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<br />14 <br /> <br />Proposal or purporting to alter such Proposal or any Contract which may be executed <br />pursuant thereto. <br />12. PRICES MUST BE DELIVERED PRICES <br />A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as <br />specified in the Invitation to Bid. No fuel surcharges accepted. <br />13. AWARD – WAIVER OF TECHNICALITIES <br />A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the <br />opening of Proposals to the lowest responsible and responsive Bidder who’s Proposal <br />complies with all the requirements prescribed, exclusive of technicalities waived. Until the <br />final award of the Bid, however, the right is reserved by the City to reject any and all <br />Proposals and to waive technical errors. <br />14. SPLITTING OF AWARDS/DIVISIBLE BIDS <br />A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless <br />the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the <br />lowest responsible and responsive Bidder for each item or class of items as indicated in the <br />bid documents. <br />15. BIDDER QUALIFICATION <br />A. The City may require any Bidder to submit evidence of qualifications, and may consider any <br />evidence of the financial, technical, and other qualifications and abilities of the Bidder. The <br />City will not award a Contract to a Bidder 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 />16. PURCHASE ORDERS <br />A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is <br />made by the City. <br />17. NEW MANUFACTURE <br />A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the <br />latest model of manufacture. <br />18. SOURCE OF SUPPLY <br />A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub- <br />contractors must be identified. <br />19. 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 />20. 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 />B. All items rejected must be removed immediately by the Contractor at the expense of the <br />Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold <br />by the City of South Bend. <br />C. In some cases, at the discretion of the City, inspection of the commodities or equipment will <br />be made at the factory, plant, or other establishment where they are produced before <br />shipment. <br />D. The above provision shall not be construed in limitations of any rights the City may have <br />under any laws including the Uniform Commercial Code.