Guam Administrative Code

§1101. Official Publication. This Title is a part of the Guam Administrative Rules and Regulations. The Guam Administrative Rules and Regulations, as supplemented, is an official publication of the Compiler of Laws. It contains regulations of Guam governmental agencies which have…

§1102. History. The Guam Administrative Rules and Regulations (GAR) make the existing body of regulations readily available to the public. The first provision in Guam for the central filing of administrative regulations and for their compilation and publication was made by Public…

§1103. Availability. The Guam Administrative Rules and Regulations (GAR) are provided by the Compiler of Laws [Office of the Attorney General, Judicial Center 2-200E, 120 W. O’Brien Dr., Hagåtña, Guam 96910)in eight soft bound volumes and on the internet. The rules are currently …

§1104. How to Cite. Cite by Title, “GAR”, Division and Section number. 2 GAR 4-§11108 refers to section 11108 of the Procurement Regulations

§1105. How to File. Since there are no supplemental bulletins, refer to the soft cover volumes and to the internet cite - www.guamattorneygeneral.com .

§1106. How to Use. (a) Finding the regulations: The Guam Administrative Rules and Regulations are arranged by subject. Twenty- five (25) major parts, each indicated as a title, bring together regulations on related subjects. Within each title, in descending order come chapter, su…

§1101. Purpose. The purpose of the Guam Procurement Regulations, hereinafter referred to as the Regulations, is to provide standard policies and procedures governing the procurement, management, control, and disposal of supplies, services, and construction for the territory in co…

§1102. Policy. It is the policy of this territory to promote economy, efficiency, and effectiveness in the procurement of supplies, services and construction by: (1) continuously developing sound procurement policies and practices; (2) providing for increased public confidence in…

§1102.01 Sheltered or Disabled Persons The Chief Procurement Officer, the Director of Public Works or the head of the Purchasing Agency shall, to the extent practicable, purchase supplies and services offered by non-profit corporation employing sheltered or disabled workers, or b…

§1102.02 Biodegradable, Reusable, Recyclable or Recycled Material or Any Combination. The Chief Procurement Officer, the Director of Public Works, or the head of the Purchasing Agency shall, whenever possible, procure products that are biodegradable, reusable, recyclable, or made…

§1102.03 Planned Procurement. All procurement of supplies and services shall, where possible, be made sufficiently in advance of need for delivery or performance to promote maximum competition and good management of resources. Publication of bids and requests for proposals shall …

§1103. Advance Payments Prohibited. No procurement shall be made which shall require advance payment unless authorized by law.

§1104. Local Procurement Preference. All procurement of supplies, and procurement of services shall be made from among businesses licensed to do business on Guam and that maintain an office or other facility on Guam, whenever a business that is willing to be a contractor is: (a) …

§1105. Requirement of Good Faith. These Regulations require all parties involved in the negotiation, performance, or administration of territorial contracts to act in good faith.

§1106. Definitions. Terms used in these Regulations have the following meaning ascribed to them unless the context in which they are used requires a different meaning, or unless a different definition is prescribed for a particular chapter in the Regulations. 1. Business means an…

§10101. Policies and Scope: General. This part prescribes policies and promulgates standards and techniques for the economical and efficient management of the records of the government of Guam.

§10101. Compliance with Federal Requirements (a). Federal Funds. Where a procurement involves the expenditure of federal assistance or contract funds, or other federal funds as defined by Section 20 of the Organic Act of Guam, all persons within the Government of Guam shall compl…

§10102. Same: Purpose and Authority. It is the purpose of these rules to implement the provisions of 5 GCA Chapter 20, Article 6, known as the "Records Management Act", Public Law 6-64, relating to the establishment of continuing programs for the efficient and economical manageme…

§10103. Same: Coverage. These Rules and Regulations apply to all departments and agencies of the government of Guam except those specifically exempted by the provisions of 5 GCA §0606 [Records Management Act]. Provided, however, that upon request of the exempted Branches, the Leg…

§10104. Same: Scope and Applicability. These rules and regulations are issued in accordance with statutory and regulatory authority contained in 5 GCA Chapter 20 Article 6 and Government of Guam Memorandum No. 62- CH. 10 - RECORDS MANAGEMENT COMMITTEE - 1997 - P. 3 23. They provi…

§10105. Same: Definition. Unless the context otherwise requires, the definitions set forth in 5 GCA

§10106. Same: Program Content. The records management program is agency-wide in scope and among other things, provides for: (a) Effective controls over the creation, organization, maintenance and use, and the disposition of all records of the agency. (b) Cooperation with the Dire…

§10107. Responsibilities: General. Records are the property of the government of Guam and principally serve as reference tools for line officials. Records retention schedules are to be developed by all agencies which prescribe an absolute time for holding records prior to disposi…

§10108. Same: Director of Administration. The Director of Administration is responsible for establishing standards and coordinating government-wide efforts in maintaining an effective records management program. He is responsible for the development, coordination and review of th…

§10109. Same: Agency Heads. The heads of each agency having records management responsibilities under the law shall: CH. 10 - RECORDS MANAGEMENT COMMITTEE - 1997 - P. 5 (a) Execute a continuing records management program at all levels of his organization, in accordance with exist…

