Guam Administrative Code

§ 3106. Retroactive Non-Base Pay. (1) Eligibility. (a) Must be a current member as of April 10, 1989; (b) Must have the non-base pay inclusion option based on a previous or current election of such option; (c) Must submit an application form to the Retirement Fund or respective p…

§ 3107. Subsequent Military Credit. (1) Eligible Persons. Current members of the Fund as of August 22, 1988 and new members who properly apply and or document their U.S. military services are eligible to apply for this credit. For the purposes of this Chapter, former and inactive…

§3107. Purchase of Items Separately from Construction Contract Provision . Purchase of Items Separately from Construction Contract. The Chief Procurement Officer, the Director of Public Works, or the head of a Purchasing Agency is authorized to determine whether a supply item or …

§3108. Methods of Source Selection. Unless otherwise authorized by law, all territorial contracts shall be competitive sealed bidding, pursuant to §3109, (Competitive Sealed Bidding) of these Regulations, except as provided in: (a) §3110 - Procurement from non-profit corporations…

§ 3108. Excluded Service. (1) Eligibility and Application. An applicant for excluded service credit must be a current member and claim such services on a form provided by the Director. Excluded services are those services rendered by an employee of the Government of Guam in any o…

§3109. Competitive Sealed Bidding. (a) Application . The provisions of this Section apply to every procurement made by competitive sealed bidding, including multi-step bidding. (b) Use of Competitive Sealed Bidding . Competitive sealed bidding is the preferred method for the proc…

§ 3109. Educational Training. (1) Eligibility. An applicant for education training credit must submit and meet the following requirements before processing of this claim. (a) Application. Submission to the Fund of a duly completed application on such form as may be provided by th…

§3110 Procurement from Nonprofit Corporations

§ 3110. Subsequent Civil Service. (1) Eligibility and Application. A current member who joined the Fund on or before May 31, 1989, and who terminates membership in the Retirement Fund of the United States, renounces benefits therefrom, and receives a refund of his contributions t…

§3110.1 Procurement from Nonprofit Corporations. A contract may be awarded for a supply or service without going through the competitive sealed bid procedure when the contractor is a non-profit corporation employing sheltered or disabled workers. As a condition of the award of th…

§3111. Small Purchases. (a) Application . In accordance with 5 GCA §5213 (Small Purchases) of the Guam Procurement Act, this Section is established for procurement of less than $15,000 for supplies or services and less than $50,000 for construction. (b) Authority to Make Small Pu…

§3112. Sole Source Procurement. A contract may be awarded for a supply, service, or construction item without competition when the provisions of this Section are met, provided that the Chief Procurement Officer, the Director of Public Works, the head of a Purchasing Agency, or th…

§3112.1 Blanket Purchase Agreements.

§3112.11 In General. a. A blanket purchase agreement (1) is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources of supply and is to be used only if the services or supplies cannot be properl…

§3112.12 Establishment of Blanket Purchase Agreements. (a) The following are circumstances under which BPAs may be approved: 1. If there is a wide variety of items ina broad class of goods (e.g. hardware) that are generally purchased but the exact items, quantities, and delivery …

§3112.13. Purchases under Blanket Purchase Agreements. (a) The use of a BPA does not authorize purchases that are not otherwise authorized by law or by regulation. (b) Individual purchases under BPAs shall not exceed $15,000 for supplies or services or $50,000 for construction. (…

§3112.14. Review Procedures. (a) The Chief Procurement Officer, the Director of Public Works, or the Purchasing Agency, shall review a sufficient random sample of the BPA files at least annually to ensure that authorized procedures are being followed. CH. 3 - SOURCE SELECTION & C…

§3112.15 Completion of Blanket Purchase Agreements. An individual BPA is considered complete when the purchases under it equal the total dollar limitation, if any, or when its stated time period expires. SOURCE: §§3112.1 through 3112.15 added in 1/1/1999.

§3112.3. Authority

§3113. Emergency Procurement. Notwithstanding any other provision of the Guam Procurement Act, the Chief Procurement Officer, the Director of Public Works, the head of a Purchasing Agency, or their designee may make or authorize others to make emergency procurement when there exi…

§3113.1. Purchase of Drugs by Generic Names. As used in §§3112.21 and 3112.22, generic drug means the chemical or generic name, as determined by the United States Adopted Names (USAN) and accepted by the Federal Food & Drug Administration CH. 3 - SOURCE SELECTION & CONTRACT FORMA…

§3113.2. Government to Purchase Drugs from Manufacturer. Whenever possible, the Chief Procurement Officer or his designee, shall purchase drugs, generic or otherwise, directly from the manufacturer so as to ensure and maximize economy. SOURCE: Added to comply with 5 GCA §5270. Ef…

§3113.3. Authority. All purchases of drugs directly from the manufacturer shall cite this section as authority, and each purchase order document shall reflect the following statement – “REF: 5 GCA §5258.”

