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11. WITHDRAWAL OF QUOTES <br />A. Withdrawal of Quotes will be allowed only in those cases in which a written request to <br />withdraw a Quote is received by the Board of Public Works prior to the date and hour for <br />receiving and opening Quotes. In such cases, the same will be returned to Quoter unopened. <br />12. ESCALATOR OR CONTINGENT CLAUSES <br />A. The use of escalator clauses or other contingent clauses by the Quoter is prohibited, unless <br />requested or permitted by the Invitation to Quote. No Proposal shall contain nor be <br />accompanied by any writing purporting to limit or qualify the City's right to accept such <br />Proposal or purporting to alter such Proposal or any Contract which may be executed <br />pursuant thereto. <br />13. PRICES MUST BE DELIVERED PRICES <br />A. The Quote price shall be a delivered price. All materials shall be shipped F.O.B. destination <br />as specified in the Invitation to Quote. No fuel surcharges accepted. <br />14. AWARD --WAIVER OF TECHNICALITIES <br />A. The Award of Quote, if any award be made, will be made within sixty (60) calendar days after <br />the opening of Proposals to the lowest responsible and responsive Quoter who's Proposal <br />complies with all the requirements prescribed, exclusive of technicalities waived. Until the <br />final award of the Quote, however, the right is reserved by the City to reject any and all <br />Proposals and to waive technical errors. <br />15. SPLITTING OF AWARDS/DIVISIBLE QUOTES <br />A. Quotes will be awarded on the basis of the total dollar amount for all items in the Proposal <br />unless the Quote is described by the City as a Divisible Quote. The City may award a <br />Divisible Quote to the lowest responsible and responsive Quoter for each item or class of <br />items as indicated in the Quote documents. <br />16. QUOTER QUALIFICATION <br />A. The City may require any Quoter to submit evidence of qualifications, and may consider any <br />evidence of the financial, technical, and other qualifications and abilities of the Quoter. The <br />City will not award a Contract to a Quoter who, in its opinion, is not fully qualified on the basis <br />of financial resources and responsibility, possession of adequate equipment, personnel, <br />experience, and past record of performance to perform the obligations to be undertaken <br />competently and without delay. <br />17. PURCHASE ORDERS <br />A. A Purchase Order will be issued to the successful Quoter after formal acceptance of the <br />Quote is made by the City. <br />18. NEW MANUFACTURE <br />A. Unless otherwise specified in the Invitation to Quote, the items offered shall all be new and <br />the latest model of manufacture. <br />19. SOURCE OF SUPPLY <br />A. If the Quoter is not a manufacturer, the source of supply must be shown and all sub- <br />contractors must be identified. <br />20. PACKAGING <br />A. All items shall be delivered strongly packed and marked according to accepted commercial <br />practice unless otherwise directed in the Specifications. No charge shall be made for <br />containers and the City shall have no obligation to return containers unless otherwise <br />provided by the Specifications or Special Provisions. Any items not received in good <br />condition will be rejected. <br />21. INSPECTION OF GOODS <br />A. The City of South Bend reserves the right to inspect and have any goods tested after delivery <br />for compliance with the specifications. Notice of latent defects, which would make the item <br />unfit for the purposes for which they are required, may be given at any time within one year <br />after discovery of the defects. <br />Uer. 5---10122112 <br />