§ 7-3. Competitive bids.

A. 

Prior to making any purchase of supplies, materials, equipment, or entering into a contract for the provision of services or the construction of public works, other than purchases and contracts subject to General Municipal Law § 103, the Director of Purchasing, acting on behalf of the Town Board or the Superintendent of Highways, shall provide an opportunity for competition under such rules and regulations as may from time to time be established by state law or local legislation. Contracts that are subject to competitive bidding shall be awarded to the lowest responsible bidder who shall give security for the performance of the contract, if required by the bid specifications. However, the Town Board, Superintendent of Highways or Director of Purchasing, as the case may be, may award such contract to a bidder/other than the lowest responsible bidder, as aforesaid, where such other bidder maintains a principal place of business located within the Town of Brookhaven, or sells the contracted-for supplies, material, or equipment manufactured and located within the Town of Brookhaven, and submits a bid not exceeding 10% more than the otherwise lowest responsible bidder. The Town Board, Superintendent of Highways, or Director of Purchasing, as the case may be, may award such contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the County of Suffolk or sells the contracted for supplies, material or equipment manufactured and located within the County of Suffolk, and submits a bid not exceeding 5% more than the lowest responsible bidder.

B. 

In the event that the Town Supervisor certifies, in writing to the Town Board that a sudden disaster, such as a hurricane, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God, or comparable act has occurred, or in the event that a written declaration of such a disaster is adopted in the form of a resolution by an affirmative vote of at least 2/3 of the entire membership of the Town Board, then the requirement in Subsection A of this section may be waived by the Town Supervisor.

C. 

Any contract entered into in violation of Subsection A of this section shall be null and void ab initio and the Department of Finance shall be prohibited from making any payment on any such contract.