Guam Administrative Code

§ 13105. No Conflict-of-interest. D IV . 4 - P ROCUREMENT R EGULATIONS 6 (a) A member, consultant or advisor of the Negotiating Team that has a conflict of interest (as understood and regulated by 5 GCA §§ 5625-5633) because of a financial interest with an offeror or due to emplo…

§ 13106. Meetings. Meetings of the Negotiating Team shall be called by the Chairperson, or by a majority of the voting members of the Negotiating Team. (a) The Chairperson shall set the time, day and place of meetings with the intent to permit the largest number of voting members…

§ 13107. Quorum. The Negotiating Team may conduct official business if a quorum of its voting members is present at any properly noticed meeting. A quorum of the Negotiating Team is seven (7) voting members.

§ 13108. Decisions. (a) At any properly noticed meeting of the Negotiating Team where a quorum is present, the Negotiating Team shall make decisions based upon an affirming vote of at least five (5) of the voting members present, after a motion is made by any member, and seconded…

§ 13109. Opening of Proposals. (a) Provisions shall be made in each Request For Proposals that establish the process for receiving proposals, documenting the reception of proposals, the initial opening of proposals to D IV . 4 - P ROCUREMENT R EGULATIONS 8 ensure a proper count, …

§ 13110. Communication by Offerors and Sub-contractors. (a) Unsolicited communication by offerors and sub- contractors by phone, mobile phone, email, or any other mode of delivery about any facet of the RFP prior to negotiations is prohibited and may result in disqualification of…

§ 13111. Authority to Clarify Proposals. The Negotiation Team shall request any documents or information for any proposals received and deemed to be non- responsive or not qualified that will cause said proposals to be responsive and qualified. A proposal shall only be disqualifi…

§ 13112. Proceeding to the Next Phase. After the conclusion of each phase identified in the RFP, Team Members must acknowledge, via signature, such approval or disapproval to proceed to the next phase. D IV . 4 - P ROCUREMENT R EGULATIONS 9

§ 13113. Weighting and Ranking. During the planning stage of each solicitation for group health and dental insurance, the Negotiating Team shall establish the processes and mechanisms for evaluating proposals submitted in response to a solicitation for the purpose of the ultimate…

§ 13114. Review and Audit. The Negotiating Team reserves the right and obligation to review and audit its evaluation determination during the solicitation process, consistent with the instructions and procedures provided for in a Request For Proposals, Guam law, and regulations.

§ 13115. Roles of Team Members. The following are the responsibilities of the Department of Administration personnel, consultant and negotiating team members. Any additional duties identified in the consultant contract, 4 GCA § 4301, and other pertinent sections that may arise he…

§ 13116. Amendment. These Rules of Procedure may be amended by the Negotiating Team pursuant to the Administrative Adjudication Law, 5 GCA § 9301.

§ 13117. Compliance With Law. The Negotiating Team shall retain consultants cognizant of federal and Guam laws as applicable to the provision of health and dental insurance and health and dental services, and as applicable to the solicitation and acquisition of group health and d…

§ 13118. Vice Chairperson. There shall be a Vice Chairperson of the Negotiating Team chosen from among the members of the Negotiating Team by a majority vote of the Negotiating Team. The Vice Chairperson D IV . 4 - P ROCUREMENT R EGULATIONS 12 shall serve as Chairperson at any me…

§ 14101. Background. (a) The Department of Public Health and Social Services recognizes the impact that the increasing rates of obesity and overweight are having on chronic diseases, quality of life, and health care costs. (1) Consumption of just 100 extra calories a day from foo…

§ 14102. Rules and Regulations. (a) This policy covers all machines designed to dispense food and/or beverages located within all government owned, leased and/or operated spaces or facilities. (1) Should a Healthy Vending Machine Policy or public law exist at any government of Gu…

§ 14103. Policy: Placement of Vending Machines. (a) No independently owned vending machines shall be allowed on government property without the prior written approval of the Agency Head or his/her designee. Snack and beverage vending machines shall be permitted to operate on gove…

§ 14104. Policy: Food and Beverage Operations. (a) All food and beverage products must be delivered and placed in machines in their original wrappers or in a sanitized bulk dispenser that fits on the machine as a unit and meets the nutritional standards outlined in Section D Food…

§ 14105. Policy: Nutrition Facts. The vending machine operator shall provide a sign in close proximity to each and every article of food/beverage or the selection button that includes a clear and conspicuous statement disclosing the number of calories, fat, sugar, and sodium cont…

§ 14106. Policy: Food and Beverage Nutrition Guidelines. (a) Beverages. In reference to PL 31-141, as amended, effective January 2014, at least 50% of beverages offered in a vending machine must contain one or a combination of the following: (1) Water; (2) Coffee or Tea; (3) Nonf…

§ 14107. Policy: Consultation. Government of Guam agency designated HEALTH Coaches or designees will be available to consult with vending machine vendors on item placement in machines, healthy item identification strategies, and consumer outreach and education.

§ 14108. Policy: Amendment of Nutrition Standards. This policy may be amended from time to time as new reference material that may have a direct impact on additional healthy options that are within vending machines becomes available.