§10110. Same: Records Management Committee. The Records Management Committee, created by Government CH. 10 - RECORDS MANAGEMENT COMMITTEE - 1997 - P. 6 of Guam Memorandum No. 62-23, comprises of all agency Records Officers as members and the Director of Administration or his repr…

§10111. Documentation: General. The Records Management Act (Public Law 6-64) requires each agency to provide for effective controls over the creation of records, including the making and preservation of records "containing adequate and proper documentation of the organization, fu…

§10112. Same: Scope. Effective controls over records creation must encompass all types of records at all levels or organizations, divisions, sections and units. Generally, there are four (4) types of records which require continuing attention: correspondence, reports, forms and d…

§10113. Same: Standards. To insure that adequate and proper records are made and preserved in the government of Guam, the following documentation standards will apply: (a) The records of the transaction of public business by any Government official or employee is to be complete t…

§10114. Records Retention Control Schedules: General . Each agency shall compile a records control schedule for all major groups of its records having importance in terms of content, bulk or space and equipment occupied. The schedules will cover record material wherever located a…

§10115. Same: Records Series Title. A record series is a group of related records arranged under a single filing system or kept together as a unit because they deal with a particular subject, resulting from the same activity. The Director shall assign record series title to each …

§10116. Same: Scheduling Standards. Standards for effective records scheduling include: (a) Disposal after minimum retention periods of those records not having sufficient values to justify their further retention. Procedures for obtaining disposal authorization are prescribed in…

§10117. Same: Government of Guam Controller Clearance. Each agency shall obtain the approval of the Government of Guam Chief Controller for disposal of certain classes of records relating to claims and demands by or against the Government or to accounts in which the Government is…

§10118. Same: Review and Changes. Agencies will cooperate in the development of a Territorial Archives and Government of Guam Information Center of separate records retention plans designating classes of record which are considered by the Archivist of the territory of Guam to hav…

§10119. Disposition of Records: Authority. Section 20608 of 5 GCA, [Records Management Act] prescribes that no records of the government of Guam shall be alienated or destroyed in accordance with the provisions of the Act. Penalties for the willful and unlawful destruction, damag…

§10120. General. The key to effective records disposition is the records retention schedule which lists and describes the records in each type or series and indicates action to be taken to effect disposition. Records scheduling is based on the taking of a complete inventory of th…

§10121. Disposition Standard . A ten percent (10%) annual disposition rate is prescribed as the minimum disposition standard for all agencies. The disposition rate will reflect the volume of records disposed of by destruction and/or transferred during the reporting year, as compa…

§10122. Reporting Requirement. Within thirty (30) days of the close of each fiscal year, all agencies of the Executive Branch of the government of Guam will submit to the Director of Administration a summary of records holdings on records retention report form.

§10123. Removal of Official Records: General. Documentary materials which fall under the statutory definition of "records" may be disposed of only in accordance with the statute and applicable records control schedules. Records made in connection with the transactions of public b…

§10124. Same: Standards . To implement the legal restrictions against the removal of records by any employee leaving the service of the Government, the following standards will apply: (a) All terminating employee must be cleared of all records as well as properties belonging to t…

§10125. Records Equipment and Supplies Management: General. The objective of records equipment and supplies management is to insure that necessary and suitable equipment and supplies are economically and efficiently utilized.

§10126. Same: Standards. Standards for effective records equipment and supplies management include: CH. 10 - RECORDS MANAGEMENT COMMITTEE - 1997 - P. 11 (a) Reduction of equipment and supply needs by prompt disposition of records and reuse of equipment on hand. (b) Maximum use of…

§10127. Organization, Maintenance and Use of Current Records: General. Effective controls over the organization, maintenance and use of records in the conduct of current business require the development and implementation of programs for the management of mails, files and records…

§10128. Same: Mail Management. (a) General. The objective of mail management is to provide rapid handling and accurate delivery of mail at minimum cost. (b) Standards . Standards for effective mail management will include: (1) Establishment of central mail receiving and dispatchi…

§10129. Same: Prohibition. Messenger services and government post office boxes or mail compartments are instrumentalities for the conduct of official business and shall not be used to send or receive personal mails.

§10130. Same: Files Management. (a) General. The objectives of files management are to so organize files that needed records can be found rapidly, complete records are assured, identification of records of archival value is facilitated and disposition of non-current records is ac…

§10131. Correspondence Management: General. The objectives of correspondence management are to limit correspondence to essential requirements, to improve the quality of necessary correspondence, and to provide for its creation in an economical and efficient manner.

§10132. Same: Standards . Standards for effective correspondence management will include: (a) Preparation of only necessary correspondence and essential copies. (b) Use of form letters to the maximum extent possible, following the guides and principles established in Part II of t…

§10133. Same: Approval. All form letters shall be channeled to the Director for official approval and assignment of control number for identification purpose and easy reference to them.

§10134. Forms Management: General. The objectives of forms management are to increase the usefulness of forms through proper design and effective utilization; to reduce costs incident to filing in, using and filing forms; to achieve savings in designing, printing, storing and dis…