accounts are non-transferable. You may not share your login credentials, transfer your account to another party, or permit any other individual or entity to access the platform using your account. Any suspected unauthorized use must be reported to Bertram Communications immediately.


Section 3
Binding Bids

All bids submitted through this platform are legally binding offers. By submitting a bid, the contractor expressly agrees to complete the described scope of work at or below the submitted price if awarded the contract.

Contractors should carefully review all contract specifications, site conditions, and requirements before submitting a bid. Submission of a bid constitutes acknowledgment that the contractor has reviewed and understood all relevant documentation.


Section 4
Bid Withdrawal

Bids may only be withdrawn under limited circumstances as expressly permitted by the platform. Withdrawal requests must be submitted prior to auction close and are subject to review and approval by Bertram Communications.

Bertram Communications reserves the right, in its sole discretion, to disallow any bid withdrawal. A contractor whose withdrawal is denied remains bound by the submitted bid for the duration of the auction period.


Section 5
Award Discretion

Bertram Communications reserves the right to award any contract to any qualified bidder, and is not obligated to award the contract to the lowest bidder. Submission of the lowest bid does not guarantee award of a contract.

Award decisions may consider factors including but not limited to contractor qualifications, past performance, references, capacity, and compliance with BEAD program requirements. All award decisions are final.


Section 6
Auction Modifications

Bertram Communications reserves the right to cancel, extend, reopen, or modify any auction at any time for any reason, including but not limited to changes in project scope, funding availability, regulatory requirements, or insufficient participation.

Notice of material modifications will be provided through the platform where practicable, but Bertram Communications is not obligated to provide advance notice of any auction change.


Section 7
Disqualification

Fraudulent bids, bid collusion, price fixing, or any attempt to manipulate, interfere with, or undermine the integrity of the auction process will result in immediate disqualification from this and future auctions.

Such conduct may be reported to the applicable federal authorities including the National Telecommunications and Information Administration (NTIA), the Federal Bureau of Investigation (FBI), and the Office of Inspector General. Bertram Communications reserves all legal remedies.


Section 8
No Guarantee of Work

Participation in any auction on this platform does not guarantee the award of any contract or the receipt of any work. Bertram Communications makes no representations or warranties regarding the likelihood of award or the total volume of work available through the platform.


Section 9
Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Wisconsin.


Section 10
Changes to Terms

Bertram Communications reserves the right to update or modify these Terms of Service at any time without prior notice. The date of the most recent revision will be noted at the top of this page.

Continued use of the platform following the posting of any changes constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.


Section 11
Contact

For questions regarding these Terms of Service, please contact Bertram Communications through the portal or via the contact information provided in your approval notification.