§ 14109. Policy: Implementation. (a) Time Line. The policy proposes that by January 2012, at least 50% of all foods and beverages offered in government- contracted food and beverage vending machines within government facilities and offices shall adhere to the specific guidelines …

§ 14110. Policy: Evaluation. (a) To evaluate the degree of compliance to the Healthy Vending Machine Policy, it is important to involve and get the support of the vendors, who are in the position to compile and monitor the data on consumption of the food items in the vending mach…

§2101. Creation and Membership of the Procurement Policy Office . (a) Policy- Office Created . The Procurement Policy Office was created as a part of the Office of the Governor and is referred to in these Regulations as the Policy Office. (b) Membership of the Policy Office . The…

§2102. Duties and Responsibilities. 1. Advise the Governor on policies, regulations, and procedures concerning procurement administration matters. 2 GAR - ADMINISTRATION DIV. 4 - PROCUREMENT REGULATIONS CH. 2 - PROCUREMENT ORGANIZATION - 1997 - P. 2 2. Establish regulations, cons…

§2103. Creation of the General Services Agency. The centralized procurement of the Government is placed within an existing department, the Department of Administration, in the same position as is the Supply Management Division, but with expanded responsibilities. However, the Chi…

§2104. Authority of the Chief Procurement Officer and the Director of Public Works . (a) Principal Contracting Officers of the Territory. The Chief Procurement Officer of the General Services Agency, shall serve as the central procurement officer of the territory with respect to …

§2105. Delegation of Authority by the Chief Procurement Officer and the Director of Public Works. Application. The Chief Procurement Officer or the Director of Public Works may delegate authority to designees or to any governmental body or official. Decision to Delegate. The Chie…

§2106. Delegation of Authority to Officials in Other Departments and Agencies. The Chief Procurement Officer or the Director of Public Works may delegate in writing such authority as may be deemed appropriate to the head of any department or independent agency of this territory. …

§2107. Exceptions to Delegation. The authority conferred on the Chief Procurement Officer, the Director of Public Works, or the head of a Purchasing Agency in the following sections of the Guam Procurement Regulations shall not be delegated: (a) Section 5104 (Contract Performance…

§2108. Limitations on Delegation. (a) Under Section 3109 (Competitive Sealed Bidding, Award) of the Guam Procurement Regulations, the Director of Public Works, or the head of a Purchasing Agency may delegate the authority to negotiate an adjustment of the bid price for a construc…

§2109. Revolving Fund. The Inventory Revolving Fund is created and shall be maintained separate and apart from other government funds. The Chief Procurement Officer shall be the certifying officer of the Inventory Revolving Fund. The Fund shall be used for the purchase and replen…

§2110. Centralization of Procurement Authority. Except as otherwise provided in this Chapter, all rights, powers, duties, and authority relating to the procurement of supplies, services, and construction, and the management, control, warehousing of supplies, services, and constru…

§2111. Coordination, Training and Education; Collection of Data Concerning Public Procurement. The Chief Procurement Officer shall cooperate with the Bureau of Budget and Management Research and the Territorial Auditor, or any successor agency, in the preparation of statistical d…

§2112. Authority to Contract for Certain Services and Approval of Contracts (Guam Procurement Act §5121 of Title 5 ). (a) General Authority. For the purpose of procuring the services of accountants, physicians, lawyers, dentists and other professionals, any governmental body of t…

§2113. Duties of the Attorney General. The Attorney General, the Deputy Attorney General or such Assistant Attorneys General as the Attorney General may designate, shall serve as legal counsel and provide necessary legal services to the Policy Office and the General Services Agen…

§2112 (Authority to Contract for Certain Services and Approval of Contracts) of these Regulations.

§2306 states: §2306... Output, Requirements and Exclusive Dealings CH. 3 - SOURCE SELECTION & CONTRACT FORMATION - 1997 - P. 80 (1) A term which measure the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur…

§3101. Definitions of Terms Used in this Chapter. (1) Capability , as used in §1106 (Definitions, Responsible CH. 3 - SOURCE SELECTION & CONTRACT FORMATION - 1997 - P. 2 Bidder or Offeror) of these Regulations, means capability at the time of award of the contract. (2) Cost Analy…

§ 3101. General Provisions. (1) Authority. The Board of Trustees is authorized by 4 GCA § 8142, to establish rules and regulations to implement the provisions of Chapter 8 of Title 4 of the Guam Code Annotated. In addition, PL 20-4 explicitly authorizes the Retirement Fund Board …

§ 3102. Glossary. (1) General. Words and phrases used herein shall have the meaning contained in 4 GCA '8104, and as may be further clarified below, except where, as clearly indicated by context, the normal meaning may be construed. (2) Definitions. The following words and phrase…

§3102. General Provisions. (a) Extension of Time for Bid or Acceptance. After opening bids or proposals, the Procurement Officer may request bidders or offerors to extend the time during which the territory may accept their bids or proposals, provided that, with regard to bids, n…

§ 3103. Installment Payment Agreements. (1) Promissory Notes. Any installment payment agreement, as may be authorized by these rules and regulations, shall be evidenced by a promissory note. Each promissory note shall: (a) stipulate the extension of allowable service credits upon…

§3103. Relations Between Agencies. (a) Purchase Requisitions by Agencies. (1) Authority to Reject . When the Chief Procurement Officer, or the Director of Public Works , or the head of a Purchasing Agency, after consultation with the requesting agency, decides that processing the…

§3104. Unsolicited Offers. (a) Unsolicited Offers Provision. (1) Defined . An unsolicited offer is any offer other than one submitted in response to a solicitation. CH. 3 - SOURCE SELECTION & CONTRACT FORMATION - 2002 UPDATE - P. 7 (2) Processing of Unsolicited Offers. The Chief …

§ 3104. Redeposits. (1) Applications. Claimants to make redeposit of previously withdrawn contributions shall apply as follows: (a) Current Member. Any current member as of April 10, 1989 who does not subsequently refund, may submit to the administrative offices of the Fund a cla…