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<br /> <br /> <br />15. 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 />16. 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 />17. 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 />18. 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 />19. 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 />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 />B. All items rejected must be removed immediately by the Contractor/Supplier at the expense of <br />the Contractor/Supplier. If the Contractor/Supplier fails or refuses to remove the rejected <br />items, they may be sold by the City of South Bend. <br />C. 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. <br />22. ASSIGNMENTS <br />A. No person to whom a Contract has been awarded may assign his interest in the Contract <br />without the consent, in writing, of the City. <br />23. CANCELLATION <br />A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of <br />performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct <br />on the part of the Contractor. <br />24. DEDUCTION OF DAMAGES <br />A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the <br />Contractor on the Contract or any other Contract, any amount sufficient to compensate the <br />City for any damages suffered by it because of the Contractor’s wrongdoing. <br />25. METHOD OF INVOICING FOR PAYMENT <br />A. Contractor shall bill the City of South Bend