§3114. Competitive Selection Procedures for Services Specified in §2112 (Authority to Contract for Certain Services and Approval of Contracts) of these Regulations. (a) Application . The provisions of this Section apply to every procurement of the services of accountants, physici…

§3115. Cancellation of Invitations for Bids or Requests for Proposals. (a) Scope of This Section . The provisions of this Section shall govern the cancellation of any solicitations whether issued by the territory under competitive sealed bidding, competitive sealed proposals, sma…

§3116 (Responsibility) of this Chapter. Responsiveness CH. 3 - SOURCE SELECTION & CONTRACT FORMATION - 2002 UPDATE - P. 23 of bids is covered by 5 GCA §5201(g), of the Guam Procurement Act, which defines responsive bidder as a person who has submitted a bid which conforms in all …

§3117. Prequalification of Suppliers. Prospective suppliers may be prequalified for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. (a) Prequalif…

§3118. Cost or Pricing Data. (a). Scope of Regulation on Cost or Pricing Data. This Section sets forth the pricing policies which are applicable to contracts of any type and any price adjustments thereunder when cost or pricing data are required to be submitted. The provisions of…

§3119. Types of Contracts. (a) Scope of Section . This Section contains descriptions of types of contracts and limitations as to when they should be utilized by the territory in its procurement. (b) Prohibition of Cost- Plus-A-Percentage-of-Cost- Contracting. Except for a cost-pl…

§3120. Approval of Accounting Systems. 5 GCA §5236 (Approval of Accounting System) of the Guam Procurement Act is quoted in Section 3119 (Types of Contracts) and implementation of that statutory provision is integrated into these Regulations.

§3121. Multi-Term Contracts. (a) General . A multi-term contract is appropriate when it is in the best interest of the territory to obtain uninterrupted services extending over more than one fiscal period, where the performance of such services involves high start-up costs, or wh…

§3122. Multiple Source Contracting. (a) Incremental Award. (1) General. An incremental award is an award of portions of a definite quantity requirement to more than one contractor. Each portion is for a definite quantity and the sum of the portions is the total definite quantity …

§3123. Inspections. (a) Right to Inspect Plant . The territory may at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the territory. (1) Inspe…

§3124. Right to Audit Records. (a) Audit of Cost or Pricing Data. The territory may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to 5 GCA §5232 (Cost or Pricing Data) of the Guam Procurement Act, to the…

§3125. Finality of Determinations. The determinations required by 5 GCA §5211(f), (Competitive Sealed Bidding, Correction or Withdrawal of Bids; Cancellation of Awards), 5 GCA §5211, (Competitive Sealed Proposals, Conditions for Use), 5 GCA §5212, (Competitive Sealed Proposals, A…

§3126. Reporting of Anticompetitive Practices. When for any reasons collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General and the Territorial Prosecutor. (See 5 GCA §52…

§3127. Retention of Procurement Records. All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Attorney General. All retained documents shall be made available to the Attorney General or a designee …

§3128. Record of Procurement Actions Taken Under §3105 (Sole Source Procurement) and §3106 (Emergency Procurement)

§3129. Record of all (other) Procurement Actions. The Chief Procurement Officer, the Director of Public works, or the Purchasing shall maintain a complete record of each procurement. The record shall include the following: (1) the date, time, subject matter and names of participa…

§3130. Certification of Records. No procurement award shall be made unless the Chief Procurement Officer, the Director of Public Works or the head of a Purchasing Agency certifies in writing under penalty of perjury that he has maintained the record required by §3129 of these reg…

§3131. Public Record. The record. required by Section 3129 (Record of other Procurement Actions) of this Chapter is a public record and, subject existing laws and regulations, any person or persons may inspect and copy any portion of the record. SOURCE: Added to comply with 5 GCA…

§3132. Rules for Procurement Records. As required by 5 GCA §5252, these rules are declared by the Policy Office to: 1. protect the integrity of the bidding process; 2. protect the confidentiality of trade secrets; 3. establish reasonable charges for copying papers; 4. provide for…

§ 3301. General Provisions. (a) Authority. Public Law No. 24-193:3 states that Board of Trustees shall establish rules and regulations to implement the provisions of 4 GCA § 8166 to the extent necessary to protect the interests of the members and beneficiaries of the Retirement F…

§ 3302. Definitions. Words and phrases, wherever used in this Article, unless a different meaning is clearly indicated by the context, shall have the following meanings: (a) Account means the account at the financial institution specified by a recipient into which benefits paymen…

§ 3303. Right to Annuity. The right to a retirement, disability annuity, survivor's annuity or benefit, death benefit or any other benefit under the provisions hereof, or refund, by whatever name called, is personal with the recipient thereof and the assignment or alienation of s…

§ 3304. Assignment and Alienation of Benefit Payments. (a) “Assignment” and “alienation” include: (1) any arrangement providing for the payment to the employer of Retirement Fund benefits which otherwise would be due the member; and (2) any direct or indirect arrangement, whether…

§ 3305. Procedures for Processing Full Benefit Payments by Check. (a) Recipients may request that they receive the full amount of their net benefit payment by check drawn to their order, by executing a payment authorization form prepared by the Retirement Fund. Checks issued purs…