(A) Prohibition against subdivision. No contract or purchase may be subdivided to avoid the requirements of this chapter, provided, however, that individual items may be purchased from different bidders if:
(1) The requirements of this chapter are followed with respect to the entire estimated cost of all items for which bids are invited; and
(2) The practice is consistent with the terms of the notice inviting bids.
(B) Award to other than low bidder. It is the policy of Newberry County to award all contracts or purchases to the lowest responsive, responsible bidder, unless a combination of the following factors outweighs the single factor of cost, in which event justification of the selection will be required to be made to, and approval received from, the County Administrator or his or her designee:
(1) The ability of the bidder to perform the contract or provide the goods or services promptly or within the time specified without delay or interference;
(2) The quality, availability, and adaptability of the goods or services for the use of the subject of the contract;
(3) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(4) The number and scope of conditions attached to the bid;
(5) The delivery and discount terms of the bids;
(6) The convenience of the location where the goods are to be delivered or picked up or the service is to be rendered; and
(7) The best interests of the citizens of the county.
(C) Price escalation clauses. The awarding authority may enter into contracts containing price escalation clauses, provided that the escalations may reasonably be expected not to raise the average price of goods or services higher than prices offered by other bidders, and further provided that the contracts contain a nonappropriation clause.
(D) Cancellation of contract. The awarding authority shall have the right to cancel any purchase or contract when the vendor is found to have violated or attempted to violate the provisions of this chapter or in any of the following instances:
(1) If the vendor fails to make delivery within the time specified in the contract;
(2) If the vendor fails to provide service when service is part of the contract;
(3) If any supplies, materials, or equipment delivered under the contract are rejected and are not promptly replaced by the vendor (if there are repeated rejections, the contract may be cancelled, even though the vendor agrees to replace the items promptly);
(4) If the vendor agrees to cancellation; or
(5) If the contract is obtained by fraud, collusion, conspiracy, or by any method which is in conflict with statutory or constitutional provisions of the state.
(Ord. 01-02-04, passed 1-7-2004)